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Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1In this Act

“file” means file with the Registrar in the manner prescribed in section 2;(déposer)

“local authority” means a city, town, village or local service district, and includes the corporation of a city, town or village, and every board of police commissioners and other board, commission, committee, body or other authority established or exercising any powers or authority under any Act with respect to any of the affairs or purposes of a city, town, village or local service district;(autorité locale)

“Minister” means the Attorney General and includes persons designated by the Attorney General to act on behalf of the Attorney General;(Ministre)

“publish” means publish in the manner prescribed in section 4;(publier)

“Registrar” means the Registrar of Regulations and includes a person or persons designated by the Registrar to act on behalf of the Registrar; (registraire)

“regulation” means a regulation, rule, order, by-law or other instrument made under the authority of an Act of New Brunswick but does not include(règlement)

(a) a by-law or resolution of a local authority or of a corporation, body corporate or company incorporated or continued under the laws of New Brunswick,

(b) a regulation, rule, order, by-law or other instrument made under the authority of a private Act,

(c) a proclamation of the commencement of an Act or any provision of an Act, or an alteration to or revocation of a proclamation, or an order of the Lieutenant-Governor in Council under which a proclamation is issued, or an order of the Lieutenant-Governor in Council altering or revoking such order,

(d) a regulation, rule, order, by-law or other instrument made under the authority of an Act which excludes the application of this Act,

(e) a regulation, rule, order, by-law or other instrument of an administrative nature as distinguished from a legislative nature, or

(f) a regulation, rule, order, by-law or other instrument identified in accordance with the regulations.

1997, c.42, s.8

Filing of Regulation

2(1)A regulation shall be filed with the Registrar.

2(2)Filing of a certified copy of a regulation with the Registrar shall be deemed to be compliance with subsection (1).

Commencement of Regulation

3A regulation or any provision of a regulation comes into force on the day that it is filed with the Registrar unless

(a) a later day is specified in the regulation, or

(b) an earlier day is specified in the regulation and the Act under which the regulation is made authorizes the regulation to come into force on an earlier day.

Publication of Regulation

4(1)The Registrar shall, within one month after the filing of a regulation, publish the regulation in The Royal Gazette or in such other manner as the Lieutenant-Governor in Council directs.

4(2)The Minister may, by order, extend the time for publication of a regulation and a copy of the order shall be published with the regulation.

Changes by Registrar

5The Registrar may, before publication in accordance with section 4, make changes in a regulation respecting form, style, numbering and typographical, clerical or reference errors.

Repealed

6Repealed: 2005, c.Q-3.5, s.20

2005, c.Q-3.5, s.20

Publication by the Queen’s Printer

7Regulations required to be published by the Registrar shall be published by the Queen’s Printer.

2005, c.Q-3.5, s.20

Numbering of Regulations

8(1)A regulation filed under this Act shall be numbered by using the last two figures of the calendar year in which it is filed followed by a dash and the number denoting the order in which it is filed with the Registrar.

8(1.1)Notwithstanding subsection (1), a regulation filed under this Act after December 31, 1999, shall be numbered using the figures of the calendar year in which it is filed followed by a dash and the number denoting the order in which it is filed with the Registrar.

8(2)A regulation filed under this Act may be cited as “New Brunswick Regulation” or “N.B. Reg.” followed by the number assigned to the regulation under subsection (1) or (1.1) or by reference to its title.

1998, c.43, s.1

Evidence

9(1)Production of a regulation proved in the manner provided by the Evidence Act is prima facie proof of the filing of the regulation in accordance with this Act.

9(2)Proof of the filing of a regulation on a specified day may be made by a certificate purporting to be signed by the Registrar.

9(3)A document that purports to be a certificate of the Registrar under subsection (2) may be adduced in evidence before any court, judge, board or tribunal and when so adduced is prima facie proof of the statements contained in the certificate without proof of the appointment, signature or authority of the person purporting to have signed the certificate.

9(4)The Registrar shall not be obliged to attend a hearing in any court, before a judge or before a board or tribunal to prove that a regulation has been filed, or for other purpose, unless the court, judge or person presiding, or appointed to preside, over the board or tribunal, orders the attendance of the Registrar and a copy of the order is served with the summons to witness or document requiring the attendance of the Registrar.

Administration

10The Minister may designate persons to act on behalf of the Minister for the purposes of this Act and the regulations.

Appointment of Registrar

11(1)There shall be a Registrar of Regulations who shall be appointed by the Lieutenant-Governor in Council.

Duties of Registrar

11(2)The Registrar shall act under the instructions of the Minister and is responsible for the recording, numbering and indexing of all regulations filed with the Registrar and for the publication of regulations in accordance with this Act.

Designation by Registrar

11(3)The Registrar may designate in writing one or more persons to be the person or persons charged with the exercise of the powers and the performance of the duties of the Registrar under this Act and the regulations during the absence of the Registrar from the office.

11(4)A written designation under subsection (3) is effective for the period stated in the designation unless revoked by the Registrar before the expiration of the period and where no period has been stated, it shall be effective until revoked by the Registrar.

11(5)A written designation under subsection (3) may be made retroactive.

11(6)Proof of the making of a designation under subsection (3) may be made by a certificate purporting to be signed by the Registrar naming the person or persons designated in the designation and the period of time, if any, for which the designation was effective.

11(7)A document that purports to be a certificate of the Registrar under subsection (6) may be adduced in evidence before any court, judge, board or tribunal and when so adduced is prima facie proof of the statements contained in the certificate without proof of the appointment, signature or authority of the person purporting to have signed the certificate.

Regulations

12(1)The Lieutenant-Governor in Council may make regulations

(a) respecting the identification of regulations, rules, orders, by-laws and other instruments for the purposes of paragraph (f) of the definition “regulation” in section 1;

(b) respecting the powers and duties of the Registrar;

(c) respecting a system of indexing regulations;

(d) respecting the consolidation of regulations filed under this Act at such intervals or times as the Lieutenant-Governor in Council considers advisable;

(e) respecting supplements to the consolidation;

(f) respecting the examination of proposed regulations.

12(2)A regulation made under this Act may be made retroactive.

12(3)Publication of a regulation in a consolidation or supplement to a consolidation shall be deemed to be publication within the meaning of this Act.

Application of Act to Regulations Filed under Previous Act

13A regulation that

(a) was filed and published under the Regulations Act, chapter R-7 of the Revised Statutes, 1973,

(b) is in force on or after the commencement of this Act, and

(c) is a regulation as defined in this Act

shall be deemed to have been filed and published under this Act.

Proclamations

14A proclamation of the commencement of an Act or any provision of an Act, or an alteration to or revocation of a proclamation, or an order of the Lieutenant-Governor in Council under which a proclamation is issued, or an order of the Lieutenant-Governor in Council altering or revoking such order, shall be deemed to be valid notwithstanding that the proclamation, or alteration or revocation of the proclamation, or order was not filed as a regulation under the Regulations Act, chapter R-7 of the Revised Statutes, 1973.

Registrar Deemed Appointed under Act

15The person holding the office of Registrar of Regulations under the Regulations Act, chapter R-7 of the Revised Statutes, 1973, immediately before the commencement of this Act shall be deemed to be appointed under subsection 11(1).

Repeal

16The Regulations Act, chapter R-7 of the Revised Statutes, 1973, is repealed.

Commencement

17This Act or any provision of it, except section 14, comes into force on a day or days to be fixed by proclamation.

N.B. Sections 1-13, 15 and 16 of this Act were proclaimed and came into force September 1, 1991.

N.B. This Act is consolidated to September 1, 2011.

R-7.1 - Regulations Act

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