BILL 14 An Act to Amend the Small Claims Act

BILL 14

An Act to Amend the Small Claims Act

 

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

1 Section 4 of the Small Claims Act, chapter S-9.1 of the Acts of New Brunswick, 1997, is amended by adding after subsection (1) the following:

4(1.1) The amount prescribed under paragraph (1)(a) is inclusive of interest to the date of judgment and exclusive of costs.

2 The heading preceding section 16 of the Act is amended by adding "or order" after "judgment".

 

3 Section 16 of the Act is amended

(a) in subsection (1) by striking out "for the return of personal property, signed by a clerk or deputy clerk of the court,";

(b) by repealing subsection (2) and substituting the following:

16(2) A judgment or order of the court that is filed with The Court of Queen’s Bench of New Brunswick may be set aside

(a) by a subsequent order of the court filed in The Court of Queen’s Bench of New Brunswick, or

(b) by an order of a judge of The Court of Queen’s Bench of New Brunswick.

4 Section 17 of the Act is amended by adding after subsection (3) the following:

17(3.1) No person is eligible to be appointed as an adjudicator for more than one term.

5 Section 28 of the Act is repealed and the following is substituted:

28(1) This Act binds the Crown in the right of New Brunswick.

28(2) This Act binds the Crown in the right of Canada to the extent permitted by the Crown in right of Canada.

6 Paragraph 29(f) of the Act is amended by striking out "the grounds of appeal" and substituting "limiting the right of appeal".

7 Section 30 of the Act is amended

(a) by renumbering the section as subsection (1);

(b) by adding after subsection (1) the following:

30(2) Notwithstanding section 8, no action that, before the commencement of this Act, has commenced in The Court of Queen’s Bench of New Brunswick in accordance with Rule 75 of the Rules of Court may be transferred to the Small Claims Court of New Brunswick.

8 Section 38 of New Brunswick Regulation 98-84 under the Small Claims Act is hereby ratified and confirmed and shall be deemed to have been validly enacted.

 

EXPLANATORY NOTES

Section 1

The monetary jurisdiction of the court with respect to interest and costs is clarified.

Section 2

The heading preceding section 16 of the Small Claims Act is amended.

Section 3

(a) The existing provision is as follows:

16(1) A judgment of the court or an order of the court for the return of personal property, signed by a clerk or deputy clerk of the court, may be filed with The Court of Queen’s Bench of New Brunswick and when filed shall be entered as a judgment or order of that court and have the same force and effect, and enforcement proceedings may be taken on the judgment or order as if it had been a judgment or order originally obtained in that court.

 

(b) The existing provision is as follows:

16(2) Notwithstanding subsection (1), where a judgment or order of the court is filed with The Court of Queen’s Bench of New Brunswick, the judgment or order may be set aside in accordance with the regulations.

Section 4

The new subsection 17(3.1) restricts the appointment of an adjudicator to one term.

Section 5

The existing provision is as follows:

28 This Act binds the Crown in the right of New Brunswick and the Crown in the right of Canada.

Section 6

The existing provision is as follows:

29 The Lieutenant-Governor in Council may make regulations ….

(f) respecting appeals, including without limiting the generality of the foregoing, the pleading, practice and procedure on appeal, the grounds of appeal and the rules of evidence on appeal,

 

 

Section 7

(a) Section 30 of the Small Claims Act is renumbered as subsection 30(1).

(b) New provision.

Section 8

A provision in New Brunswick Regulation 98-84 under the Small Claims Act is ratified.