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82-218
- General
Table of contents
Enabling Act
1
Regulation number
Title
R-10.2
The Residential Tenancies Act
Full text
Current to 3 June 2024
NEW BRUNSWICK
REGULATION 82-218
under the
The Residential Tenancies Act
(O.C. 82-942)
Filed November 19, 1982
Under section 29 of
The Residential Tenancies Act
, the Lieutenant-Governor in Council makes the following Regulation:
1
This Regulation may be cited as the
General Regulation
-
The Residential Tenancies Act
.
2
In this Regulation
“Act”
means the
The Residential Tenancies Act
.
(Loi)
3
Repealed: 83-109
83-109
4
(1)
A tenant who is served with a notice under subsection 5(1) of the Act that contains a complaint relating to the conduct of the tenant or other persons on the premises with the tenant’s consent shall comply immediately with the tenant’s obligations.
4
(2)
A tenant who is served with a notice under subsection 5(1) of the Act that contains a complaint other than one referred to in subsection (1) shall comply with the tenant’s obligations within seven days after receipt of the notice.
88-241
4.1
A notice to quit under subsection 5(4) or 5.1(3) of the Act shall be in Form 4.
2010-47; 2023, c.27, s.17
5
Repealed: 83-109
83-109
6
The time for compliance by a landlord under subsection 6(2) of the Act is seven days.
83-109
7
Repealed: 2023, c.27, s.17
2017-41; 2023, c.27, s.17
8
Repealed: 2010-47
2010-47
9
An application by a tenant under subsection 8(9) of the Act shall be in Form 5.
9.1
(1)
Subject to subsections (2) and (2.1), the rate of the residential tenancy administration fee is 0.05%.
9.1
(2)
For the year 2010, the rate to be used in subsection (1) shall be the rate determined under subsection 5.01(2) of the
Real Property Tax Act
.
9.1
(2.1)
For the year 2011 and every subsequent year, the rate to be used in subsection (1) is 0.0486%.
9.1
(3)
Repealed: 2010, c.35, s.7
92-170; 2009, c.15, s.8; 2010, c.35, s.7
10
Repealed: 2023, c.27, s.17
93-146; 2010-47; 2023, c.27, s.17
11
A notice under subsection 13(4) of the Act of a request for consent to assign any right or rights under a lease shall be in Form 7.
11.1
For the purposes of section 11.1 of the Act, the landlord shall not increase the rent unless the landlord gives the tenant six months notice.
82-103; 2021, c.37, s.7; 2023, c.27, s.17
12
A notice of transfer by a landlord under subsection 13(8) of the Act shall be in Form 8.
12.1
The amount for the value of chattels for the purposes of subsections 15(1.3), (3) and (4) of the Act is $500.
2023, c.27, s.17
13
Repealed: 2023, c.27, s.17
2017-41; 2023, c.27, s.17
14
(1)
For the purposes of subsection 15(5) of the Act, a sale of chattels by either public auction or private sale shall be in a commercially reasonable manner.
14
(2)
Where a sale by a residential tenancies officer is by public auction, the residential tenancies officer shall
(
a
)
serve on the landlord and the tenant at least ten days before the sale date a notice of the sale, and
(
b
)
publish a description of the chattels in a newspaper having general circulation in the place where the premises are located.
14
(3)
Where a sale by a residential tenancies officer is by private sale, the residential tenancies officer shall serve on the landlord and the tenant at least ten days before the sale date a notice of the sale.
2017-41
14.1
If the rent was given in the form of a cheque or other negotiable instrument that was subsequently dishonoured and a late payment fee may be charged by the landlord under section 19.1 of the Act, the amount of the late payment fee is the amount of the NSF (not sufficient funds) charges
(
a
)
that were charged by a financial institution to the landlord as a result of the dishonouring of the instrument, and
(
b
)
that are proved by the landlord by a receipt or statement from the financial institution.
2010-47
15
Repealed: 2010-47
2010-47
16
An eviction order under subsection 21(1) of the Act shall be in Form 9.
17
An eviction order under subsection 21(3) of the Act shall be in Form 9.
17.01
(1)
For the purposes of paragraph 24.01(1)(b) of the Act, the documents are as follows:
(
a
)
an emergency intervention order within the meaning of the
Intimate Partner Violence Intervention Act
with respect to the domestic violence, intimate partner violence, sexual violence or criminal harassment to which the tenant was subject;
(
b
)
an order of the court with respect to the domestic violence, intimate partner violence, sexual violence or criminal harassment to which the tenant was subject; or
(
c
)
a declaration that the tenant has been the subject of domestic violence, intimate partner violence, sexual violence or criminal harassment.
17.01
(2)
A declaration referred to in paragraph (1)(c) shall be in Form 10.
17.01
(3)
The following classes of persons, acting as third-party verifiers, may make a declaration referred to in paragraph (1)(c):
(
a
)
peace officers;
(
b
)
victim services coordinators employed by the Province;
(
c
)
victim services coordinators employed by a police force as defined in the
Police Act
or by the Royal Canadian Mounted Police;
(
d
)
outreach workers employed by an organization that receives funding from the Women’s Equality Branch of the Executive Council Office for the administration or delivery of the Domestic Violence Outreach Program;
(
e
)
outreach workers, crisis interveners or support workers employed by a transition house or second stage housing;
(
f
)
employees of an educational institution at which the tenant or a dependant child of the tenant is enrolled;
(
g
)
indigenous chiefs or elders; and
(
h
)
persons who are members of a health profession that is self-regulated under a private Act of the Province and in good standing with the applicable regulatory body.
2020-41
17.1
For the purposes of subsection 6(6.1), paragraph 8.02(
b
) and subsection 15(4.1) of the Act, the rate of interest is 1.125 per cent per month compounded monthly or 14.36 per cent per year.
83-109; 88-241; 2010-47
17.2
(1)
The following definitions apply in this section.
“consumer price index”
means the Consumer Price Index for New Brunswick (All-items) published by Statistics Canada under the
Statistics Act
(Canada) for the 12-month period ending December 31.
(Indice des prix à la consommation)
“previous year”
means the calendar year before the year in which an increase in rent is effective.
(année précédente)
17.2
(2)
For the purposes of paragraph 11.1(2.06)(c) of the Act, an increase in rent shall be spread over the following periods and in the following manners:
(
a
)
if the increase in rent exceeds but is less than twice the threshold limit referred to in subsection (2.1), the increase in rent shall be spread over two years, with one half of the increase in the first year and the second half in the second year; and
(
b
)
if the increase in rent is twice the threshold limit referred to in subsection (2.1) or more, the increase in rent shall be spread over three years, with one third of the increase in the first year, one third in the second year and one third in the third year.
17.2
(2.1)
For the purposes of subsection (2), the threshold limit is determined in accordance with the following:
(
a
)
if the consumer price index is less than 3%, the threshold limit is calculated in accordance with the following formula:
consumer price index + 1.5%
(
b
)
if the consumer price index is between 3% and 5%, the threshold limit is calculated in accordance with the following formula:
4.5% + 0.5% x (consumer price index – 3%) / 2%
(
c
)
if the consumer price index is more than 5%, the threshold limit is calculated in accordance with the following formula:
5% + 0.8% x (consumer price index – 5%) / 2%
17.2
(2.2)
For the purposes of the determination of the threshold limit referred to in paragraphs (2.1)(a), (b) and (c), if an increase in rent is effective
(
a
)
on or before June 30, the consumer price index to be applied shall be the consumer price index for the calendar year before the previous year, or
(
b
)
on or after July 1, the consumer price index to be applied shall be the consumer price index for the previous calendar year.
2022, c.64, s.2; 2023, c.27, s.17; 2024-31
17.3
For the purposes of subsection 24.13(2) of the Act, an application shall meet the following requirements:
(
a
)
the landlord has all the necessary permits and approvals required by law;
(
b
)
the landlord intends in good faith to renovate or repair the premises;
(
c
)
the renovations or repairs require the premises to be vacant;
(
d
)
the renovations or repairs are necessary to prolong or sustain the use of the premises or the building where the premises are located; and
(
e
)
the only reasonable way to achieve the necessary vacancy is to terminate the tenancy.
2023, c.27, s.17
18
This Regulation comes into force on July 15, 1983.
FORM 1
Repealed: 83-109
83-109
FORM 2
Repealed: 83-109
83-109
Form 3
Repealed: 2023, c.27, s.17
88-241; 2017-41; 2023, c.27, s.17
Form 4
Form 5
Form 6
Repealed: 2023, c.27, s.17
2010-47; 2017-41; 2018-41, 2021, c.37, s.7; 2023, c.27, s.17
FORM 6.1
Repealed: 2010-47
2010-47
Form 7
Form 8
Form 9
Form 10
2020-41
N.B.
This Regulation is consolidated to June 3, 2024.
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