The following definitions apply in this Act. 1991, c.R-7.1, s.1; 1997, c.42, s.8; 2017, c.20, s.164; 2019, c.20, s.12; 2021, c.44, s.53
“file” means file with the Registrar in the manner prescribed in section 2. (déposer)
“local authority” means a local government or rural district and includes every board of police commissioners and other board, commission, committee, body or other authority established or exercising any powers or authority under an Act with respect to any of the affairs or purposes of a local government or rural district. (autorité locale)
“Minister” means the Attorney General and includes any person designated by the Attorney General to act on the Attorney General’s behalf. (ministre)
“publish” Repealed: 2019, c.20, s.12
“Registrar” means the Registrar of Regulations and includes any person designated by the Registrar to act on the Registrar’s behalf. (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.
1991, c.R-7.1, s.2
A regulation shall be filed with the Registrar.
Filing of a certified copy of a regulation with the Registrar shall be deemed to be compliance with subsection (1).
A regulation or any provision of a regulation comes into force on the day that it is filed with the Registrar unless 1991, c.R-7.1, s.3
(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.
As soon as the circumstances permit after the filing of a regulation, the King’s Printer shall publish the regulation in accordance with subsection 3(2) of the King’s Printer Act. 1991, c.R-7.1, s.4; 2019, c.20, s.12; 2023, c.17, s.241
Before publication in accordance with section 4, the Registrar may make changes in a regulation respecting form, style, numbering and typographical, clerical or reference errors. 1991, c.R-7.1, s.5
Repealed: 2019, c.20, s.12 2019, c.20, s.12Repealed: 2019, c.20, s.12 1991, c.R-7.1, s.7; 2005, c.Q-3.5, s.20; 2019, c.20, s.12
1991, c.R-7.1, s.8; 1998, c.43, s.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 hyphen and the number denoting the order in which it is filed with the Registrar.
Despite subsection (1), a regulation filed under this Act on or after January 1, 2000, shall be numbered using the figures of the calendar year in which it is filed followed by a hyphen and the number denoting the order in which it is filed with the Registrar.
1991, c.R-7.1, s.9
Production of a regulation proved in the manner provided by the Evidence Act is proof, in the absence of evidence to the contrary, of the filing of the regulation in accordance with this Act.
Proof of the filing of a regulation on a specified day may be made by a certificate purporting to be signed by the Registrar.
A document that purports to be a certificate of the Registrar under subsection (2) may be adduced in evidence before a court, judge, board or tribunal and when so adduced is proof, in the absence of evidence to the contrary, of the statements contained in the certificate without proof of the appointment, authority or signature of the person purporting to have signed the certificate.
The Registrar shall not be obliged to attend a hearing in a 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.
1991, c.R-7.1, s.11; 2019, c.20, s.12; 2022, c.21, s.11
There shall be a Registrar of Regulations who shall be appointed by the Minister.
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.
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.
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 if no period has been stated, it shall be effective until revoked by the Registrar.
A written designation under subsection (3) may be made retroactive.
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.
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 proof, in the absence of evidence to the contrary, of the statements contained in the certificate without proof of the appointment, authority or signature of the person purporting to have signed the certificate.
The Minister may designate one or more persons to act on the Minister’s behalf for the purposes of this Act and the regulations. 1991, c.R-7.1, s.10
1991, c.R-7.1, s.12
The Lieutenant-Governor in Council may make regulations
(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 the intervals or times that the Lieutenant-Governor in Council considers advisable;
(e) respecting supplements to the consolidation;
(f) respecting the examination of proposed regulations.
A regulation made under this Act may be made retroactive.
Publication of a regulation in a consolidation or supplement to a consolidation shall be deemed to be publication within the meaning of this Act.
A regulation that satisfies the following conditions shall be deemed to have been filed and published under this Act: 1991, c.R-7.1, s.13
(a) the regulation was filed and published under the Regulations Act, chapter R-7 of the Revised Statutes, 1973;
(b) the regulation is in force on or after September 1, 1991; and
(c) the regulation is a regulation as defined in this Act.
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, shall be deemed to be valid despite 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. 1991, c.R-7.1, s.14