2017, c.20, s.114The following definitions apply in this Act. 1975, c.M-22.1, s.1; 2017, c.20, s.114
“existing travelled thoroughfare” includes a lane, alley or other way used by the public and not already vested in a municipality, but does not include a road, street or highway.(voie existante utilisée)
“municipality” means a local government as defined in subsection 1(1) of the Local Governance Act.(municipalité)
1975, c.M-22.1, s.2; 1977, c.M-11.1, s.20
The Lieutenant-Governor in Council, on application by a municipality, may by Order in Council vest in that municipality the easement rights to an existing travelled thoroughfare and up to 3 m on either or both sides of it, located in that municipality, for those municipal services that are prescribed in the Order.
On registration by the municipality of a certified copy of the Order in Council made under subsection (1) in the registry office established under the Registry Act for the county in which the existing travelled thoroughfare lies, the easement rights described in the Order become vested in the municipality for the municipal services that are prescribed in the Order and at which point all right and title of any person in the lands described cease to exist to the extent of the easement rights.
A notice of an Order in Council made under subsection (1) shall be published by a municipality once a week for four consecutive weeks and once a month for an additional two months, beginning not later than 21 days from the date of the Order,
(a) in The Royal Gazette, and
(b) in a newspaper having general circulation in the municipality in which the easement rights have been vested.
A notice mentioned in subsection (3) shall set out
(a) the fact of the vesting of the easement rights in the municipality,
(b) the name or other descriptive designation of the existing travelled thoroughfare in respect of which the easement rights have been vested, and
(c) the place where and the hours during which a copy of the Order in Council may be inspected by any interested person.
1975, c.M-22.1, s.3; 1985, c.4, s.47; 2023, c.17, s.166
A person who was the owner of the right and title in the lands described in the Order in Council mentioned in subsection 2(1) to the extent of the easement rights described may apply to the municipality for compensation, and that municipality shall consider the application without delay.
Any compensation to a person who has applied under subsection (1) shall be paid by the municipality in which the easement rights have been vested, if the compensation
(a) is approved by the Lieutenant-Governor in Council, or
(b) is determined by The Court of King’s Bench of New Brunswick or any judge of that court acting under Part 2 of the Expropriation Act, the provisions of which apply with the necessary modifications.
The Lieutenant-Governor in Council may prescribe the form and manner of an application to be made by a municipality under this Act. 1975, c.M-22.1, s.4
Repealed: 2017, c.20, s.114 2017, c.20, s.114Repealed: 2017, c.20, s.114 2005, c.7, s.50; 2017, c.20, s.114