Acts and Regulations

84-179 - Appeal

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 84-179
under the
Clean Environment Act
(O.C. 84-611)
Filed July 26, 1984
Under section 32 of the Clean Environment Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the Appeal Regulation - Clean Environment Act.
2In this Regulation
“Act” means the Clean Environment Act.(loi)
3When an appeal against an order or other decision of the Minister is authorized by the Act or any regulation made thereunder, the appeal shall be conducted in accordance with this Regulation and may be instituted by any one of the following persons:
(a) a person owning all or part of any property which is the subject of the order or other decision;
(b) a person who is the subject of the order or other decision;
(c) an applicant for a licence, permit or approval whose application has been refused or has been granted subject to terms and conditions;
(d) any person who holds a licence, permit or approval whose licence, permit or approval has been revoked or varied; or
(e) any other person specifically authorized by the Act or any regulation made thereunder to appeal using the procedure established by this Regulation.
4(1)A person referred to in section 3 who wishes to appeal from an order or other decision of the Minister
(a) shall, within fifteen days after being notified of the order or other decision or within such further time as may be allowed by the Minister, serve the Minister with a notice of appeal, setting out the particulars of the order or decision and the person’s grounds for appeal, together with all relevant facts and an address for service within the Province, and
(b) may, within thirty days after being notified of the order or other decision, serve the Minister with a written submission, setting out in detail the position of the appellant and annexing any supporting documentation and other pertinent information.
4(2)The Minister shall, within thirty days after being served with a written submission under paragraph (1)(b) or, if no written submission is served, after the last day on which a written submission could have been served under paragraph (1)(b), review the order or other decision appealed from and shall make a written determination of the matter, with reasons, confirming, varying or revoking the order or decision.
4(3)A copy of the written determination of the Minister shall be served upon the person who served the notice of appeal and upon all other persons who were notified by the Minister of the order or other decision appealed from.
92-105
5Except where the Act or any regulation made thereunder provides otherwise, the institution of an appeal shall not operate as a stay and the order or other decision from which the appeal is taken has the same effect as it would have had if no appeal had been instituted.
6(1)Any notice or other document which is to be given to, filed with or served upon the Minister shall be sufficiently given, filed or served if it is delivered personally or sent by prepaid registered or certified mail to the Deputy Minister of Environment and Climate Change, Department of Environment and Local Government, P. O. Box 6000, Fredericton, New Brunswick, E3B 5H1.
6(2)Any notice or other document which is to be given to or served upon any other person shall be sufficiently given or served if it is delivered personally or if it is sent by prepaid registered or certified mail to:
(a) the last address of that person reported to the Minister pursuant to the Act or any regulation made thereunder; or
(b) the address for service endorsed upon the notice of intention to appeal served pursuant to subsection 4(1).
6(3)Service by prepaid registered or certified mail shall be deemed to be effected five days after the date the notice or other document is deposited in the mail.
2000, c.26, s.39; 2006, c.16, s.26; 2012, c.39, s.35; 2020, c.25, s.24
7Regulation 78-32 under the Clean Environment Act is repealed.
N.B. This Regulation is consolidated to December 18, 2020.