Acts and Regulations

82-218 - General

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Current to 16 June 2023
NEW BRUNSWICK
REGULATION 82-218
under the
The Residential Tenancies Act
(O.C. 82-942)
Filed November 19, 1982
Under section 29 of The Residential Tenancies Act, the Lieutenant-Governor in Council makes the following Regula­tion:
1This Regulation may be cited as the General Regulation - The Residential Tenancies Act.
2In this Regulation
“Act” means the The Residential Tenancies Act.(Loi)
3Repealed: 83-109
83-109
4(1)A tenant who is served with a notice under subsection 5(1) of the Act that contains a complaint relating to the conduct of the tenant or other persons on the premises with the tenant’s consent shall comply immediately with the ten­ant’s obligations.
4(2)A tenant who is served with a notice under subsection 5(1) of the Act that contains a complaint other than one referred to in subsection (1) shall comply with the tenant’s obligations within seven days after receipt of the notice.
88-241
4.1A notice to quit under subsection 5(4) or 5.1(3) of the Act shall be in Form 4.
2010-47; 2023, c.27, s.17
5Repealed: 83-109
83-109
6The time for compliance by a landlord under subsection 6(2) of the Act is seven days.
83-109
7Repealed: 2023, c.27, s.17
2017-41; 2023, c.27, s.17
8Repealed: 2010-47
2010-47
9An application by a tenant under subsection 8(9) of the Act shall be in Form 5.
9.1(1)Subject to subsections (2) and (2.1), the rate of the residential tenancy administration fee is 0.05%.
9.1(2)For the year 2010, the rate to be used in subsection (1) shall be the rate determined under subsection 5.01(2) of the Real Property Tax Act.
9.1(2.1)For the year 2011 and every subsequent year, the rate to be used in subsection (1) is 0.0486%.
9.1(3)Repealed: 2010, c.35, s.7
92-170; 2009, c.15, s.8; 2010, c.35, s.7
10Repealed: 2023, c.27, s.17
93-146; 2010-47; 2023, c.27, s.17
11A notice under subsection 13(4) of the Act of a request for consent to assign any right or rights under a lease shall be in Form 7.
11.1For the purposes of section 11.1 of the Act, the landlord shall not increase the rent unless the landlord gives the tenant six months notice.
82-103; 2021, c.37, s.7; 2023, c.27, s.17
12A notice of transfer by a landlord under subsection 13(8) of the Act shall be in Form 8.
12.1The amount for the value of chattels for the purposes of subsections 15(1.3), (3) and (4) of the Act is $500.
2023, c.27, s.17
13Repealed: 2023, c.27, s.17
2017-41; 2023, c.27, s.17
14(1)For the purposes of subsection 15(5) of the Act, a sale of chattels by either public auction or private sale shall be in a commercially reasonable manner.
14(2)Where a sale by a residential tenancies officer is by public auction, the residential tenancies officer shall
(a) serve on the landlord and the tenant at least ten days before the sale date a notice of the sale, and
(b) publish a description of the chattels in a newspaper having general circulation in the place where the premises are located.
14(3)Where a sale by a residential tenancies officer is by private sale, the residential tenancies officer shall serve on the landlord and the tenant at least ten days before the sale date a notice of the sale.
2017-41
14.1If the rent was given in the form of a cheque or other negotiable instrument that was subsequently dishonoured and a late payment fee may be charged by the landlord under section 19.1 of the Act, the amount of the late payment fee is the amount of the NSF (not sufficient funds) charges
(a) that were charged by a financial institution to the landlord as a result of the dishonouring of the instrument, and
(b) that are proved by the landlord by a receipt or statement from the financial institution.
2010-47
15Repealed: 2010-47
2010-47
16An eviction order under subsection 21(1) of the Act shall be in Form 9.
17An eviction order under subsection 21(3) of the Act shall be in Form 9.
17.01(1)For the purposes of paragraph 24.01(1)(b) of the Act, the documents are as follows:
(a) an emergency intervention order within the meaning of the Intimate Partner Violence Intervention Act with respect to the domestic violence, intimate partner violence, sexual violence or criminal harassment to which the tenant was subject;
(b) an order of the court with respect to the domestic violence, intimate partner violence, sexual violence or criminal harassment to which the tenant was subject; or
(c) a declaration that the tenant has been the subject of domestic violence, intimate partner violence, sexual violence or criminal harassment.
17.01(2)A declaration referred to in paragraph (1)(c) shall be in Form 10.
17.01(3)The following classes of persons, acting as third-party verifiers, may make a declaration referred to in paragraph (1)(c):
(a) peace officers;
(b) victim services coordinators employed by the Province;
(c) victim services coordinators employed by a police force as defined in the Police Act or by the Royal Canadian Mounted Police;
(d) outreach workers employed by an organization that receives funding from the Women’s Equality Branch of the Executive Council Office for the administration or delivery of the Domestic Violence Outreach Program;
(e) outreach workers, crisis interveners or support workers employed by a transition house or second stage housing;
(f) employees of an educational institution at which the tenant or a dependant child of the tenant is enrolled;
(g) indigenous chiefs or elders; and
(h) persons who are members of a health profession that is self-regulated under a private Act of the Province and in good standing with the applicable regulatory body.
2020-41
17.1For the purposes of subsection 6(6.1), paragraph 8.02(b) and subsection 15(4.1) of the Act, the rate of interest is 1.125 per cent per month com­pounded monthly or 14.36 per cent per year.
83-109; 88-241; 2010-47
17.2(1)In this section, “consumer price index” means the Consumer Price Index for New Brunswick (All-items) most recently published by Statistics Canada under the Statistics Act (Canada) for the 12-month period ending December 31.
17.2(2)For the purposes of paragraph 11.1(2.06)(c) of the Act, an increase in rent shall be spread over the following periods and in the following manners:
(a) if the increase in rent exceeds but is less than twice the consumer price index, the increase in rent shall be spread over two years, with one half of the increase in the first year and the second half in the second year; and
(b) if the increase in rent is twice the consumer price index or more, the increase in rent shall be spread over three years, with one third of the increase in the first year, one third in the second year and one third in the third year.
2022, c.64, s.2; 2023, c.27, s.17
17.3For the purposes of subsection 24.13(2) of the Act, an application shall meet the following requirements:
(a) the landlord has all the necessary permits and approvals required by law;
(b) the landlord intends in good faith to renovate or repair the premises;
(c) the renovations or repairs require the premises to be vacant;
(d) the renovations or repairs are necessary to prolong or sustain the use of the premises or the building where the premises are located; and
(e) the only reasonable way to achieve the necessary vacancy is to terminate the tenancy.
2023, c.27, s.17
18This Regulation comes into force on July 15, 1983.
FORM 1
Repealed: 83-109
83-109
FORM 2
Repealed: 83-109
83-109
Form 3
Repealed: 2023, c.27, s.17
88-241; 2017-41; 2023, c.27, s.17
Form 6
Repealed: 2023, c.27, s.17
2010-47; 2017-41; 2018-41, 2021, c.37, s.7; 2023, c.27, s.17
FORM 6.1
Repealed: 2010-47
2010-47
  
2020-41
N.B. This Regulation is consolidated to June 16, 2023.