Acts and Regulations

2011, c.109 - Air Space Act

Full text
Current to 1 January 2024
2011, c.109
Air Space Act
Deposited May 13, 2011
1The following definitions apply in this Act.
“air space parcel” means a volumetric parcel of air space, whether or not occupied in whole or in part by a building or other structure, created under section 3. (parcelle d’espace aérien)
“air space plan” means a plan that complies with the requirements of sections 4 and 5. (plan d’espace aérien)
“development officer” means a development officer under the Community Planning Act. (agent d’aménagement)
“Director of Surveys” means the Director of Surveys under the Surveys Act. (directeur de l’arpentage)
“geodetic elevation” Repealed: 2017, c.49, s.1
“orthometric height” means the elevation of a point above the geoid that is(altitude orthométrique)
(a) based on the Canadian Geodetic Vertical Datum of 2013 (CGVD2013), and
(b) derived from a benchmark approved by the Director of Surveys.
“registry office” means the registry office established under the Registry Act for the county in which the land affected is situated and “registrar” means the registrar of deeds of that county. (bureau de l’enregistrement) et (conservateur)
“surveyor” means a land surveyor registered under the New Brunswick Land Surveyors Act, 1986. (arpenteur)
1982, c.A-7.01, s.1; 1983, c.11, s.1; 2017, c.49, s.1
Air space as land
2Air space constitutes land and may be dealt with as land.
1982, c.A-7.01, s.2
Creation of air space parcel
3The owner of a freehold or leasehold estate may, by filing an air space plan in the registry office, create one or more air space parcels separated by surfaces.
1982, c.A-7.01, ss.4(1)
Requirements of air space plan
4An air space plan shall
(a) identify the parcel of land of which the air space parcel is part and shall indicate that the plan is a subdivision of the whole or part of that parcel of land,
(b) have its side boundary limits consist of vertical or inclined surfaces conforming to or lying within the boundaries of the parcel of land referred to in paragraph (a),
(c) have as its upper and lower limit a horizontal or inclined plane or arc of a circle, or combination of them,
(d) have noted on it the orthometric height of one corner of the ground surface of the parcel of land referred to in paragraph (a) and the orthometric height of every corner or angle of the air space parcel, and
(e) include
(i) a plot to scale of the parcel of land referred to in paragraph (a), and
(ii) a three-dimensional paraline drawing of the air space parcel contained between the planes or arcs, and, if the surfaces of the air space parcel are both horizontal and vertical the plan shall so state, otherwise all boundaries of the air space parcel shall be fully dimensioned for length and direction.
1982, c.A-7.01, ss.6(1); 2017, c.49, s.1
Filing of air space plan
5(1)An air space plan shall not be accepted by the registrar for filing unless
(a) it bears the certificate and seal of a surveyor certifying its correctness and compliance with section 4,
(b) it has been approved by a development officer as complying with paragraph 4(a), and
(c) it has been approved by the Director of Surveys.
5(2)If the land of which an air space parcel is part is affected by a subdivision by-law or subdivision regulation under the Community Planning Act, an air space plan in relation to the air space parcel shall not be accepted by the registrar for filing unless a development officer has certified that the requirements of subsection 79(3) or paragraph 125(11)(c) of the Community Planning Act have been met.
1982, c.A-7.01, s.5, ss.6(2); 1983, c.11, s.2; 2017, c.20, s.3
Conveyance of air space parcel
6(1)An air space parcel shall devolve and may be conveyed or otherwise dealt with in the same manner and form as other land.
6(2)A conveyance of an air space parcel does not convey an easement of any kind, or imply a covenant restrictive of use or a covenant to convey another portion of the transferor’s land.
6(3)Unless expressly conveyed, the title to the air space above the upper limits and below the lower limits of an air space parcel remains in the transferor.
1982, c.A-7.01, s.3, ss.4(2)
Assessment and taxation
7An air space parcel, if separately owned, constitutes real property for the purposes of assessment and taxation.
1982, c.A-7.01, s.7
2015, c.44, s.84
7.1Service New Brunswick is responsible for the administration of this Act.
2015, c.44, s.84
8The Director of Surveys may make regulations respecting the standards of survey and the content of an air space plan.
1982, c.A-7.01, s.8; 1983, c.11, s.3
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to January 1, 2018.