2011-c.103 Age of Majority Act N.B.

Current to 2024-06-27

Contents
s. 1 — Age of majority

R.S.1973, c.A-4, s.1

s. 1(1) — Age of majority

A person attains the age of majority and ceases to be a minor on attaining the age of 19 years.

s. 1(2) — Age of majority

Subject to the provisions of this Act, this section applies with respect to every law that is within the legislative competence of the Legislature and in force in the Province on or after August 1, 1972.

s. 2 — Meaning of words

R.S.1973, c.A-4, s.2

s. 2(1) — Meaning of words

The words “child”, except when used only to indicate a child-parent relationship, “infant”, “infancy”, “minor”, “minority”, and similar words shall be construed as referring to a person who has not attained the age of majority, and the words “adult”, “full age” and similar words shall be construed as referring to a person who has attained the age of majority when they are used in any of the following:

s. 2(1)(a) — Meaning of words

(a) an Act of the Legislature, or any regulation, order or by-law made under an Act of the Legislature, enacted or made before, on or after August 1, 1972;

s. 2(1)(b) — Meaning of words

(b) an Act of Parliament or a provision of an Act of Parliament that, by an Act of the Legislature enacted before, on or after August 1, 1972, is made to apply in respect of any Act, matter or thing that is within the legislative competence of the Legislature;

s. 2(1)(c) — Meaning of words

(c) a deed, will or any other instrument made on or after August 1, 1972; and

s. 2(1)(d) — Meaning of words

(d) an order or direction of a court made before, on or after August 1, 1972.

s. 2(2) — Meaning of words

Subsection (1) does not apply when it is expressed or implied in the enactment, regulation, order, by-law, direction or instrument that a meaning was intended by the use of a word that is inconsistent with the construction required to be placed on the word by that subsection.

s. 2(3) — Meaning of words

A reference in any of the following to any age between the ages of 19 years and 21 years, inclusive, shall be deemed to be a reference to the age of 19 years:

s. 2(3)(a) — Meaning of words

(a) an Act of the Legislature or any regulation, order or by-law made under an Act of the Legislature enacted or made before August 1, 1972; or

s. 2(3)(b) — Meaning of words

(b) an order or direction of a court made before August 1, 1972.

s. 3 — Particular age attained at birthday

A person attains a particular age expressed in years at the commencement of that anniversary of the date of his or her birth. R.S.1973, c.A-4, s.3

s. 4 — Effect of Act on deeds, wills and other instruments

R.S.1973, c.A-4, s.4

s. 4(1) — Effect of Act on deeds, wills and other instruments

Every provision in a deed, will or any other instrument executed before August 1, 1972, shall have effect and be construed as if this Act is not in force.

s. 4(2) — Effect of Act on deeds, wills and other instruments

Despite any rule of law, a will or codicil executed before August 1, 1972, shall not be considered, for the purpose of this Act, as having been made on or after that day by reason only that the codicil or will is confirmed by a codicil executed on or after that day.

s. 5 — Law of perpetuities unaffected

This Act does not affect the law relating to perpetuities. R.S.1973, c.A-4, s.5

s. 6 — Effect of Act on actions

This Act does not affect a right of action or a defence to an action that is based on the age of a party and that existed on August 1, 1972. R.S.1973, c.A-4, s.6

s. 7 — Effect of Act on period of limitation

The period of limitation in respect of a right of action commences to run on August 1, 1972, in the case of a person who, on August 1, 1972, R.S.1973, c.A-4, s.7

s. 7(a) — Effect of Act on period of limitation

(a) has attained the age of 19 years but has not attained the age of 21 years, and

s. 7(b) — Effect of Act on period of limitation

(b) has a right of action in respect of which the period of limitation applicable to the bringing of the action would have, but for this Act, commenced to run on the person attaining the age of 21 years.

s. 8 — “Minor” described

A person who has not attained the age of 19 years may be described as a minor. R.S.1973, c.A-4, s.9