Acts and Regulations

2012, c.117 - Trespass Act

Full text
Compensation for loss or damage to property
15(1)If a person is convicted of an offence under this Act, the court may, at the time the penalty is imposed and on application by a person aggrieved, order the convicted person to pay to the aggrieved person an amount, not exceeding the prevailing limit in relation to small claims in The Court of King’s Bench of New Brunswick, by way of compensation for loss of or damage to property suffered as a result of the commission of the offence.
15(2)If a prosecution under this Act is conducted by a private prosecutor and the accused is convicted, unless the court is of the opinion that the prosecution was not necessary for the protection of the owner or occupier or the owner or occupier’s interests, the court may determine the actual costs reasonably incurred in conducting the prosecution and order those costs to be paid by the accused.
15(3)If an amount ordered to be paid under subsection (1) or (2) is not paid without delay, the order may be filed in The Court of King’s Bench of New Brunswick and shall be entered and recorded in that Court, and when entered and recorded, the order becomes a judgment of that Court and may be enforced as a judgment obtained in the Court against the person named in the order for a debt in the amount stated in the order.
15(4)All reasonable costs and charges resulting from the filing, entering and recording of an order under subsection (1) are recoverable in the same manner as if the amount of those costs and charges had been included in the order.
15(5)An order under subsection (1) shall be in addition to any fine, penalty or forfeiture imposed under this Act.
15(6)If a person in whose favour an order is made under subsection (1) subsequently brings a civil action against the person convicted arising out of the same facts, the amount ordered to be paid under subsection (1) shall be deducted from any amount recovered in the civil proceeding.
1983, c.T-11.2, s.6; 1985, c.70, s.4; 1989, c.42, s.4; 2008, c.11, s.26; 2023, c.17, s.270; 2023, c.34, s.16
Compensation for loss or damage to property
15(1)If a person is convicted of an offence under subsection 5(1), section 6, subsection 7(1) or section 8 of this Act, the court may, at the time the penalty is imposed and on application by a person aggrieved, order the convicted person to pay to the aggrieved person an amount, not exceeding the prevailing limit in relation to small claims in The Court of King’s Bench of New Brunswick, by way of compensation for loss of or damage to property suffered as a result of the commission of the offence.
15(2)If a prosecution under subsection 5(1), section 6, subsection 7(1) or section 8 is conducted by a private prosecutor and the accused is convicted, unless the court is of the opinion that the prosecution was not necessary for the protection of the owner or occupier or the owner or occupier’s interests, the court may determine the actual costs reasonably incurred in conducting the prosecution and order those costs to be paid by the accused.
15(3)If an amount ordered to be paid under subsection (1) or (2) is not paid without delay, the order may be filed in The Court of King’s Bench of New Brunswick and shall be entered and recorded in that Court, and when entered and recorded, the order becomes a judgment of that Court and may be enforced as a judgment obtained in the Court against the person named in the order for a debt in the amount stated in the order.
15(4)All reasonable costs and charges resulting from the filing, entering and recording of an order under subsection (1) are recoverable in the same manner as if the amount of those costs and charges had been included in the order.
15(5)An order under subsection (1) shall be in addition to any fine, penalty or forfeiture imposed under this Act.
15(6)If a person in whose favour an order is made under subsection (1) subsequently brings a civil action against the person convicted arising out of the same facts, the amount ordered to be paid under subsection (1) shall be deducted from any amount recovered in the civil proceeding.
1983, c.T-11.2, s.6; 1985, c.70, s.4; 1989, c.42, s.4; 2008, c.11, s.26; 2023, c.17, s.270
Compensation for loss or damage to property
15(1)If a person is convicted of an offence under subsection 5(1), section 6, subsection 7(1) or section 8 of this Act, the court may, at the time the penalty is imposed and on application by a person aggrieved, order the convicted person to pay to the aggrieved person an amount, not exceeding the prevailing limit in relation to small claims in The Court of Queen’s Bench of New Brunswick, by way of compensation for loss of or damage to property suffered as a result of the commission of the offence.
15(2)If a prosecution under subsection 5(1), section 6, subsection 7(1) or section 8 is conducted by a private prosecutor and the accused is convicted, unless the court is of the opinion that the prosecution was not necessary for the protection of the owner or occupier or the owner or occupier’s interests, the court may determine the actual costs reasonably incurred in conducting the prosecution and order those costs to be paid by the accused.
15(3)If an amount ordered to be paid under subsection (1) or (2) is not paid without delay, the order may be filed in The Court of Queen’s Bench of New Brunswick and shall be entered and recorded in that Court, and when entered and recorded, the order becomes a judgment of that Court and may be enforced as a judgment obtained in the Court against the person named in the order for a debt in the amount stated in the order.
15(4)All reasonable costs and charges resulting from the filing, entering and recording of an order under subsection (1) are recoverable in the same manner as if the amount of those costs and charges had been included in the order.
15(5)An order under subsection (1) shall be in addition to any fine, penalty or forfeiture imposed under this Act.
15(6)If a person in whose favour an order is made under subsection (1) subsequently brings a civil action against the person convicted arising out of the same facts, the amount ordered to be paid under subsection (1) shall be deducted from any amount recovered in the civil proceeding.
1983, c.T-11.2, s.6; 1985, c.70, s.4; 1989, c.42, s.4; 2008, c.11, s.26
Compensation for loss or damage to property
15(1)If a person is convicted of an offence under subsection 5(1), section 6, subsection 7(1) or section 8 of this Act, the court may, at the time the penalty is imposed and on application by a person aggrieved, order the convicted person to pay to the aggrieved person an amount, not exceeding the prevailing limit in relation to small claims in The Court of Queen’s Bench of New Brunswick, by way of compensation for loss of or damage to property suffered as a result of the commission of the offence.
15(2)If a prosecution under subsection 5(1), section 6, subsection 7(1) or section 8 is conducted by a private prosecutor and the accused is convicted, unless the court is of the opinion that the prosecution was not necessary for the protection of the owner or occupier or the owner or occupier’s interests, the court may determine the actual costs reasonably incurred in conducting the prosecution and order those costs to be paid by the accused.
15(3)If an amount ordered to be paid under subsection (1) or (2) is not paid without delay, the order may be filed in The Court of Queen’s Bench of New Brunswick and shall be entered and recorded in that Court, and when entered and recorded, the order becomes a judgment of that Court and may be enforced as a judgment obtained in the Court against the person named in the order for a debt in the amount stated in the order.
15(4)All reasonable costs and charges resulting from the filing, entering and recording of an order under subsection (1) are recoverable in the same manner as if the amount of those costs and charges had been included in the order.
15(5)An order under subsection (1) shall be in addition to any fine, penalty or forfeiture imposed under this Act.
15(6)If a person in whose favour an order is made under subsection (1) subsequently brings a civil action against the person convicted arising out of the same facts, the amount ordered to be paid under subsection (1) shall be deducted from any amount recovered in the civil proceeding.
1983, c.T-11.2, s.6; 1985, c.70, s.4; 1989, c.42, s.4; 2008, c.11, s.26