Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
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An Act Respecting the Protection of Low-Income Occupiers +

Legislature :
55
Session :
3
Bill No. :
9
Member :
Dr. Doherty
First Reading :
2005-12-7
Second Reading :
2005-12-9
Committee of the Whole :
Amended :
Third Reading :
Royal Assent :
Download PDF :
Bill 9

Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



Municipalities Act

1                           The Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is amended by adding the following after section 190:



190.001(1)               An officer appointed by council may, after at least forty-eight hours' written notice to the owner and occupier of premises, enter the premises to ensure compliance with section 190.01.



190.001(2)               An owner of the premises who refuses entry to an officer appointed by council, in accordance with subsection (1), commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence and notwithstanding the provisions of any Act to the contrary, no judge of the Provincial Court may suspend the imposition of any penalty under this section.



190.001(3)               An occupier of the premises who refuses entry to an officer appointed by council, in accordance with subsection (1), commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category A offence.



2                           Section 190.01 of the Act is amended by adding the following after subsection (2):



190.01(2.1)             An owner who fails to comply with subsection (1) or (2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence and notwithstanding the provisions of any Act to the contrary, no judge of the Provincial Court may suspend the imposition of any penalty under this section.



3                           Section 190.03 of the Act is amended by repealing subsection (1) and substituting the following:



190.03(1)    An owner who fails to comply with the terms of a notice under subsection 190.01(3) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence and notwithstanding the provisions of any Act to the contrary, no judge of the Provincial Court may suspend the imposition of any penalty under this section.



190.03(1.1)             An occupier who fails to comply with the terms of a notice under subsection 190.01(3) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category A offence.



4                           Section 190.05 of the Act is amended by adding the following after subsection (3)



190.05(4)    A municipality may apply to The Court of Queen's Bench of New Brunswick for an order requiring an occupier, who occupies the premises linked to the certificate, to pay up to 50% of the rent due to the owner to the municipality until the debt due to the municipality, registered as a certificate, has been paid in full.



The Residential Tenancies Act

5                           Subsection 1(1) of The Residential Tenancies Act, chapter R-10.2 of the Acts of New Brunswick, 1975, is amended by repealing paragraph (e) of the definition of "premises” and substituting the following:



(e)                includes a boarding house or lodging house where 3 or more rooms are provided as living accommodation, and

 

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