6(1)If doubt exists as to the location of any boundary of a parcel, a person or authority referred to in subsection (2) may make an application in the prescribed form to the Registrar General to confirm the location of the boundary.

6(2)Subject to subsection (3), an application respecting a parcel may be made under subsection (1) by

6(3)A Minister appointed under the Executive Council Act, the council of a local government or any other authority having jurisdiction over a public highway may apply to the Registrar General, in the prescribed form, to confirm the location of a boundary of a public highway over which the Minister, council or other authority has jurisdiction.

6(4)If more than one person or authority referred to in subsection (2) or (3) agrees as to the location of all boundaries to be confirmed, they may make a joint application under this section.

7(1)An application under section 6 shall be accompanied by

7(2)The Registrar General may at any time require an applicant to furnish such additional information, plan of survey or other material as the Registrar General specifies.

7(3)If of the opinion that issues raised in an application relate to matters other than or in addition to the location of any boundary of a parcel, the Registrar General may, at any time,

7(4)If refusing to proceed under subsection (3), the Registrar General shall give written notice, with reasons, to all parties to the proceeding and to any other persons the Registrar General considers appropriate in the circumstances.

8(1)The Registrar General may initiate a proceeding under this Act respecting the boundary or boundaries of a parcel even though no application has been made under section 6 respecting the boundary or boundaries and may engage a surveyor to make a survey and plan of survey of the parcel or of boundaries.

8(2)At any time before sending a notice under subsection 9(2), the Registrar General may, if satisfied by the results of a proceeding under subsection (1) that no boundary should be confirmed, terminate the proceeding without confirming any boundary.

9(1)An applicant shall give notice of the application in accordance with subsection (3) and otherwise in the form and manner, within the time period and to the persons considered appropriate by the Registrar General in the circumstances.

9(2)The Registrar General shall, if the Registrar General considers it appropriate, cause a notice of a proceeding initiated under section 8 to be given in accordance with subsection (3) and otherwise in the form and manner, within the time period and to the persons considered appropriate by the Registrar General in the circumstances.

9(3)A notice given under subsection (1) or (2) shall

10(1)A person who wishes to object to the confirmation of a boundary as shown on the plan of survey shall deliver to the Registrar General by personal service, registered mail or courier service before the deadline stipulated in the notice sent under subsection 9(1) or (2), a written statement setting out the reasons for and any grounds and arguments in relation to the objection.

10(2)If a written statement of objection is delivered before the deadline in accordance with subsection (1), the Registrar General shall hold a hearing to determine the validity of the objection and, if applicable, the validity of the applicant’s claim that the boundaries lie as shown on the plan of survey.

10(3)If no written statement of objection is delivered before the deadline in accordance with subsection (1), the Registrar General may

10(4)Any applicant, any person who delivers a statement of objection under subsection (1) and such other persons as the Registrar General specifies are parties to a hearing held under this section.

10(5)The Registrar General shall cause a notice of hearing to be given, in accordance with subsection (6), to the parties and to such other persons as the Registrar General specifies.

10(6)A notice given under subsection (5) shall specify the date, time and place of the hearing, shall contain a description of the reasons for the making of the application or the initiating of the proceeding, as the case may be, shall set out any grounds and arguments in relation to it, shall describe the reasons and set out the grounds and arguments contained in any objections received and shall otherwise be given in accordance with the regulations.

11(1)The Registrar General, on the application of a party or by personal initiative, may issue a summons to witness to compel the attendance of witnesses and the production of any information, plan of survey or other material that the Registrar General considers relevant in determining the boundary or boundaries in question at a hearing under section 10.

11(2)The Registrar General, at a hearing under section 10, may administer oaths and affirmations and may require evidence to be given under oath or affirmation.

11(3)If a person to whom a summons to witness is issued under subsection (1) fails to attend or to produce any required information, plan of survey or other material or if a witness refuses to take an oath or affirmation or to answer questions in a proceeding, the Registrar General may initiate contempt proceedings in the Court of King’s Bench.

11(4)Oral evidence taken at a hearing before the Registrar General shall be recorded, and a copy of the recording shall be provided to any party who requests it, in accordance with the regulations, on payment of the prescribed fee.

12(1)After conducting a hearing under section 10, the Registrar General may dispose of any objections that have been made in the manner the Registrar General considers appropriate and equitable in the circumstances and may

12(2)The Registrar General shall cause a copy of an order made under subsection (1) to be given to the parties to the proceeding and to such other persons as the Registrar General specifies.

13(1)A refusal by the Registrar General under subsection 7(3) to proceed or a decision by the Registrar General under subsection 8(2) to terminate a proceeding is final and no right of appeal exists.

13(2)An order of the Registrar General under section 12 is final and binding on, and there is no right of appeal for, a party who has agreed in writing to be bound by an order of the Registrar General.

13(3)Subject to subsection (2), a party to a proceeding who is not satisfied by an order of the Registrar General under section 12 may appeal the order to the Court of King’s Bench in accordance with subsection (4) and with the regulations.

13(4)Notice of an appeal under subsection (3) from an order of the Registrar General shall be filed by the appellant with the Court of King’s Bench, and a copy of the notice shall be served on the Registrar General and on the other parties to the proceeding within 30 days after the date on which the Registrar General made the order.

13(5)On an appeal under subsection (3) the Court of King’s Bench may by order confirm the order of the Registrar General or direct that the plan of survey to which the appeal relates be amended or a new plan of survey be made in such manner as the Court may specify.

13(6)If a plan of survey is amended or a new plan is made under subsection (5), the location of the boundary or boundaries in question as shown on the amended or the new plan shall be confirmed.

13(7)There is a right of appeal from a decision of the Court of King’s Bench to the Court of Appeal on any point of law raised on the hearing of the appeal, and the rules governing appeals to that Court from a decision of the Court of King’s Bench apply to appeals under this subsection.

14(1)If the Registrar General has confirmed the location of a boundary or boundaries under section 12, all appeal periods have expired and no notice of appeal has been filed, or if an appeal has been finally disposed of and the court hearing the appeal has confirmed an order made by the Registrar General under paragraph 12(1)(a) or (b) or otherwise confirmed the location of the boundary or boundaries in question, the Registrar General shall certify the confirmation of the location of the boundary or boundaries in question as shown on a plan of survey and as confirmed by the Registrar General or the court, as the case may be.

14(2)A certification in accordance with subsection (1) is conclusive proof that the application and every notice, proceeding or act that ought to have been made, given or done has been made, given or done in accordance with this Act.

15(1)The Registrar General shall cause a plan of survey showing the location of a boundary or boundaries as confirmed and certified under this Act to be filed in accordance with the regulations and with the Registry Act or the Land Titles Act, as the case may be.

15(2)On the filing of a plan of survey under subsection (1),

16(1)Subject to subsection (3), the Registrar General may, on receiving satisfactory evidence, order that a corrected plan of survey be made in order to correct any inconsistency, error or omission in a plan of survey that has been filed under subsection 15(1).

16(2)The Registrar General may give such notice to interested parties as the Registrar General considers appropriate before making an order under subsection (1) or may make the order without giving notice.

16(3)A correction under this section shall not affect the location of a boundary that has been confirmed and certified under this Act.

16(4)The Registrar General shall cause a corrected plan of survey made under subsection (1) to be filed in accordance with the regulations and with the Registry Act or the Land Titles Act, as the case may be.

16(5)Subsection 15(2) applies with the necessary modifications to a corrected plan of survey filed under subsection (4).

16(6)When a corrected plan of survey is filed under subsection (4), the Registrar General shall cause a notation to be made on the plan of survey filed under subsection 15(1) to which the corrected plan relates, to the effect that it is superseded by the corrected plan.

18(1)There is established a fund called the Boundaries Confirmation Fund for the purposes of payment, if the Registrar General so orders, of the fees, costs, charges and expenses in relation to this Act, including fees, costs, charges and expenses of administration within Service New Brunswick, the conduct of surveys, the preparation of plans of survey, the making of applications, the calling of witnesses, the conduct of hearings and other proceedings under this Act and the filing of plans of survey.

18(2)Service New Brunswick shall be the custodian of the Fund and the Fund shall be held in trust by Service New Brunswick.

18(3)Service New Brunswick may keep the money belonging to the Fund in its general operating account.

18(4)Payments for the purposes of subsection (1) shall be a charge on and payable out of the Fund.

18(5)Subject to subsections (1), (2), (3) and (4), the Fund shall be created, funded, invested, audited, expended and otherwise administered in accordance with the regulations.

19(1)The Registrar General, if of the opinion that the fees prescribed under this Act are excessive having regard to all the circumstances, may reduce the fees to the amount the Registrar General considers appropriate.

19(2)The Registrar General, if reducing fees under subsection (1), may order that the difference between the amount paid and the amount prescribed as payable be recovered from the Fund.

20(1)Subject to subsection (2), all costs, charges or expenses of and incidental to an application under this Act, including costs of administration within Service New Brunswick, shall be the liability of and paid by the applicant or, if there are two or more applicants, shall be the joint and several liability of and shall be paid by those applicants.

20(2)The Registrar General, if considering it to be appropriate in the circumstances, may order that any or all costs, charges and expenses incurred or payable in relation to any proceeding under this Act, including a proceeding initiated by the Registrar General under section 8 and including costs of administration within Service New Brunswick, be paid in whole or in part by or to any party to the proceeding or be paid in whole or in part from the Fund.