BILL 42

An Act to Amend the Municipalities Act

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

1 Section 190.01 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is amended

(a)  in subsection (1) of the French version in the portion preceding paragraph a) by striking out “qu’il possède” and substituting “qui lui appartiennent”;

(b)  by adding after subsection (1) the following:

190.01(1.1) No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of being vacant or unoccupied.

(c)  in subsection (2) of the French version by striking out “qu’il possède ou occupe” and substituting “qui lui appartiennent ou qu’il occupe”;

(d)  in subsection (2.1) by striking out “subsection (2)” and substituting “subsection (1.1) or (2)”;

(e)  in subsection (3)

(i) in the portion preceding paragraph (a) by striking out “subsection (1) or (2)” and substituting “subsection (1), (1.1) or (2)”;

(ii) in paragraph (c) by striking out “subsection (1) or (2)” and substituting “subsection (1), (1.1) or (2)”.

2 Section 190.021 of the Act is amended

(a)  by adding after subsection (3) the following:

190.021(3.1) On an appeal with respect to a notice under section 190.011 arising out of a condition mentioned in subsection 190.01(1.1), the municipality that gave the notice shall have the burden of proving that the building or structure has become a hazard to the safety of the public by reason of being vacant or unoccupied.

(b)  in subsection (6)

(i) in paragraph (a) by striking out “or” at the end of the paragraph;

(ii) by repealing paragraph (b) and substituting the following:

(b)  with respect to a condition mentioned in subsection 190.01(1) or (2), the decision is patently unreasonable, or

(iii) by adding after subsection (b) the following:

(c)  with respect to a condition mentioned in subsection 190.01(1.1), the decision is unreasonable.

3 Section 190.04 of the Act is amended

(a)  in subsection (1)

(i) in paragraph (a) by striking out “or” at the end of the paragraph;

(ii) by adding after paragraph (a) the following:

(a.1)  if the notice arises out of a condition existing contrary to subsection 190.01(1.1), cause the building or structure of that owner or occupier to be repaired or demolished, or

(b)  in subsection (2) by striking out “or demolish the building” and substituting “or repair or demolish the building”.