The following definitions apply in this Act. 2016, c.37, s.180; 2019, c.2, s.137; 2020, c.25, s.105; 2022, c.28, s.51; 2023, c.17, s.256; 2024, c.20, s.5; 2025, c.20, s.6
“action” means a civil proceeding commenced in the manner set out in the regulations and includes a claim, counterclaim and third party claim. (action)
“adjudicator” means an adjudicator appointed under section 56.91 of the Judicature Act.(adjudicateur)
“adjudicator” Repealed: 2024, c.20, s.5
“clerk” means a clerk of the court and includes a deputy clerk.(greffier)
“court” means the Small Claims Court of New Brunswick and includes an adjudicator. (Cour)
“Court of Appeal” means The Court of Appeal of New Brunswick.(Cour d’appel)
“Court of King’s Bench” means The Court of King’s Bench of New Brunswick.(Cour du Banc du Roi)
“Court of Queen’s Bench” Repealed: 2023, c.17, s.256
“deputy clerk” means a deputy clerk of the court.(greffier adjoint)
“deputy registrar” means a deputy registrar of the court.(registraire adjoint)
“Hearing Officer” Repealed: 2025, c.20, s.6
“Minister” means the Minister of Justice and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)
“Registrar” means the Registrar of the court and includes a deputy registrar.(registraire)
This Act binds the Crown in right of the Province.
The purpose of this Act is to provide for the determination of small claims in a simple, expeditious, informal and inexpensive manner with opportunities for settlement at various stages of the process.
There is established a court of record called the Small Claims Court of New Brunswick that shall hear and determine in a summary way all questions of law and fact and may make any decision or order that it considers just and reasonable in the circumstances.
Subject to subsection (5), the court
(a) has jurisdiction in an action for debt or damages, or both, if the amount claimed does not exceed the amount prescribed by regulation,
(b) has jurisdiction in an action for the recovery of possession of personal property if the value of the personal property does not exceed the amount prescribed by regulation, and
(c) has jurisdiction in an action for debt or damages, or both, combined with an action for the recovery of possession of personal property if the combined value of the amount claimed and the value of the personal property does not exceed the amount prescribed by regulation.
For the purposes of paragraph (1)(a), the amount prescribed is inclusive of interest to the date of judgment and exclusive of costs.
For the purposes of paragraph (1)(b), the amount prescribed is exclusive of costs.
For the purposes of paragraph (1)(c),
(a) the amount claimed in the combined value is inclusive of interest to the date of judgment, and
(b) the amount prescribed is exclusive of costs.
The court does not have jurisdiction
(a) in a proceeding with respect to a family matter set out in Schedule A of the Judicature Act,
(b) in an action involving title to land or interest in land,
(c) in an action concerning the entitlement of a person under a will or on an intestacy, or
(d) in an action for libel, slander, breach of promise of marriage, malicious arrest, malicious prosecution or false imprisonment.
A person may not divide a cause of action into two or more actions for the purpose of bringing the actions within the jurisdiction of the court.
A person may abandon any part of a claim or counterclaim in order to bring it within the jurisdiction of the court and shall, in the claim or counterclaim, state the amount that has been abandoned.
2023, c.17, s.2562023, c.17, s.256
An action in the Court of King’s Bench may be transferred to the court with the consent of all the parties or by order of a judge of the Court of King’s Bench, on application of one of the parties, if the action is within the jurisdiction of the court.
An action transferred to the court continues as if it had been commenced in the court.
When a transfer is made under this section, a clerk of the Court of King’s Bench shall forward to a clerk of the court all documents on file with the Court of King’s Bench relating to the action.
2023, c.17, s.2562023, c.17, s.256
If at any time an action involves a matter that is beyond the jurisdiction of the court, the court may order that the matter be transferred to the Court of King’s Bench.
Any party to an action in the court may apply in accordance with the regulations to the Court of King’s Bench to have the matter transferred to that Court and the Court of King’s Bench may order that the matter be transferred.
When a transfer is made under this section, the Court of King’s Bench may, on the terms and conditions it considers appropriate,
(a) continue the matter to completion, or
(b) order the matter to be recommenced, unless any of the parties would be prejudiced by virtue of the expiry of an applicable limitation period under the Limitation of Actions Act or any other Act.
Nothing under paragraph (3)(a) prevents the refiling and exchange of pleadings, the holding of another hearing, or any other step that may be taken in the Court of King’s Bench in respect of that matter.
When a transfer is made under this section, a clerk of the court shall forward all documents on file with the court relating to the matter to a clerk of the Court of King’s Bench.
When a transfer is made under this section and a party had abandoned a part of the party’s claim or counterclaim to bring it within the jurisdiction of the court, that party may, subject to any conditions that the Court of King’s Bench considers appropriate, withdraw the abandonment of that part of the claim or counterclaim and proceed on the entire claim or counterclaim, as the case may be.
2024, c.20, s.5; 2025, c.20, s.6
The court may admit as evidence at a hearing and act on any oral testimony and any document or other thing so long as the evidence is relevant to the subject matter of the hearing.
Subsection (1) applies whether or not the evidence is admissible in any other court.
Nothing is admissible in evidence at a hearing that would be inadmissible by reason of any privilege under the law of evidence.
A copy of a document or any other thing may be admitted as evidence at a hearing if the presiding adjudicator is satisfied as to its authenticity.
The proceedings of the court are not required to be recorded by a stenographer or with a sound or video recording apparatus.
2024, c.20, s.5; 2025, c.20, s.6
An adjudicator may issue a warrant for the apprehension of a person who is served with a summons to witness and who fails to attend court at the time and place stated on the summons if the adjudicator is satisfied that
(a) a summons was served on the person,
(b) a witness allowance prescribed by regulation was offered to the person, and
(c) justice requires the presence of the person.
A sheriff, deputy sheriff or any peace officer may execute the warrant and shall give all assistance to adjudicators in the exercise of the jurisdiction of the court.
If a person named in a warrant attends court voluntarily, the warrant is cancelled.
If the person is brought before the court on a warrant and the person’s evidence is still required, an adjudicator may release the person on conditions set by the adjudicator or order the person to be detained until his or her presence is no longer required.
A person who is served with a summons to witness and who, without lawful excuse, fails to attend court or remain in attendance commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
A certificate, in the form prescribed by regulation, of the adjudicator before whom a person is alleged to have failed to attend or remain in attendance stating that the person failed to attend or remain in attendance is admissible in evidence and is proof, in the absence of evidence to the contrary, of the fact, without proof of the appointment, authority or signature of the adjudicator purporting to have signed the certificate.
2024, c.20, s.5; 2025, c.20, s.6
A person at a hearing before an adjudicator who, without lawful excuse, does any of the following commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence:
(a) refuses to be sworn, or to affirm or to answer a question;
(b) fails or refuses to produce a record, document or other thing required in a summons to witness served on the person; or
(c) fails to obey a direction of the adjudicator.
A certificate, in the form prescribed by regulation, of the adjudicator before whom a person is alleged to have refused or failed to do any of the acts described in paragraphs (1)(a) to (c), stating that the person has refused or failed to do any of the acts so described is admissible in evidence and is proof, in the absence of evidence to the contrary, of the fact, without proof of the appointment, authority or signature of the adjudicator purporting to have signed the certificate.
A procedural error, including failure to comply with this Act or the regulations under this Act for the conduct of a proceeding, shall be treated as an irregularity, and the court shall permit all necessary amendments or grant other relief at any stage in the proceeding, on proper terms, to secure the just determination of the matters in dispute between the parties.
In any matter of procedure not provided for by this Act or the regulations, the court may give directions.
2023, c.17, s.256
A judgment of the court or an order of the court may be filed with the Court of King’s Bench 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.
A judgment or order of the court that is filed with the Court of King’s Bench may be set aside
(a) by a subsequent order of the court filed in the Court of King’s Bench, or
(b) by an order of a judge of the Court of King’s Bench.
2024, c.20, s.5; 2025, c.20, s.62023, c.17, s.256; 2024, c.20, s.5; 2025, c.20, s.6
Repealed: 2024, c.20, s.5
Repealed: 2024, c.20, s.5
Repealed: 2024, c.20, s.5
Repealed: 2024, c.20, s.5
Repealed: 2024, c.20, s.5
Repealed: 2024, c.20, s.5
Repealed: 2024, c.20, s.5
An adjudicator shall preside over every sitting of the court.
An adjudicator has the authority to act throughout the Province.
Repealed: 2024, c.20, s.5 2024, c.20, s.5Repealed: 2024, c.20, s.5 2023, c.17, s.256; 2024, c.20, s.5
2023, c.17, s.256A party may appeal a decision of an adjudicator to the Court of King’s Bench in accordance with the regulations. 2023, c.17, s.256; 2024, c.20, s.5; 2025, c.20, s.6
A party may, with the leave of a judge of the Court of Appeal, appeal a decision of the Court of King’s Bench to the Court of Appeal in accordance with the regulations. 2023, c.17, s.256
An appeal to the Court of King’s Bench or to the Court of Appeal does not operate as a stay of any enforcement proceedings, unless a judge of the Court of King’s Bench or a judge of the Court of Appeal otherwise directs. 2023, c.17, s.256
Repealed: 2026, c.8, s.21 2026, c.8, s.21Repealed: 2026, c.8, s.21 2024, c.20, s.5; 2025, c.20, s.6; 2026, c.8, s.21
Repealed: 2026, c.8, s.21 2026, c.8, s.21Repealed: 2026, c.8, s.21 2024, c.20, s.5; 2025, c.20, s.6; 2026, c.8, s.21
Repealed: 2026, c.8, s.21 2026, c.8, s.21Repealed: 2026, c.8, s.21 2023, c.17, s.256; 2024, c.20, s.5; 2025, c.20, s.6; 2026, c.8, s.21
Repealed: 2026, c.8, s.21 2026, c.8, s.21Repealed: 2026, c.8, s.21 2023, c.17, s.256; 2024, c.20, s.5; 2025, c.20, s.6; 2026, c.8, s.21
Repealed: 2026, c.8, s.21 2026, c.8, s.21Repealed: 2026, c.8, s.21 2026, c.8, s.21
Repealed: 2026, c.8, s.21 2026, c.8, s.21Repealed: 2026, c.8, s.21 2023, c.17, s.256; 2024, c.20, s.5; 2025, c.20, s.6; 2026, c.8, s.21
Repealed: 2026, c.8, s.21 2026, c.8, s.21Repealed: 2026, c.8, s.21 2024, c.20, s.5; 2025, c.20, s.6; 2026, c.8, s.21
Repealed: 2026, c.8, s.21 2024, c.20, s.5; 2025, c.20, s.6; 2026, c.8, s.21Repealed: 2026, c.8, s.21 2024, c.20, s.5; 2025, c.20, s.6; 2026, c.8, s.21
Repealed: 2026, c.8, s.21 2026, c.8, s.21Repealed: 2026, c.8, s.21 2026, c.8, s.21
2023, c.17, s.256
The Registrar and deputy registrars of the Court of King’s Bench are, by virtue of the office, the Registrar and deputy registrars of the court.
The Registrar and deputy registrars shall have and perform the duties prescribed by this Act and the regulations.
The Registrar shall interpret legal procedural matters to ensure uniformity of practice in the court by the clerks and deputy clerks.
2023, c.17, s.256
The clerks and deputy clerks of the Court of King’s Bench are, by virtue of the office, the clerks and deputy clerks of every judicial district of the court.
The clerks and deputy clerks shall have and perform the duties prescribed by this Act and the regulations.
A clerk is entitled to receive on behalf of the Province the fees that are prescribed by regulation.
A certified copy of the judgment or order of the court, signed by a clerk or deputy clerk, is admissible in evidence and is proof, in the absence of evidence to the contrary, of its contents, without proof of the appointment, authority or signature of the person purporting to have signed the copy.
No action or other proceeding lies or shall be instituted against the Registrar, a deputy registrar, a clerk or a deputy clerk or any other person for any act done in good faith in the execution or intended execution of the person’s duty.
Subsection (1) does not apply to prevent an application for judicial review.
The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
The Lieutenant-Governor in Council may make regulations 2023, c.17, s.256; 2024, c.20, s.5; 2025, c.20, s.6; 2026, c.8, s.21
(a) prescribing an amount for the purposes of paragraph 5(1)(a);
(b) prescribing an amount for the purposes of paragraph 5(1)(b);
(c) prescribing an amount for the purposes of paragraph 5(1)(c);
(d) prescribing forms to be used for the purposes of this Act and the regulations;
(e) respecting the pleading, practice and procedure in the court, including, but not limited to, the costs that may be awarded and the mediation of actions;
(f) respecting transfers from the court to the Court of King’s Bench or any other court, including the circumstances under which an application for a transfer may be made;
(g) respecting transfers to the court from any other court, including the circumstances under which an application for a transfer may be made;
(h) respecting appeals, including, but not limited to, the pleading, practice and procedure on appeal, limiting the right of appeal, the rules of evidence on appeal and the costs that may be awarded on appeal;
(i) respecting the setting aside of a judgment or order of the court, including one that is filed in the Court of King’s Bench;
(j) prescribing judicial districts;
(k) prescribing the time and place for sittings of the court;
(l) prescribing the form, content and manner of maintenance of records of the court, the place or places at which or the length of time for which they are to be maintained and providing for their destruction and disposal;
(m) prescribing the duties, powers and authority of the court, the adjudicators, the Registrar, the deputy registrars, the clerks and the deputy clerks;
(n) Repealed: 2026, c.8, s.21
(o) prescribing fees for the purposes of this Act and the regulations;
(p) waiving all or part of a fee and prescribing the circumstances under which a fee or part of a fee may be waived;
(q) prescribing the rate of interest a judgment is to bear;
(r) respecting the awarding or calculation of prejudgment interest;
(s) prescribing witness allowances;
(t) respecting any matter that the Lieutenant-Governor in Council considers necessary or desirable to carry out the intent and purpose of this Act.
(i) in paragraph (1)
(ii) in paragraph (3) by striking out “a proceeding in the Court of Queen’s Bench” and substituting “a proceeding in the Court of Queen’s Bench or the Small Claims Court”.