Acts and Regulations

P-9.31 - Postal Services Interruption Act

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Repealed on 1 September 2011
CHAPTER P-9.31
Postal Services Interruption Act
Assented to June 15, 1983
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Repealed: R.S.N.B. 2011, Schedule A
Definitions
1In this Act
“Court” means The Court of Queen’s Bench of New Brunswick.(Cour)
Application to Court
2Where, as a result of any interruption of normal postal services in the Province of more than forty-eight hours duration however caused, a person has suffered loss or hardship by reason of his failure to comply with any time requirement or period of limitation contained in any Act or regulation of the Province, he may, on fourteen days notice in writing to the Deputy Attorney General and to any other person who he has reason to believe may be affected by any order made pursuant to section 3, apply to the Court for relief under that section.
Order by the Court
3Where an application has been made under section 2, if the Court is satisfied
(a) that the applicant has suffered loss or hardship as a result of any interruption described in that section,
(b) that the applicant took such reasonable steps as were open to him to comply with the time requirement or period of limitation without avail, and
(c) that the application was made without undue delay,
the Court may, after affording to any person who may be affected by any order made pursuant to this section an opportunity to be heard on the application or to make representations in connection therewith, and subject to such conditions, if any, as to the Court seem just,
(d) make an order waiving the time requirement or period of limitation in relation to the applicant and fixing such other time requirement or period of limitation in relation thereto as in the opinion of the Court the circumstances warrant, and
(e) make such further order as is necessary to permit the applicant effectively to do anything or exercise any right that he would have been able to do or exercise if he had not failed to comply with the time requirement or period of limitation, including, where the time requirement or period of limitation with which the applicant failed to comply relates to the commencement or carrying on of any proceeding authorized or provided for under any Act or regulation of the Province, such order as 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.
Public notice of hearing
4(1)Where the Court is of the opinion that public notice of the hearing of the application should be given in order that it may be brought to the attention of any person who may be affected by any order made pursuant to section 3, the Court may, at any time before disposing of the application, direct the applicant to give public notice of the hearing in such form and manner as the Court considers fit.
4(2)Where pursuant to subsection (1) the Court has directed that public notice of the hearing of an application be given, the Court may from time to time thereafter give such further directions as the Court considers necessary or desirable in order 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 therewith.
N.B. This Act is consolidated to September 1, 2011.