BILL 42

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 19 of The Residential Tenancies Act, chapter R-10.2 of the Acts of New Brunswick, 1975, is amended

(a) in subsection (1) by striking out ", which day shall be at least twenty days after the notice to vacate is served on the tenant" and substituting "in accordance with subsection (1.01)";

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

19(1.01) The day specified in a notice to vacate shall be at least twenty days after the day on which the notice is served on the tenant unless it is served ten days or more after the day on which the rent is due, in which case the day specified in the notice shall be at least ten days after the day it is served.

(c) in subsection (6) in the portion preceding paragraph (a) by striking out "in accordance with subsection (1)" and substituting "in accordance with subsection (1.01)".

EXPLANATORY NOTES

Section 1

(a) The existing provision is as follows:

19(1) Where a tenant fails to pay the rent due, the landlord may serve on the tenant a notice to vacate terminating the tenancy on the day specified in the notice, which shall be at least twenty days after the notice to vacate is served on the tenant, and requiring the tenant to vacate the premises on or before the day specified in the notice.

(b) Where a notice to vacate is served on a tenant under subsection 19(1) of The Residential Tenancies Act, the day specified in the notice for the purposes of that subsection shall be at least twenty days after the day the notice is served on the tenant unless the notice to vacate is served ten days or more after the day the rent is due, in which case the day specified in the notice shall be at least ten days after it is served.

(c) This amendment is consequential on the amendment made in paragraph 1(b) of this amending Act.