Acts and Regulations

2021, c.37 - An Act to Amend The Residential Tenancies Act

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2021, c.37
An Act to Amend
The Residential Tenancies Act
Assented to December 17, 2021
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1Section 11.1 of The Residential Tenancies Act, chapter R-10.2 of the Acts of New Brunswick, 1975, is amended
(a) in subsection (1) of the French version by striking out “le propriétaire ne peut augmenter le loyer sans en donner avis au locataire dans un délai au moins aussi long que celui prévu par voie de règlement” and substituting “il ne peut le faire sans en donner avis au locataire en respectant le délai minimal que fixent les règlements”;
(b) by repealing subsection (2) and substituting the following: 
11.1(2)Subject to any other Act, when a tenancy runs from year to year, month to month or week to week, the landlord shall not increase the rent unless
(a) the landlord serves on the tenant notice of the increase which is not less than the notice period prescribed by regulation,
(b) the notice of the increase is a document separate from any other notice or receipt given to or served on the tenant by the landlord, and
(c) the landlord is increasing the rent for each comparable unit in the same building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.
(c) by adding the following after subsection (2): 
11.1(2.01)Except when a landlord and tenant have agreed in writing otherwise, a landlord referred to in subsection (2) shall not increase the rent
(a) in the first consecutive 12-month period of a tenancy agreement, and
(b) more than once in any other consecutive 12-month period of a tenancy agreement.
11.1(2.02)A tenant who is served notice under subsection (2) may apply in writing to a residential tenancies officer within 30 days after the receipt of the notice to have the notice reviewed by the residential tenancies officer.
11.1(2.03)Subsections 24.5(4) to (6) apply with the necessary modifications to a notice served under subsection (2).
2Section 19 of the Act is amended
(a) by repealing subsection (1.2); 
(b) by repealing subparagraph (6)(a)(i) and substituting the following: 
(i) the landlord previously served a notice to vacate on the tenant under subsection (1), or
3Subsection 21(2.3) of the Act is repealed and the following is substituted:
21(2.3)The landlord shall not apply for an eviction order under subsection (2.2) unless the landlord provides a copy of the notice to vacate with the application for the eviction order.
4Section 24.5 of the Act is amended
(a) by repealing paragraph (2)(a) and substituting the following: 
(a) the landlord serves on the tenant written notice of the increase which is not less than the notice period prescribed by regulation,
(b) by repealing subsection (3) and substituting the following: 
24.5(3)A tenant who is served notice under subsection (2) has 30 days after the receipt of the notice to apply in writing to have the notice reviewed by a residential tenancies officer.
5Paragraph 25.5(a) of the Act is amended
(a) by repealing subparagraph (i) and substituting the following: 
(i) the landlord of the mobile home site previously served at least three notices to vacate on the tenant under subsection 19(1) and the landlord provided a copy of the notices to vacate with the application for the eviction order,
(b) by repealing subparagraph (iii) and substituting the following: 
(iii) the tenant was previously served with any combination of at least three notices referred to in subparagraphs (i) and (ii) and, when one or more of the required notices was a notice to vacate referred to in subparagraph (i), the landlord provided a copy of each notice to vacate with the application for the eviction order, and
TRANSITIONAL PROVISION AND CONSEQUENTIAL AMENDMENTS
Transitional provision
6For greater certainty, this Amending Act applies with respect to tenancies of residential premises and tenancy agreements arising or entered into and in force before the coming into force of this section.
Regulation under The Residential Tenancies Act
7(1)Section 11.1 of New Brunswick Regulation 82-218 under The Residential Tenancies Act is repealed and the following is substituted:
11.1For the purposes of section 11.1 of the Act, the landlord shall not increase the rent unless the landlord gives to the tenant,
(a) when a tenancy is for a fixed term, at least three months notice,
(b) when a tenancy runs from year to year, at least six months notice, and
(c) when the tenancy runs from month to month or week to week, at least six months notice.
7(2)Form 6 of the Regulation is amended in Part 6 of Attachment A
(a) by striking out “At least two (2) months’ notice” wherever it appears and substituting “At least six (6) months’ notice”;
(b) by striking out “At least three (3) months’ notice” and substituting “At least six (6) months’ notice”;
(c) by striking out “of premises subject to a long term tenancy”;
(d) by striking out “within fifteen (15) days after receipt of the notice” wherever it appears and substituting “within thirty (30) days after receipt of the notice”;
(e) by striking out
• Within seven (7) days after the Notice to Vacate is served on the Tenant, the Landlord shall serve on a residential tenancies officer a copy of the notice.