Acts and Regulations

84-59 - Assessment and Planning Appeal Board

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Revoked on 20 September 2019
NEW BRUNSWICK
REGULATION 84-59
under the
Community Planning Act
(O.C. 84-256)
Filed April 10, 1984
Under subsection 85(4) of the Community Planning Act, the Lieutenant-Governor in Council, after consultation with the Board, makes the following Regulation:
Repealed: 2019-28
1This Regulation may be cited as the Assessment and Planning Appeal Board Regulation - Community Planning Act.
2001, c.32, s.5
2In this Regulation
“Act” means the Community Planning Act;(Loi)
“Board” Repealed: 2001, c.32, s.5
“Chairperson” means the Chairperson of the Board.(président)
2001, c.32, s.5
3(1)A person appealing to the Board shall file with the Chairperson thereof a Notice of Appeal in Form 1.
3(2)The decision being appealed shall, at the request of the person appealing, be made available to the person appealing and the Board in Form 2.
2001, c.32, s.5
4Where a notice under section 3 is in respect of an appeal which meets the requirements of subsections 86(2) and (3) of the Act, the Board
(a) shall fix the date and place for a hearing of the appeal;
(b) shall at least fourteen days before the date fixed under paragraph (a), give notice of the appeal and the particulars thereof together with the date and place fixed for the hearing to all persons whom the Board considers to be concerned in the appeal; and
(c) in hearing the appeal,
(i) shall permit all persons to whom notice was given under paragraph (b) and those whom the Board subsequent to such giving of notice considers are concerned therein an opportunity to be heard, to present evidence and to hear the evidence of others, or
(ii) shall permit, where all persons to whom notice was given under paragraph (b) consent thereto, written submissions to be filed in place of an oral hearing.
5The Board may consolidate appeals where it receives more than one notice of appeal containing the same basic allegations.
6When the person appealing does not appear and is not represented by his agent or counsel at the time and place fixed for the hearing of his appeal, the Board
(a) shall dismiss the appeal; and
(b) may, on application therefor made by such person or his agent or counsel within seven days from the date of the dismissal and if satisfied that he has sufficient reason for his or his representative’s absence, set aside the dismissal and fix a new date and place for hearing of the appeal.
7The onus of supporting an appeal shall be upon the person appealing in the case only of his appeal falling within subparagraph 86(2)(a)(ii), (b)(ii) or (c)(ii) of the Act.
8Regulation 73-41 under the Community Planning Act is repealed.
N.B. This Regulation is consolidated to September 20, 2019.