Definitions, interpretation and administration
“lease” means the Standard Form of Lease as provided for in this Act including any changes therein as permitted by this Act;(bail)
“mobile home” means a dwelling that is used as a residence for one or more persons and that is designed to be moveable but does not include a dwelling that is occupied as a vacation home for a seasonal or temporary period;(maison mobile)
“mobile home park” means land divided into two or more sites for mobile homes and includes the common areas;(parc de maisons mobiles)
“mobile home site” means a site for a mobile home in a mobile home park on which a tenant places a mobile home;(emplacement de maison mobile)
“peace officer” means
(agent de paix)
(a)
a member of the Royal Canadian Mounted Police,
(b)
a police officer appointed under section 10, 11 or 17.3 of the
Police Act, and
(c)
an auxiliary police officer or an auxiliary police constable appointed under section 13 of the
Police Act when accompanied by or under the supervision of a police officer referred to in paragraph (
b) or a member of the Royal Canadian Mounted Police;
“premises” means premises used for residential purposes,
(locaux)
(i)
any house, dwelling, mobile home, apartment, flat, tenement or similar place that is occupied or may be occupied by an individual as a residence,
(ii)
any land leased as a site for a mobile home used for residential purposes, whether or not the landlord also leases that mobile home to the tenant, and
(iii)
a room in a boarding house or lodging house,
(i)
premises occupied for business or agricultural purposes with living accommodation attached under a single tenancy agreement,
(ii)
living accommodations located in a building used in part for non-residential purposes if the occupancy of the living accommodations is conditional upon the occupant continuing to be an employee of or perform services related to a business carried out in the building,
(iii)
living accommodations occupied as a vacation home for a seasonal or temporary period,
(iv)
living accommodations where the tenant is required to share a bathroom or kitchen facility or both with the landlord and where the landlord resides in the building in which the living accommodations are located,
(v)
living accommodations provided in a tourist establishment as defined under the
Tourism Development Act, 2008, if a person resides in the living accommodations for less than ninety consecutive days,
(vi)
living accommodations provided by an educational institution to its students,
(vii)
living accommodations provided in a nursing home as defined in the
Nursing Homes Act,
(viii)
living accommodations located in a community placement resource as defined in section 23 of the
Family Services Act,
(viii.1)
living accommodations located in a child and youth care resource as defined in the
Child and Youth Well-Being Act,
(ix)
living accommodations occupied by a person for penal, correctional, rehabilitative or therapeutic purposes or for the purpose of receiving care,
(x)
living accommodations provided by a religious institution,
(xi)
living accommodations provided in a hospital facility operated under the
Hospital Act,
(xii)
living accommodations provided in a psychiatric facility as defined in the
Mental Health Act,
(xiii)
short-term living accommodations provided as emergency shelter,
(xiv)
living accommodations provided in a youth hostel, and
(xv)
any other accommodations or classes of accommodations prescribed by regulation;
“tenancy agreement” means an agreement whereby a person is granted the right to possess premises in consideration of payment of rent.(convention de location)
1(1.1)Notwithstanding any other provision of this Act or the regulations, where the length of notice required under a provision of this Act or the regulations is expressed in terms of one week or one or more months, notice shall be sufficiently given or served if given or served as follows:
(a)
where the length of notice is one week, on the first day of that week;
(b)
where the length of notice is one month, on the first day of that month; and
(c)
where the length of notice is two or more months, on the first day of the first month in the notice period.
1(2)The New Brunswick Housing Corporation is responsible for the administration of this Act.
1983, c.82, s.1; 1989, c.61, s.1; 1993, c.23, s.1; 1996, c.18, s.10; 1997, c.13, s.1; 1999, c.3, s.1; 2006, c.5, s.1; 2006, c.16, s.161; 2008, c.T-9.5, s.1; 2008, c.21, s.1; 2015, c.44, s.107; 2023, c.25, s.9; 2023, c.27, s.1; 2023, c.36, s.33