Can a property owner with a multi-use building whose property is a non-conforming use, move his tenants about the building without PAC approval?
New Brunswick, Canada
The following excerpt is from Beacon Hill Investments Inc. v. Rudolph et al., 1997 NBAPAB 7 (CanLII):
34. We reject the appellant's submission that a property owner with a multi-use building whose property is a non-conforming use can move his tenants about the building without PAC approval provided he makes no structural changes. We find that the uses can only he moved within the building by extending them in accordance with section 40(3) of the Act. In this case, the result would be that the number of non-conforming uses would be decreased from 5 to 4 or fewer. This is consistent with the goal of eliminating non-conforming uses over time and is how these sections of the Act accomplish that goal. See Rickard v. Provincial Planning Appeal Board and Saulnier, [1997] Lawpost N.B.C. No. 4032.
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