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Acts and Regulations

83-132 - Leases

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Regulation number	Title
S-12.2	Standard Forms of Conveyances Act

Full text

Current to 16 June 2023

NEW BRUNSWICK

REGULATION 83-132

under the

Standard Forms of Conveyances Act

(O.C. 83-752)

Filed September 15, 1983

Under section 2 of the Standard Forms of Conveyances Act, the Lieutenant-Governor in Council makes the following Regulation:

83-215

1This Regulation may be cited as the Leases Regulation - Standard Forms of Conveyances Act.

87-69

1.1(1)This Regulation does not apply to conveyances of land by deed, quit claim deed, transfer, easement, right-of-way, licence, option not contained in a lease, right of first refusal, agreement for the sale or purchase of land, boundary line agreement, party wall agreement, expropriation, Crown grant, renewal of lease, surrender of lease, mortgage, collateral mortgage, postponement of mortgage, debenture, postponement of debenture, trust deed or other instrument to secure bonds or debenture stock of a corporation, discharge of mortgage, discharge of debenture, partial discharge of mortgage, partial discharge of debenture, assignment of mortgage, assignment of debenture, notice of crystallization, assignment of lease, agreement amending a registered instrument, Order in Council, Act of the Parliament of Canada or Act of a Provincial Legislature.

1.1(2)This Regulation does not apply to a standard form of lease made pursuant to the Residential Tenancies Act.

84-139; 87-69

2(1)Every lease or lease and option shall be in the appropriate form set out in Schedule A and the heading is part of the form.

2(1.1)Directions printed in italics are not part of a form.

2(2)Words and directions which are underscored are not part of a form and are inserted for guidance.

2(3)Parts of a form that are enclosed in parentheses are optional.

2(4)The forms set out in Schedule A may be modified as required to provide for execution by more than one person.

2(5)Information required to be included in a form set out in Schedule A may be attached as a schedule thereto.

2(6)When used in a lease or lease and option, words that are set out in Column One of Schedule B and distinguished by a letter therein have the same effect as if the words set out in Column Two of Schedule B and distinguished by the same letter were used in the lease or lease and option.

2(7)When words which are other parts of speech or tenses of words set out in Column One of Schedule B and distinguished by a letter therein are used in a lease or lease and option, those words which are other parts of speech or tenses

(a) have meanings corresponding to the meanings of the words set out in Column One of Schedule B, and

(b) have the same effect as if the corresponding parts of speech or tenses of the words set out in Column Two of Schedule B and distinguished by the same letter were used in that lease or lease and option.

2(8)Subsection (7) shall be deemed to have come into force on September 10, 1984.

84-139; 87-69

3(1)A covenant or condition set out in Column One of Schedule C and distinguished by a number therein may be included in any lease in Form A19 as may be applicable in the circumstances, by the inclusion of the covenant or condition set out in Column One of Schedule C together with its distinguishing number, and if so included, the lease has the same effect as if it contained the covenant or condition set out in Column Two of Schedule C distinguished by the same number.

3(2)In any lease or lease and option in Form 19 where a covenant or condition is excluded, or included, by reference to a number which distinguishes a covenant or condition set out in Column One of Schedule C, the lease or lease and option has the same effect as if the covenant or condition set out in Column Two of Schedule C and distinguished by the same number were excluded, or included, as the case may be.

3(3)In any lease or lease and option in Form 19 where a covenant or condition is deemed to be contained by virtue of subsection 27(2) of the Land Titles Act, and that covenant or condition is set out in Column One of Schedule C and distinguished by a number therein, the lease or lease and option has the same effect as if it contained the covenant or condition set out in Column Two of Schedule C and distinguished by the same number.

84-139

4A lease or lease and option may contain any covenant or condition, whether or not the covenant or condition is otherwise provided for in this Regulation.

4.1(1)Where a lease in Form A19 contains covenants and conditions which are set out in a document which is on file in a Registry Office and are included in the lease by reference to the number by which the document has been filed, the document shall be filed in every Registry Office where the lease is registered.

4.1(2)Except as between the parties thereto, where a lease in Form A19 contains covenants and conditions which are set out in an agreement which is neither registered nor on file in a Registry Office, and a conflict exists between that part of the lease which is registered or on file and the agreement which is not, the terms of that part of the lease which is registered or on file shall prevail.

4.1(3)Where a lease in Form A19 contains covenants and conditions which are set out in an agreement which is neither registered nor on file in a Registry Office, an amendment to the agreement is void as against a third party unless notice of the amendment is registered in the Registry Office or unless the third party has actual notice of the amendment.

84-139

5In any lease or lease and option made pursuant to this Regulation,

(a) where the context so requires, words importing the singular include the plural and words importing the plural include the singular, and words importing the masculine include the feminine and neuter genders and words importing the feminine include the masculine and neuter genders and words importing the neuter gender include the masculine and feminine genders;

(b) the term “lessor” includes the heirs, executors, administrators, successors and assigns of the lessor, and the term “lessee” includes the successors and assigns of the lessee;

(c) all covenants, conditions, liabilities and obligations entered into or imposed upon a lessor shall be construed to be jointly and severally binding upon each of them and upon their heirs, executors, administrators, successors and assigns, unless expressly stated to the contrary;

(d) all covenants, conditions, liabilities and obligations entered into or imposed upon a lessee shall be construed to be jointly and severally binding upon each of them and upon their successors and assigns, unless expressly stated to the contrary; and

(e) all covenants, conditions, liabilities and obligations entered into or imposed upon a guarantor shall be construed to be jointly and severally binding upon each of them and upon their heirs, executors, administrators, successors and assigns, unless expressly stated to the contrary.

84-139

6(1)Subject to this section, unless it is prepared in book form for deposit, a lease or lease and option shall be printed or typewritten on good quality white paper, 8.5 inches by 11 inches (22.6 cm by 27.94 cm) or 8.5 inches by 14 inches (22.6 cm by 35.6 cm), with a margin of not less than 1 inch (2.5 cm) on the top and left side of the page and, if printed on the reverse thereof, a margin of not less than one inch (2.5 cm) on the top and right side of the page, and shall be of sufficient clarity to permit photocopying or other reproduction with registry office equipment.

6(2)Subsection (1) applies to all attachments to instruments referred to therein other than plans, instruments issued by a court, instruments and documents requiring registration under the Bankruptcy Act (Canada), instruments and documents prepared in book form for deposit and such other attached instruments and documents as, in the opinion of the registrar, are suitable for acceptance in a form other than that prescribed in subsection (1).

6(3)If an instrument is to be filed or registered under the Act by submitting a digitally scanned image of the instrument, the digitally scanned image shall be of sufficient clarity to be readable when reproduced.

6(4)If an instrument with a crimped or raised seal affixed to it is to be filed or registered under the Act by submitting a digitally scanned image of the instrument, the seal must be darkened or otherwise sufficiently enhanced so that the seal may be identified.

6(5)A registrar may refuse to file or register an instrument,

(a) with respect to a digitally scanned image of an instrument referred to in subsection (3), if the instrument is not of sufficient clarity to be readable by the registrar when reproduced, or

(b) with respect to a digitally scanned image of an instrument referred to in subsection (4), if the seal cannot be identified by the registrar.

84-139; 2018-46

7This Regulation comes into force on September 10, 1984.

83-215; 84-139

Form A19

Form 19

LEASE (AND OPTION)

Land Titles Act, S.N.B. 1981, c.L-1.1, s.27
Standard Forms of Conveyances Act, S.N.B. 1980, c.S-12.2, s.2

THIS FORM IS PRESCRIBED UNDER THE
GENERAL REGULATION - LAND TITLES ACT

84-139

SCHEDULE B

	Column One		Column Two
a.	leases	a.	in consideration of the rents, covenants and agreements hereinafter contained, doth demise and lease, to have and to hold during the term of this lease,

b.	parcel	b.	all that lot, piece or parcel of land and premises

84-139

SCHEDULE C

	Column One		Column Two
11.	The lessee shall pay rent.	11.	The lessee covenants with the lessor that the lessee shall for the duration of this lease pay to the lessor the rent hereby reserved on the days and in the manner herein set out without any deduction whatsoever.

12.	The lessee shall maintain the premises in good repair.	12.	The lessee covenants with the lessor that the lessee shall for the duration of this lease maintain the demised premises in good and sufficient order and repair to the satisfaction of the lessor, reasonable wear and tear and damage by fire, lightning, tempest and the like excepted.

13.	The lessee shall permit the lessor to inspect the premises.	13.	The lessee covenants with the lessor that the lessee shall permit the lessor, his servants, agents and employees at all reasonable times for the duration of this lease to enter upon the demised premises for the purpose of inspecting the state of repair or making such repairs as the lessor may from time to time consider necessary.

14.	The lessee shall not alter the premises without the lessor’s consent.	14.	The lessee covenants with the lessor that the lessee shall not, without the prior written consent of the lessor, place any building, erection, addition or improvement, other than trade fixtures, upon the demised premises, or alter the interior of the demised premises or any part thereof.

15.	The lessee shall use the premises for agreed purposes only.	15.	The lessee covenants with the lessor that the lessee shall use the demised premises only for the purpose or purposes agreed upon by the lessor and lessee.

16.	The lessee shall not assign or sublet without the lessor’s consent.	16.	The lessee covenants with the lessor that the lessee shall not, without the written consent of the lessor, which consent shall not be unreasonably withheld, assign, transfer, sublet or otherwise by any act or deed cause or permit the demised premises or any part thereof to be assigned, transferred or sublet unto any person or persons whomsoever.

17.	The lessee shall comply with all laws.	17.	The lessee covenants with the lessor that the lessee shall promptly comply with and conform to the requirements of every federal and provincial statute, rule, regulation and ordinance, and every local government by-law, rule, regulation, order and ordinance at any time or from time to time in force affecting the use or occupation of the demised premises or any part thereof by the lessee.

18.	The lessee shall deliver vacant possession upon termination of the lease.	18.	The lessee covenants with the lessor that the lessee shall upon the expiration or other sooner determination of this lease peaceably deliver to the lessor vacant possession of the demised premises in the condition in which the lessee is by this lease required to maintain the demised premises.

19.	The lessee shall permit the lessor to show the premises to purchasers.	19.	The lessee covenants with the lessor that the lessee shall permit the lessor, his servants, agents and employees at reasonable times and after reasonable notice to enter the demised premises for the purpose of showing it to prospective tenants and purchasers.

20.	The lessee shall pay public utilities.	20.	The lessee covenants with the lessor that the lessee shall pay as they become due all charges for public utilities including electricity, gas, water, telephone and all other services provided by any public utility in connection with the occupancy of the demised premises.

21.	The lessee shall not do any act to increase insurance premiums.	21.	The lessee covenants with the lessor that the lessee shall not carry on or permit to be carried on upon the demised premises any activity which may cause an increase in premiums for insurance upon the building wherein the demised premises are situate, or which may render void or voidable any policy of insurance.

22.	The lessee shall pay occupancy taxes.	22.	The lessee covenants with the lessor that the lessee shall pay for the duration of this lease all taxes, rates, levies and assessments charged against the demised premises in connection with the lessee’s use and occupation thereof.

23.	The lessee shall provide public liability insurance.	23.	The lessee covenants with the lessor that the lessee shall at his own expense take out and keep in force public liability and property damage insurance in the names of the lessor and the lessee for injury, death or property damage occurring in, or arising in connection with the operation of, the demised premises, with all inclusive coverage.

24.	The lessee shall pay additional rent for	24.	The lessee covenants with the lessor that the lessee shall pay to the lessor as additional rent in each year of the term hereby demised his proportion of

	(a) common area expenses and		(a)the total annual cost of operating and maintaining the common area including all costs of repairs, taxes, assessments, electricity, plumbing, water, air conditioning, heat, insurance, police, supervision, cleaning, snow removal, muzak, elevators, parking and maintenance or any other services or equipment used in the common area and

	(b) insurance and heating.		(b)all costs and expenses incurred by the lessor in insuring and heating the lessor’s building.

25.	The lessee shall conduct his business in a reputable manner.	25.	The lessee covenants with the lessor that the lessee shall conduct his business in and use the whole of the demised premises in a reputable manner; a business practice by the lessee whether through advertising, selling procedures or otherwise which in the opinion of the lessor may harm the business or reputation of the lessor or reflect unfavourably on the lessor or other tenants of premises in the building, or which may confuse, mislead or deceive the public, shall immediately be discontinued by the lessee at the request of the lessor.

26.	On breach of any covenant the lessor may recover all costs from the lessee as rent.	26.	In the event that the lessee is in default of payment of any amount required by this lease to be paid by him, the lessor may pay such amount on his behalf and recover that amount together with his reasonable expenses from the lessee as rent, with all remedies incidental thereto as if that amount and expenses were included in the rent hereby reserved.

27.	The lessor may re-enter the premises on the insolvency of the lessee.	27.	In the event that the rights of the lessee under this lease are at any time seized or taken in execution or attachment by any creditor of the lessee, or the lessee makes an assignment for the benefit of creditors, becomes bankrupt or insolvent, or takes the benefit of any statute that may be in force for bankrupt or insolvent debtors, then the current month’s rent, including additional rent, and the next three months’ rent, including additional rent, immediately become due and payable and, in the manner prescribed by law, the lease and term shall, at the option of the lessor, become forfeited and void and the lessor may enter into and upon the demised premises, or any part thereof in the name of the whole, by force or otherwise as he may see fit, to have again, repossess and enjoy, as of its former estate, anything herein contained to the contrary notwithstanding.

28.	The lessor promises to the lessee quiet enjoyment of the premises.	28.	The lessor covenants with the lessee that the lessee, paying the rent hereby reserved and performing the covenants on his part to be performed, shall and may peaceably possess and enjoy the demised premises for the duration of this lease without any interruption or disturbance from the lessor or any person lawfully claiming under him.

29.	The lessor shall provide fire and other insurance.	29.	The lessor covenants with the lessee that the lessor shall effect fire and extended coverage insurance and insurance against all other risks required by any mortgagee to be insured against, if any, as well as boiler and pressure vessel insurance, on the whole of the building of which the demised premises forms a part in such amounts as the lessor and mortgagee shall from time to time deem to be required.

30.	The lessor shall pay real property taxes and local improvements.	30.	The lessor covenants with the lessee that the lessor shall pay all taxes and rates, including local improvement rates, local government, provincial, federal or otherwise, assessed against the demised premises or the lessor or lessee on account thereof, save and except any business taxes and taxes upon the personal property and income of the lessee.

30.1	The lessee shall pay real property tax.	30.1	The lessee covenants with the lessor that the lessee shall pay for the duration of this lease all taxes, rates, duties, and assessments whatsoever, whether local government, provincial, federal or otherwise, now charged or to be charged on the demised premises or on the lessor on account thereof, except local government taxes for local improvements.

31.	The lessor may assign his rights.	31.	The lessor may assign his rights under this lease as collateral security for a loan and in the event that such an assignment is given and executed by the lessor and notification thereof is given to the lessee by or on behalf of the lessor, it is expressly agreed between the lessor and the lessee that this lease shall not be cancelled or modified for any reason whatsoever without the consent in writing of the assignee.

32.	The lessee may remove fixtures.	32.	The lessee may at or prior to the termination of this lease, take, remove and carry away from the demised premises all fixtures, fittings, plant, machinery, utensils, shelving, counters, safes or other articles placed in or on the premises in the nature of trade or tenants’ fixtures or other articles belonging to or brought upon the premises by the lessee, but the lessee shall in such removal do no damage to the premises or shall make good any damage which he may occasion thereto.

33.	The lessee has an insurable interest in improvements made by him.	33.	For the duration of this lease or any renewal thereof the lessee has an insurable interest in any alterations, additions and improvements that may be made by the lessee in and to the demised premises, and the lessee is entitled to insure such alterations, additions and improvements up to their full insurable value and to receive the proceeds of any insurance so placed by him.

34.	If the premises are rendered unfit, the rent shall be reduced accordingly or the lease shall be terminated.	34.	If the demised premises are rendered partially unfit for the lessee by fire, lightning, tempest or other insurable casualty, the rent hereby reserved shall abate in part only in the proportion that the part of the demised premises rendered unfit for the lessee bears to the whole of the demised premises, or if the demised premises are rendered wholly unfit for the lessee, this lease shall be terminated and the rent hereby reserved and all other charges shall be apportioned and paid to the date of occurrence of the casualty.

35.	The lessor may make changes to pipes, conduits and ducts.	35.	The lessor shall have the right to make changes or additions to the pipes, conduits and ducts in the demised premises where necessary to serve adjoining premises but not in a way to interfere materially with the use and enjoyment of the demised premises and shall make good any damage to the demised premises so caused.

36.	Where the lessee holds over the tenancy is monthly.	36.	In the event that the lessee holds over beyond the duration of this lease or the renewal thereof with or without the consent of the lessor and without any further written agreement, the tenancy resulting shall be a monthly tenancy only, at a monthly rental equivalent to the amount paid per month during the last month of the term hereby granted or the renewal thereof and subject to termination at the election of the lessor or lessee upon one month’s notice in writing and subject also to the terms, conditions and covenants herein set out.

37.	The lessee has the use of the common area.	37.	The lessee, his employees, customers, invitees and all others requiring communication with them, shall have the use in common with all others entitled thereto, of the common area.

38.	The lessor is not responsible for injury to person or property upon the premises unless due to the negligence of the lessor.	38.	The lessor shall not in any event whatsoever be liable or responsible in any way for any personal injury or death that may be suffered or sustained by the lessee or any employee of the lessee or any other person who may be upon the demised premises or for any loss of or damage or injury to any property belonging to the lessee or to his employees or to any other person while such property is on the demised premises, unless due to the negligence of the lessor, his employees, agents or licensees.

39.	The lessee may install signs with the lessor’s consent.	39.	Subject to the lessor’s approval, which approval shall not be unreasonably withheld, the lessee may install in, upon or about the demised premises any signs or advertising material which shall remain the property of the lessee and which the lessee may remove regardless of the degree of affixation upon expiration or termination of this lease or any renewal thereof provided that the lessee shall make good any damage caused to the demised premises by such installation and removal.

40.	All disputes are to be settled by arbitration.	40.	In the case of any dispute between the lessor and the lessee during the continuance of this lease or any renewal thereof, as to any matter arising hereunder which it is agreed between the parties hereto shall be settled by arbitration, either party hereto shall be entitled to give to the other party notice of such dispute and demand arbitration thereof and, after giving notice and demand, each party shall at once appoint an arbitrator and such appointees shall jointly appoint a third; the decision of any two of the three arbitrators so appointed shall be final and binding upon the parties hereto who covenant one with the other that their disputes shall be so decided by arbitration alone and not by recourse to any court or action at law; if within a reasonable time the two arbitrators appointed by the parties hereto do not agree upon a third or if the party who has been notified of a dispute fails to appoint an arbitrator, then a third arbitrator or an arbitrator to represent the party in default may, upon petition of the party not in default, be appointed by a judge of The Court of King’s Bench of New Brunswick; the cost of arbitration shall be apportioned between the parties hereto as the arbitrators may decide.

41.	Condonation, excuse or overlooking of any default does not operate as waiver.	41.	Any condoning, excusing or overlooking by the lessor of any default, breach or non-observance by the lessee at any time or times in respect of any covenant, proviso or condition herein contained shall not operate as a waiver of the lessor’s rights hereunder in respect of any continuing or subsequent default, breach or non-observance, nor so as to defeat or affect in any way the rights of the lessor.

42.	All lessee’s insurance policies shall contain a waiver of subrogation.	42.	All policies of insurance placed by the lessee shall contain a waiver or waivers of subrogation against the lessor and the lessee waives, releases and discharges all rights, claims and demands whatsoever which the lessee might have or acquire against the lessor arising out of damage to or destruction of the building or any part thereof occasioned by any of the perils insured against by the lessee or which the lessee has agreed to insure against, whether or not such rights, claims and demands shall arise through the negligence or other fault of the lessor, his servants, agents or contractors.

43.	The lessee has an option to renew this lease.	43.	The lessor hereby gives to the lessee an option to renew this lease at the expiration thereof for a further term of equal duration upon the same terms and conditions as are contained herein except this provision for renewal and the amount of rent reserved which shall be agreed upon at the time of renewal or, failing agreement, shall be settled by arbitration; the lessee may exercise his option to renew by giving notice of acceptance to the lessor not later than three months prior to the date of termination of this lease.

44.	The lessee shall advise the lessor of any change in marital status.	44.	The lessee covenants with the lessor that upon any change affecting the marital status of the lessee or the qualification of the premises as a marital home within the meaning of the Marital Property Act, the lessee will advise the lessor accordingly and furnish the lessor with full particulars thereof.

45.	Where a conflict exists between the English and the French version of any provision hereof, this lease shall be construed as if it had been executed entirely in English.	45.	The lessor and the lessee mutually covenant and agree that, this lease having been executed in both English and French, where a conflict exists between the English version and the French version of any provision hereof, the meaning and legal effect of the English version shall prevail.

45.1	Where a conflict exists between the English and the French version of any provision hereof, this lease shall be construed as if it had been executed entirely in French.	45.1	The lessor and the lessee mutually covenant and agree that, this lease having been executed in both English and French, where a conflict exists between the English version and the French version of any provision hereof, the meaning and legal effect of the French version shall prevail.

46.	The lessor may re-enter the premises upon non-payment of rent or other breach.	46.	If and whenever the rent hereby reserved is not paid by the lessee and remains unpaid for a period of fifteen (15) days after any of the days upon which the same ought to have been paid, and whether or not any formal or other demand has been made therefor, or if the lessee is in breach of or in default under any of the lessee’s covenants, conditions or agreements contained in this lease and such breach or default continues for fifteen (15) days after written notice thereof has been given by the lessor to the lessee without the lessee proceeding promptly and diligently to remedy such breach or default, then in any such case the lessor shall have the right to terminate this lease and, upon the exercise of such right, the lessor may terminate this lease and re-enter into and upon and take possession of and enjoy the demised premises, or any part thereof, in the name of the whole, as of the lessor’s former estate.