BILL 68

Assessment and Planning Appeal Board Act

Chapter Outline

Definitions 1

Board - Commission

Chairperson - président

Minister - Ministre

region - région

Vice-Chairperson - vice-président

Composition of the Board and appointments 2

Terms of office and revocation of appointments 3

Remuneration and expenses 4

Duties and functions of the Board 5

Panels of the Board 6

Duties of the Chairperson 7

Authorization of Vice-Chairperson to act as Chairperson 8

Alternate members 9

Hearing of appeal by less than a full panel 10

Hearings to be public 11

Powers under the Inquiries Act 12

Right to counsel 13

Orders and decisions 14

Office of the Board 15

Seal of the Board 16

Regulations 17

Transitional provisions 18-26

Commencement provision 27

 

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

Definitions

1 In this Act

"Board" means the Assessment and Planning Appeal Board established under this Act; («Commission»)

"Chairperson" means the Chairperson of the Board; («président»)

"Minister" means the Minister of the Environment and Local Government; («Ministre»)

"region" means a region of the Board established by regulation; («région»)

"Vice-Chairperson" means a Vice-Chairperson of the Board. («vice-président»)

Composition of the 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 Chairperson, 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(2) The Lieutenant-Governor in Council may appoint one or two Vice-Chairpersons to the Board

(a) neither of whom shall be a member of the Board appointed under paragraph (1)(b), and

(b) one 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 Chairperson, a Vice-Chairperson or other member of the Board if the person is employed within the Civil Service of the Province.

Terms of office and revocation of appointments

3(1) The Chairperson shall be appointed to the Board for a term not exceeding five years and may be reappointed.

3(2) A Vice-Chairperson 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.

Remuneration and expenses

4(1) The Lieutenant-Governor in Council shall determine the remuneration to be paid to the Chairperson and each Vice-Chairperson.

4(2) All other members of the Board shall be entitled to remuneration as established by regulation.

4(3) The Chairperson, each Vice-Chairperson and the other members of the Board shall be entitled to be reimbursed for expenses incurred by them while acting on behalf of the Board at a rate established by regulation.

Duties and functions 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 Municipal Heritage Preservation 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 Municipal Heritage Preservation 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.

Panels of the Board

6(1) Appeals to the Board shall be heard by a panel of the Board consisting of the Chairperson and the two members appointed from the region from which the appeal originates.

6(2) 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.

Duties of the Chairperson

7(1) The Chairperson shall preside at sittings of the Board and the Chairperson's opinion on a question of law raised during a hearing shall prevail.

7(2) The Chairperson shall determine the time and place of sittings of the Board.

Authorization of Vice-Chairperson to act as Chairperson

8(1) The Minister may authorize a Vice-Chairperson to act as Chairperson in the absence of the Chairperson or in the case of a vacancy and when so authorized, the Vice-Chairperson has all the powers and duties of the Chairperson.

8(2) The Chairperson may authorize a Vice-Chairperson to preside at a sitting or sittings of the Board and when so authorized, the Vice-Chairperson has all the powers and duties of the Chairperson.

Alternate members

9(1) The Lieutenant-Governor in Council may appoint an alternate member from each region to the Board.

9(2) If for any reason a member of the Board appointed under paragraph 2(1)(b) cannot act as a member, the alternate member from the same region shall act in place of the member.

Hearing of appeal by less than a full panel

10(1) If one or both of the members of a panel of the Board appointed under paragraph 2(1)(b) or an alternate member appointed under section 9 fails to attend at the hearing of an appeal, the appeal may be heard, if the parties agree,

(a) by one member of the panel and the Chairperson, or

(b) by the Chairperson.

10(2) When an appeal is heard in accordance with paragraph (1)(a), the Chairperson shall have the deciding vote in the event of a tie on any matter decided during the hearing.

Hearings to be public

11 All hearings before the Board shall be held in public.

Powers under the Inquiries Act

12 The 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.

Right to counsel

13 A 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.

Orders and decisions

14(1) Upon disposition of an appeal, the Board shall give its decision in writing along with the reasons for its decision.

14(2) The Chairperson 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 Municipal Heritage Preservation Act, to the council of the municipality.

14(3) All orders, rulings, decisions or documents made or issued by the Board shall be signed by the Chairperson.

Office of the Board

15 The office of the Board shall be in Fredericton.

Seal of the Board

16 The 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".

Regulations

17 The Lieutenant-Governor in Council may make regulations

(a) establishing regions of the Board;

(b) respecting the practice and procedure of the Board;

(c) respecting remuneration of members of the Board appointed under paragraph 2(1)(b) or subsection 9(1);

(d) respecting expenses to 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.

Transitional provisions

18 The following boards are abolished on the commencement of this Act:

(a) the Regional Assessment Review Boards established under the Assessment Act; and

(b) the Provincial Planning Appeal Board established under the Community Planning Act.

19 All appointments or designations of persons as Chairpersons, Chairmen, Vice-Chairpersons, Vice-Chairmen, alternate Chairpersons, alternate Chairmen or as members or alternate members of the boards abolished under section 18 are revoked.

20 All contracts, agreements and orders relating to allowances, fees, salaries, expenses, compensation and remuneration to be paid to the Chairpersons, Chairmen, Vice-Chairpersons, Vice-Chairmen, alternate Chairpersons, alternate Chairmen or members or alternate members of the boards abolished under section 18 are null and void.

21 Notwithstanding the provisions of any contract, agreement or order, no allowance, fee, salary, expenses, compensation or remuneration shall be paid to the Chairpersons, Chairmen, Vice-Chairpersons, Vice-Chairmen, alternate Chairpersons, alternate Chairmen or members or alternate members of the boards abolished under section 18.

22 No action, application or other proceeding lies or shall be instituted against the Minister or the Crown in right of the Province as a result of the abolition of the boards under section 18 or the revocation of appointments or designations under section 19.

23 Any order, ruling or decision of the boards abolished under section 18 that is valid and of full force and effect immediately before the commencement of this Act continues to be valid and of full force and effect, notwithstanding the abolition of the board, and shall be deemed to be an order, ruling or decision of the Board.

24(1) The Board shall deal with and complete an appeal that was before a board abolished under section 18 if the appeal's hearing was not completed by the respective board abolished under section 18 before the commencement of this Act.

24(2) For the purpose of dealing with an appeal under subsection (1), the Chairperson may authorize the Board to commence again, rehear and decide an appeal that was before a board abolished under section 18.

24(3) For the purpose of subsection (1), an appeal is before a board abolished under section 18 if, before the commencement of this Act,

(a) a notice of appeal was served in accordance with subsection 29(1) of the Assessment Act, or

(b) a Notice of Appeal was filed in accordance with subsection 3(1) of New Brunswick Regulation 84-59 under the Community Planning Act.

25(1) Notwithstanding sections 18 and 19, a board abolished under section 18 shall deal with and decide an appeal if the appeal's hearing was completed before the commencement of this Act.

25(2) When an appeal is dealt with by a board under subsection (1), it shall render its decision within 90 days after the commencement of this Act.

25(3) If a board dealing with an appeal under subsection (1) has not rendered its decision within 90 days after the commencement of this Act, the Chairperson may direct that the appeal be dealt with by the Board under section 24.

25(4) An appeal dealt with and decided by a board under subsection (1) shall be dealt with in accordance with the law as it existed immediately before the commencement of this Act and as if the board had not been abolished.

25(5) An order, ruling or decision of a board made in accordance with subsection (1) shall be deemed to be an order, ruling or decision of the Board.

25(6) Notwithstanding sections 20 and 21, if a board deals with an appeal under subsection (1), the members of that board shall be compensated for dealing with the appeal in accordance with the law as it existed immediately before the commencement of this Act and as if the board had not been abolished.

26 Where in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document, reference is made to the following boards, it shall be read, unless the context otherwise requires, as a reference to the Assessment and Planning Appeal Board:

(a) a Regional Assessment Review Board under the Assessment Act; and

(b) the Provincial Planning Appeal Board under the Community Planning Act.

Commencement provision

27 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.