Acts and Regulations

2011, c.205 - Postal Services Interruption Act

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Current to 1 January 2024
2011, c.205
Postal Services Interruption Act
Deposited May 13, 2011
Definition of “Court”
1In this Act, “Court” means The Court of King’s Bench of New Brunswick.
1983, c.P-9.31, s.1; 2023, c.17, s.200
Application to Court
2When an interruption of normal postal services in the Province of more than 48 hours duration, however caused, has resulted in a person suffering loss or hardship by reason of the person’s failure to comply with a time requirement or a period of limitation contained in an Act or regulation of the Province, on 14 days’ notice in writing to the Deputy Attorney General and to any other person who that person has reason to believe may be affected by an order made under section 3, the person may apply to the Court for relief under that section.
1983, c.P-9.31, s.2; 2012, c.39, s.113
Order by Court
3(1)On application under section 2, the Court may make an order in accordance with subsection (2) if the Court is satisfied that
(a) the applicant has suffered loss or hardship as a result of an interruption described in section 2,
(b) the applicant took those reasonable steps that were open to the applicant to comply with the time requirement or period of limitation without avail, and
(c) the application was made without undue delay.
3(2)After affording to any person who may be affected by an order made under this section an opportunity to be heard on the application or to make representations in connection with it, and subject to any conditions that the Court considers just, the Court may make any of the following orders:
(a) an order waiving the time requirement or period of limitation in relation to the applicant and fixing another time requirement or period of limitation that in the opinion of the Court is warranted in the circumstances; and
(b) any further order that is necessary to permit the applicant effectively to do anything or exercise any right that the applicant would have been able to do or exercise if the applicant had not failed to comply with the time requirement or period of limitation, including, if the time requirement or period of limitation with which the applicant failed to comply relates to the commencement or carrying on of a proceeding authorized or provided for under an Act or regulation of the Province, the order that the Court considers necessary to enable the proceeding to be commenced and continued or to be carried on as though the applicant had not failed to comply with that time requirement or period of limitation.
1983, c.P-9.31, s.3
Public notice of hearing
4(1)If the Court is of the opinion that public notice of the hearing of the application should be given so that it may be brought to the attention of any person who may be affected by an order made under section 3, the Court, at any time before disposing of the application, may direct the applicant to give public notice of the hearing in the form and manner that the Court considers fit.
4(2)If the Court has directed under subsection (1) that public notice of the hearing of the application be given, the Court, at any time, may give those further directions that the Court considers necessary or desirable so that any person to whose attention the notice is intended to be brought may be afforded an opportunity to be heard on the application or to make representations in connection with it.
1983, c.P-9.31, s.4
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to June 16, 2023.