Part 4 — General Inspections and Orders
63 Recovery of expenses
(a) "clerk" means
(i) the chief administrative officer in the case of a city,
town, village, summer village or municipal district,
(ii) the settlement administrator, in the case of a Metis
settlement,
(iii) the Deputy Minister of the Minister responsible for the
Municipal Government Act, in the case of an
improvement district, or
(iv) the Deputy Minister of the Minister responsible for the
Special Areas Act, in the case of a special area;
(b) "expenses" includes legal fees and expenses.
(2) Repealed 2020 c5 s7.
RSA 2000
(3) The expenses incurred by a regional health authority in
carrying out an order under section 62.1 constitute a debt owing to
the regional health authority from the person to whom the order is
directed.
(4) Where a regional health authority carries out an order under
section 62.1 and the person to whom the order is directed fails,
within 60 days after a demand for payment, to pay the expenses
incurred by the regional health authority, the secretary of the
regional health authority may transmit to the clerk of the
municipality in which the land concerned is located a statement
setting out
(a) the amount of the expenses,
(b) the name of the registered owner of the land to which the
order relates, and
(c) the location of the land to which the order relates.
(5) On receipt of a statement under subsection (4), the
municipality shall place the amount of the expenses incurred in
carrying out the order on the tax roll as an additional tax against the
land concerned and that amount
(a) forms a lien on the land in favour of the municipality, and
(b) is, for all purposes, deemed to be taxes imposed and
assessed on land and in arrears under the Municipal
Government Act from the date the amount was placed on the
tax roll, and that Act applies to the enforcement, collection
and recovery of the amount.
(6) Subsection (5) does not apply to a Metis settlement.
(7) Any amount collected by the municipality by virtue of
subsection (5) shall be paid to the regional health authority.
(8) Where an amount recovered under this section by a regional
health authority from a person other than the registered owner of
the land to which the order relates is, as between that person and
the registered owner, the responsibility of the registered owner, that
person is entitled to recover the amount from the registered owner
or to deduct the amount from any other amount due from that
person to the registered owner.
(9) Where an amount recovered under this section by a regional
health authority from the registered owner of land is, as between
the registered owner and another person, the responsibility of that
other person, the registered owner is entitled to recover the amount
RSA 2000
from that other person or to deduct the amount from any other
amount due from the registered owner to that other person.
RSA 2000 cP-37 s63;2020 c5 s7;2021 c15 s30