Acts and Regulations

85-1 - Costs and Fees

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 85-1
under the
Landlord and Tenant Act
(O.C. 85-15)
Filed January 16, 1985
Under section 79 of the Landlord and Tenant Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the Costs and Fees Regulation - Landlord and Tenant Act.
2The tariff of costs on distress for rent is prescribed as follows:
(a)for preparing and executing a warrant of distress..............
$30.00
 
(b)travel allowance for executing a warrant of distress, at the rate of 22 cents per kilometre to and from the leased premises
 
(c)for preparing an inventory and notice, engaging and swearing appraisers, performing and preparing appraisal report..............
  $40.00
 
(d)for taking charge and custody of goods, where the goods have been removed from the leased premises or from the premises to which the goods have been clandestinely removed..............
$30.00
 
(e)on the sale of goods distrained, a sum equal to ten per cent of the proceeds realized from the sale of such goods
 
(f)all disbursements and costs necessarily incurred in the removal or care of goods or property seized under warrant.
3(1)The table of fees on summary proceedings is prescribed as follows:
(a)on instructions, preparation and service of demand for possession..............
$35.00
 
(b)where the rent is five hundred dollars per month or less, on application by way of summons, including preparation of all affidavits, summons and order for possession and attendances on judge..............
$50.00
 
(c)where the rent is five hundred dollars per month or less, to counsel fee on hearing of summons, per half day..............
$50.00
 
(d)on preparation for hearing and brief - where more than two witnesses are necessarily called or if the case involves points of difficulty, such further amount as the judge may allow in his discretion on application
 
(e)on instructions to defend application and examining documents on behalf of a tenant..............
$25.00
 
(f)for clerk’s fees on filing order for possession and entering judgment..............
$15.00
 
(g)travel allowance for serving a demand or summons, at the rate of 22 cents per kilometre from the residence or office of the landlord or his agent to the place of service and return
3(2)Where the rent exceeds five hundred dollars per month but does not exceed one thousand dollars per month, the fee shall be one and one-half times the amount prescribed in paragraphs (1)(b) and (c).
3(3)Where the rent exceeds one thousand dollars per month, the fee shall be double the amount prescribed in paragraphs (1)(b) and (c).
3(4)Where it appears that the document could reasonably have been served at considerably reduced expense by a different agent, the judge may disallow the travel allowance prescribed in paragraph (1)(g).
4New Brunswick Regulation 74-178 under the Landlord and Tenant Act is repealed.
N.B. This Regulation is consolidated to March 31, 1985.