BILL 17 An Act to Amend The Residential Tenancies Act

BILL 17

An Act to Amend The Residential Tenancies Act

 

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

1 Section 1 of The Residential Tenancies Act, chapter R-10.2 of the Acts of New Brunswick, 1975, is amended by adding after subsection (1) the following:

1(1.1) Notwithstanding any other provision of this Act or the regulations, where the length of notice required under a provision of this Act or the regulations is expressed in terms of one week or one or more months, notice shall be sufficiently given or served if given or served as follows:

 

(a) where the length of notice is one week, on the first day of that week;

(b) where the length of notice is one month, on the first day of that month; and

(c) where the length of notice is two or more months, on the first day of the first month in the notice period.

2 The Act is amended by adding after section 3 the following:

3.1 A landlord or his agent or representative shall not

 

(a) deliberately interfere with the supply of heat, water or electric power services to the premises except in an emergency or where it is necessary to enable maintenance or repairs to be carried out, or

 

(b) deliberately do anything that would render the premises unfit for habitation.

3 Section 8 of the Act is amended

(a) by adding after subsection (12.02) the following:

8(12.03) Where, during an investigation, a rentalsman determines that all or a portion of a claim made by a landlord in respect of a security deposit in accordance with subsection (12) is one that should be made in accordance with subsections (12.1) to (12.8), the rentalsman

 

(a) shall notify the landlord, and

(b) if he or she considers it appropriate, may extend in writing the time in which the landlord is required to act under subsections (12.3) and (12.4), whether or not the time specified in those subsections has expired.

(b) in subsection (12.6)

(i) in paragraph (a) by adding "subject to paragraph (a.1)", before "the expiry";

 

(ii) by adding after paragraph (a) the following:

(a.1) in a case to which subsection (12.03) applies, the expiry of the time specified in writing by the rentalsman, if any, where the landlord has not acted under subsections (12.3) and (12.4), as provided in subsection (12.03);

 

4 Section 25 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out "subsection (1.1) or (3)" and substituting "subsection (1.1), (1.2) or (3)";

(b) by adding after subsection (1.1) the following:

25(1.2) Any notice, process or document shall be sufficiently served

(a) on a landlord who has given a fax number in the lease or has posted or filed a fax number as part of an address for service for the purposes of subsection (4), if a facsimile of the notice, process or document is transmitted to the landlord at that fax number, or

 

 

(b) on a rentalsman, if a facsimile of the notice, process or document is transmitted to the rentalsman at the fax number at his or her office.

 

(c) by adding after subsection (4) the following:

25(5) A landlord may post or file a fax number as part of an address for service for the purposes of subsection (4).

 

5 Subsection 28(3) of the Act is amended by striking out "section 14" and substituting "section 3.1, 14".

6 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

EXPLANATORY NOTES

Section 1

Where the length of notice required under a provision of The Residential Tenancies Act or the regulations is expressed in terms of one week or one or more months, notice shall be sufficiently given or served if given or served in accordance with the new subsection 1(1.1) of The Residential Tenancies Act.

Section 2

Landlords and their agents and representatives are prohibited from deliberately interfering with the supply of heat, water or electric power services to tenantsí premises except in an emergency or where it is necessary to enable maintenance or repairs to be carried out. As well, they are prohibited from deliberately doing anything that would render the premises unfit for habitation.

 

Section 3

(a) Where, during an investigation, a rentalsman determines that all or a portion of a claim made by a landlord in respect of a security deposit in accordance with subsection 8(12) of The Residential Tenancies Act is one that should be made in accordance with subsections 8(12.1) to (12.8) of that Act, the rentalsman is required to notify the landlord and may extend, in writing, the time in which the landlord is required to act under subsections 8(12.3) and (12.4) of that Act.

(b) These amendments are consequential on the amendment made in paragraph 3(a) of this amending Act.

Section 4

(a) This amendment is consequential on the amendment made in paragraph 4(b) of this amending Act.

(b) Service of any notice, process or document under The Residential Tenancies Act may be effected by fax in accordance with the new section 25(1.2) of The Residential Tenancies Act.

 

(c) This amendment is consequential on the amendment made in paragraph 4(b) of this amending Act.

Section 5

A person who violates or fails to comply with the new section 3.1 of The Residential Tenancies Act, as enacted by section 2 of this amending Act, commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

 

Section 6

Commencement provision.