Acts and Regulations

84-196 - General

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 84-196
under the
Limited Partnership Act
(O.C. 84-642)
Filed July 26, 1984
Under section 45 of the Limited Partnership Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the General Regulation - Limited Partnership Act.
2In this Regulation
“Act” means the Limited Partnership Act.(Loi)
3No declaration shall be filed under section 3 or 29 of the Act stating as the firm name of a limited partnership a name
(a) that includes the word or words
(i) “New Brunswick”, “N.B.”, “Nouveau-Brunswick” or “N.-B.” as the first words of the firm name unless the use of the words “New Brunswick”, “N.B.”, “Nouveau-Brunswick” or “N.-B.” is approved by the Minister of Service New Brunswick;
(ii) “municipal”, “corporation”, “incorporation”, “incorporated”, or the corresponding abbreviation, “Inc.”, or “Corp.”;
(iii) “consultant” in the firm name of a limited partnership whose business is insurance agency work;
(iv) “engineer”, “professional engineer” or “engineering” if the name implies
(A) that such limited partnership is practising engineering and is a member or a licensee of the Association of Professional Engineers of the Province of New Brunswick referred to in the Engineering Profession Act, or
(B) that a partner of a limited partnership that carries on such business is a member or licensee of the Association of Professional Engineers of the Province of New Brunswick referred to in the Engineering Profession Act,
and such limited partnership or partner is not a member or a licensee of the Association, unless the Association consents thereto;
(v) “cooperative”, “co-operative”, “coop” or “co-op” without receiving an exemption from the Director of Cooperatives under subsection 17(2) of the Cooperatives Act; or
(vi) “credit union” without the consent of the Superintendent appointed under the Credit Unions Act;
(b) that indicates that the limited partnership is connected with or established or supported by the government of Canada, the government of a province, the government of a country other than Canada or the governing authority of any local government, or has authority from or exercises any function of government;
(b.1) that is identical with
(i) the name of an extra-provincial limited partnership exempted under section 3.1,
(ii) the name of an extra-provincial corporation exempted under section 11.1 of the General Regulation - Business Corporations Act, or
(iii) a firm name or business name registered under the Partnerships and Business Names Registration Act (Nova Scotia) by a firm or person exempted under section 2.1 of the Partnerships and Business Names Registration Regulation - Partnerships and Business Names Registration Act;
(b.2) that so nearly resembles the name of an extra-provincial limited partnership, the name of an extra-provincial corporation or a firm name or business name referred to in subparagraph (b.1)(i), (ii) or (iii) that it is likely to deceive, unless the extra-provincial limited partnership, the extra-provincial corporation or the firm or person referred to in subparagraph (b.1)(i), (ii) or (iii) consents;
(c) that is the known name within the Province of a recognized club, association, group, program or person, whether incorporated or registered within the Province or not incorporated or not registered, without the consent of such club, association, group, program or person;
(c.1) that includes a word or expression that is scandalous, obscene or immoral or that is otherwise objectionable on public grounds; or
(d) that is not distinctive because it is too general.
88-168; 94-8; 2001-17; 2002, c.29, s.9; 2005-72; 2016, c.37, s.96; 2017, c.20, s.91; 2019, c.24, s.188; 2019, c.25, s.314; 2023, c.2, s.188
3.1An extra-provincial limited partnership organized under the laws of the Province of Nova Scotia is exempted from the Act.
94-8
4A declaration of limited partnership under section 3 of the Act shall be in Form 1.
5A declaration of change under section 23 or 29 of the Act shall be in Form 2.
6A declaration of dissolution under section 27 of the Act shall be in Form 3.
7A declaration of extra-provincial limited partnership under section 29 of the Act shall be in Form 4.
8A power of attorney under section 29 of the Act shall be in Form 5.
9A declaration of withdrawal under section 29 of the Act shall be in Form 6.
10Forms prescribed by this Regulation shall be printed or typewritten on paper that is 8.5 inches by 11 inches (22.6 centimetres by 28 centimetres) and shall be of sufficient clarity to permit photocopying and microfilming.
11(1)The following fees are prescribed for the purposes of the Act:
(a)filing a declaration of limited partnership under section 3 of the Act
 $200.00
  
(b)filing a declaration of change under section 23 or 29 of the Act
$20.00
  
(c)filing a declaration of dissolution under section 27 of the Act
$50.00
 
(d)filing a declaration of extra-provincial limited partnership under section 29 of the Act
$200.00
 
(e)filing a declaration of withdrawal under section 29 of the Act
Nil
 
(f)Repealed: 2003-62
 
(g)correction of a declaration or power of attorney under subsection 43(1) of the Act
$20.00
 
(h)certified copies of documents furnished by the registrar
$20.00
 
(h.1)copies under subsection 39(1) of the Act
$10.00
(i) in addition to the fees prescribed above, the fee for the cost of publication in The Royal Gazette of notice of filing is to be submitted to the registrar at the time of filing.
11(2)To consider the suitability of a name upon the filing of a declaration referred to in paragraph (1)(a), (b) or (d), a fee of forty dollars shall be paid for the search of the name in addition to the fee prescribed in paragraph (1)(a), (b) or (d) but, where more than one search is made with respect to the same filing, the maximum additional fee is sixty dollars.
85-206; 91-146; 2003-62
12This Regulation comes into force on August 1, 1984.
N.B. This Regulation is consolidated to June 16, 2023.