BERNARD RICHARD SAYS THAT TREVOR HOLDER DID NOTHING WRONG!!!!

bernard, originally uploaded by Oldmaison.

I'm certain that the Irvings will reward Trevor very good after he gets defeated after the next provincial election!!!!



Dear Mr. Leblanc,



Further to your complaint to the Office of the Ombudsman with respect to the ministerial approval of a third rock quarry in the Gayton area, I wish to advise you that this office has now concluded its investigation into the matter. The investigation was initiated to determine if administrative policies and procedures were followed and to address concerns raised by you at this office.

This office obtained and reviewed a copy of the Community Planning Act and a relevant regulation under the Act, Regulation 97-139 Beaubassin Planning District Order. A summary of the relevant provisions with respect to recommendations made by the Beaubassin Planning Commission to the Minister of Environment under the Community Planning Act are outlined as follows:





77(2.1) The Minister may make regulations respecting rural plans for unincorporated areas.



77(2.8) Notwithstanding any other provision in this Act, the Minister shall not make a regulation under subsection (2.1) until after the fourteen days referred to in subsection (2.9) and, if written objections are submitted under subsection (2.9), the written objections are considered.





77(11) Before recommending or making a regulation under this section, the Minister shall



(a) if the regulation would have effect in a planning district, request the commission to give its views on the regulation,



(b) if the regulation is to be made under subsection (2.1) and would have effect in a local service district that has an advisory committee, request the advisory committee to give its views on the regulation





To obtain additional information about the policy and procedure for approving rezoning in the Gayton area and the development of a third rock quarry under the Community Planning Act, we spoke with officials from the Community Planning Section of the Department of Environment. After speaking with officials, the following information was confirmed and added to your file. According to section 77(2.1) of the Community Planning Act, the Minister of Environment is empowered to make regulations concerning development in the Gayton community as it is an unincorporated area. The approval of a third rock quarry involved an amendment to the Rural Plan and its zoning provisions, accomplished by the Minister making a regulation to amend the original plan as outlined in sections 76.1 and 77(2.1). Before the Minister is permitted to make this type of regulation, based on Section 77(2.8) of the Community Planning Act, he must undertake a public consultation allowing citizens to express their agreement or opposition to the regulation. The Act also requires the Minister under section 77(11) to consider the opinion of the Beaubassin Planning Commission. Although the Minister of Environment is not permitted to make a decision before consulting the public and considering the recommendation of the Planning Commission, the final decision is his responsibility.



After reviewing section 77(11) of the Community Planning Act and speaking with officials at the Department of Environment, it was confirmed that the Minister is authorized to make the final assessment and pronouncement concerning regulations affecting the Gayton area. The Community Planning Act empowers the Minister, based on section 77(11), to accept or reject recommendations from the Planning Commission concerning regulations such as the rezoning of Gayton. Based on our findings from the investigation, this office is satisfied that the policy and procedures outlined in the Community Planning Act and Regulation 97-139 Beaubassin Planning District Order have been respected by the Minister of Environment. In conclusion, this office was unable to find that the Minister of Environment made an administrative error by approving the regulation to amend the rural plan.



As well, since the decision complained of is that of a cabinet minister, I am not allowed under my own legislation (s.11 of the Ombudsman Act) to review the substance of that decision, only the procedure. Appeals on land development decisions, made under the Community Planning Act and its by-laws and regulations, may be made by any person to the New Brunswick Assessment and Planning Appeal Board. The basis and procedures to do so are described within the Provincial Planning Appeal Board Regulation under the Community Planning Act, as well as, section 86 of the same act (see copies attached).



Under these circumstances, your file at this Office is now closed. I truly regret that I am unable to provide you with a more favorable response in this matter.



Yours truly,





Bernard Richard

Ombudsman