Acts and Regulations

2011, c.114 - Assessment and Planning Appeal Board Act

Table of contents
Full text
Repealed on 15 May 2024
2011, c.114
Assessment and Planning
Appeal Board Act
Deposited May 13, 2011
Repealed: 2023, c.18, s.99
Definitions
1The following definitions apply in this Act.
“Board” means the Assessment and Planning Appeal Board established under this Act. (Commission)
“Chair” means the Chair of the Board. (président)
“Minister” means the Minister of Local Government and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“region” means a region of the Board established by regulation. (région)
“Vice-Chair” means a Vice-Chair of the Board. (vice-président)
2001, c.A-14.3, s.1; 2006, c.16, s.14; 2012, c.39, s.17; 2020, c.25, s.10; 2023, c.40, s.8
Establishment of Board and appointments
2(1)There shall be an Assessment and Planning Appeal Board consisting of the following persons who shall be appointed by the Lieutenant-Governor in Council:
(a) a Chair, who shall be a barrister and solicitor who has been a member in good standing of the Law Society of New Brunswick for at least five years immediately preceding the date of appointment; and
(b) two members from each region.
2(1.1)The Lieutenant-Governor in Council may appoint to the Board two alternate members from each region to serve in the place of a member appointed under paragraph (1)(b) from the same region if, for any reason, the member is unable to act.
2(2)The Lieutenant-Governor in Council shall appoint a maximum of three Vice-Chairs to the Board
(a) none of whom shall be members of the Board appointed under paragraph (1)(b) or subsection (1.1), and
(b) each of whom shall be a barrister and solicitor who has been a member in good standing of the Law Society of New Brunswick for at least five years immediately preceding the date of appointment.
2(3)No person shall be eligible to hold office as the Chair, a Vice-Chair or other member of the Board if the person is employed within the civil service of the Province.
2001, c.A-14.3, s.2; 2005, c.25, s.1; 2022, c.31, s.2
Terms of office and revocation of appointments
3(1)The Chair shall be appointed to the Board for a term not exceeding ten years and may be reappointed.
3(2)A Vice-Chair shall be appointed to the Board for a term not exceeding five years and may be reappointed.
3(3)All other members of the Board shall be appointed for a term not exceeding three years and may be reappointed.
3(4)Any appointment to the Board may be revoked by the Lieutenant-Governor in Council for cause.
2001, c.A-14.3, s.3; 2001, c.37, s.1
Remuneration and expenses
4(1)The Lieutenant-Governor in Council shall determine the remuneration to be paid to the Chair and each Vice-Chair.
4(2)All other members of the Board are entitled to remuneration as established by regulation.
4(3)The Chair, each Vice-Chair and the other members of the Board are entitled to be reimbursed for expenses incurred by them while acting on behalf of the Board at a rate established by regulation.
2001, c.A-14.3, s.4
Duties, functions and powers of the Board
5(1)The Board shall perform the duties and functions required to be performed by the Board under this or any other Act of the Legislature, including
(a) the Assessment Act,
(b) the Community Planning Act, and
(c) the Heritage Conservation Act.
5(2)The Board may exercise any power conferred on the Board under this or any other Act of the Legislature, including
(a) the Assessment Act,
(b) the Community Planning Act, and
(c) the Heritage Conservation Act.
5(3)The Board shall perform such other duties and functions as may be required by the Lieutenant-Governor in Council to be performed by the Board and may exercise such other powers as may be conferred on the Board by the Lieutenant-Governor in Council.
2001, c.A-14.3, s.5; 2010, c.H-4.05, s.113
Panels of the Board
6(1)Appeals to the Board shall be heard by a panel of two or three members of the Board, consisting of the Chair and one or two members selected by the Chair from the region in which the appeal originates.
6(2)Despite subsection (1), the Chair may, if the Chair considers it necessary, designate one or two of the following persons to serve on a panel of the Board in place of the member or members from the region in which the appeal originates:
(a) an alternate member appointed under subsection 2(1.1); or
(b) a member from another region.
6(3)For greater certainty, in no case shall a panel of the Board consist of more than three members.
6(4)Any order, ruling or decision of or any act or thing done by a panel of the Board shall be an order, ruling or decision of or an act or thing done by the Board.
2001, c.A-14.3, s.6; 2004, c.40, s.1; 2022, c.31, s.2
Duties of the Chair
7(1)The Chair shall preside at sittings of the Board and the Chair’s opinion on a question of law raised during a hearing shall prevail.
7(2)The Chair shall determine the time and place of sittings of the Board.
2001, c.A-14.3, s.7
Authorization of Vice-Chair to act as Chair
8(1)The Minister may authorize a Vice-Chair to act as Chair in the absence of the Chair or in the case of a vacancy and when so authorized, the Vice-Chair has all the powers and duties of the Chair.
8(2)The Chair may authorize a Vice-Chair to preside at a sitting or sittings of the Board and when so authorized, the Vice-Chair has all the powers and duties of the Chair.
2001, c.A-14.3, s.8
Alternate members
Repealed: 2022, c.31, s.2
2022, c.31, s.2
9Repealed: 2022, c.31, s.2
2001, c.A-14.3, s.9; 2022, c.31, s.2
Hearing of appeal by Chair
2022, c.31, s.2
10If the parties consent, an appeal may, for any reason, be heard by the Chair alone.
2001, c.A-14.3, s.10; 2022, c.31, s.2
Deciding vote of the Chair
2022, c.31, s.2
10.1In the event of a tie on any matter decided during the hearing of an appeal, the Chair shall have the deciding vote.
2022, c.31, s.2
Hearings to be public
11All hearings before the Board shall be held in public.
2001, c.A-14.3, s.11
Public notice of hearing
2022, c.31, s.2
11.1 The Board shall give notice to the public of a hearing in the manner it considers appropriate.
2022, c.31, s.2
Virtual hearings
2022, c.31, s.2
11.2(1)It is permitted to use electronic means of communication in a hearing of the Board if it allows members of the panel and the parties to hear and speak to each other and allows the public to hear the members of the panel and the parties.
11.2(2)A member of the panel or a party who participates in a hearing in the manner referred to in subsection (1) shall be deemed to be present at the hearing.
2022, c.31, s.2
Powers under the Inquiries Act
12The Board has all the powers, privileges and immunities of a commissioner under the Inquiries Act and the procedural safeguards contained in the regulations under that Act apply to any appeals to the Board.
2001, c.A-14.3, s.12
Right to counsel
13A party to an appeal to the Board shall be given a full right to be heard and may be represented at the hearing by an agent or counsel.
2001, c.A-14.3, s.13
Orders and decisions
14(1)On disposition of an appeal, the Board shall give its decision in writing along with the reasons for its decision.
14(2)The Chair shall send a copy of the Board’s decision, including its reasons, by mail to all parties involved in an appeal and
(a) in the case of an appeal commenced under the Community Planning Act, to the Minister, or
(b) in the case of an appeal commenced under the Heritage Conservation Act, to the council of the local government.
14(3)All orders, rulings, decisions or documents made or issued by the Board shall be signed by the Chair.
2001, c.A-14.3, s.14; 2005, c.7, s.4; 2010, c.H-4.05, s.113; 2017, c.20, s.8
Office of the Board
15The office of the Board shall be in Fredericton.
2001, c.A-14.3, s.15
Seal of the Board
16The seal of the Board shall be in a form adopted by the Board and shall include the words “ASSESSMENT AND PLANNING APPEAL BOARD - NEW BRUNSWICK” and “COMMISSION D’APPEL EN MATIÈRE D’ÉVALUATION ET D’URBANISME - NOUVEAU-BRUNSWICK”.
2001, c.A-14.3, s.16
Regulations
17The Lieutenant-Governor in Council may make regulations
(a) establishing regions of the Board;
(b) respecting the practice and procedure of the Board;
(c) respecting the remuneration of members of the Board appointed under paragraph 2(1)(b) or subsection 2(1.1);
(d) respecting expenses for which members of the Board are entitled to be reimbursed;
(e) respecting duties and functions to be performed by the Board;
(f) conferring powers on the Board;
(g) generally for the better administration of this Act.
2001, c.A-14.3, s.17; 2022, c.31, s.2
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to May 15, 2024.