In this Act R.S., c.126, s.1
“crops” means the products of the soil, and without limiting the generality of the foregoing, includes all sorts of grain, grass, hay, hops, fruit, pulse, potatoes, beets, turnips and other products of the soil;(récoltes)
“landlord” includes every lessor, every owner, every person giving or permitting the occupation of land, and their respective successors in title;(propriétaire)
“mines and minerals” includes any strata or seam of minerals or substances in or under any land and powers of working and getting the same, but not an undivided share thereof.(mines et minéraux)
R.S., c.126, s.2
Rent reserved by a lease, and the benefit of every covenant or provision therein contained relating to the leased premises and on the tenant’s part to be observed or performed, and every condition of re-entry and other condition therein contained, shall be annexed and incident to and shall go with the reversionary estate in the land, or in any part thereof, immediately expectant on the term granted by the lease, notwithstanding severance of that reversionary estate.
Any such rent, covenant or provision shall be capable of being recovered, received, enforced, and taken advantage of by the person from time to time entitled, subject to the term, to the income of the whole or any part, as the case may require, of the land leased.
Where that person becomes entitled by conveyance or otherwise, such rent, covenant or provision may be recovered, received, enforced or taken advantage of by him notwithstanding that he becomes so entitled after the condition of re-entry or forfeiture has become enforceable, but this subsection does not render enforceable any condition of re-entry or other condition, waived or released before such person becomes so entitled.
This section applies to leases made before or after the commencement of this Act, but does not affect the operation of
(a) any severance of the reversionary estate, or
(b) any acquisition by conveyance or otherwise of the right to receive or enforce any rent, covenant or provision,
R.S., c.126, s.3
The obligation under a condition or of a covenant entered into by a landlord relating to his leased premises shall, if and as far as the landlord has power to bind the reversionary estate immediately expectant on the term granted by the lease, be annexed and incident to and shall go with that reversionary estate, or the several parts thereof, notwithstanding severance of that reversionary estate, and may be taken advantage of and enforced by the person in whom the term is for the time being vested by conveyance, devolution in law, or otherwise; and, if and as far as the landlord has power to bind the person from time to time entitled to that reversionary estate, the obligation may be taken advantage of and enforced against any person so entitled.
This section applies to leases made before or after the commencement of this Act, whether the severance of the reversionary estate was effected before or after such commencement.
This section takes effect without prejudice to any liability affecting a covenantor or his estate.
Notwithstanding the severance by conveyance, surrender or otherwise of the reversionary estate in any land comprised in a lease, and notwithstanding the avoidance or cesser in any other manner of the term granted by a lease as to part only of the land comprised therein, every condition or right of re-entry and every other condition contained in the lease shall be apportioned, and shall remain annexed to the severed parts of the reversionary estate as severed, and shall be in force with respect to the term whereon each severed part is reversionary, or the term in any land that has not been surrendered or as to which the term has not been avoided or has not otherwise ceased, in like manner as if the land comprised in each severed part, or the land as to which the term remains subsisting, as the case may be, had alone originally been comprised in the lease. R.S., c.126, s.4
Where a reversion expectant on a lease of land is surrendered or merged, the estate or interest that as against the tenant for the time being confers the next vested right to the land shall be deemed the reversion for the purpose of preserving the same incidents and obligations as would have affected the original reversion if there had been no surrender or merger thereof. R.S., c.126, s.5
R.S., c.126, s.6
Subject to the express terms of any lease, or of any valid and subsisting covenant, agreement or stipulation affecting the tenancy,
(a) every tenant for years and every tenant for life is liable to his landlord and to every other person for the time being having a reversionary interest in the leased premises for voluntary waste and for permissive waste in respect of the premises to the extent by which the interest of the landlord and other persons, if any, having a reversionary interest in the premises is detrimentally affected thereby; and
(b) every tenant at will is liable to his landlord and every other person having a reversionary interest in the leased premises for voluntary waste in respect of the premises to the extent by which the interest of the landlord and other persons, if any, having a reversionary interest in the premises is detrimentally affected thereby.
Every landlord and every person having a reversionary interest in any leased premises is entitled, in respect of any waste by a tenant in respect of the premises, in an action brought in a Court of competent jurisdiction to obtain damages or an injunction or both.
R.S., c.126, s.7
Where in the intended exercise of a power of leasing, whether conferred by a statute or by any other instrument, a lease, in this section referred to as an invalid lease, is granted that by reason of any failure to comply with the terms of the power is invalid, then
(a) as against the person entitled after the determination of the interest of the grantor to the reversion, or
(b) as against any other person who, subject to any lease properly granted under the power, would have been entitled to the land comprised in the lease,
Where a lease granted in the intended exercise of a power is invalid by reason of the grantor not having power to grant the lease at the date thereof, but the grantor’s interest in the land comprised therein continues after the time when he might, in the exercise of the power, have properly granted a lease in the like terms, the lease shall take effect as a valid lease in like manner as if it had been granted at that date.
Where during the continuance of the possession taken under an invalid lease the person for the time being entitled, subject to such possession, to the land comprised therein or to the rents and profits thereof, is able to confirm the lease without variation, the lessee, or other person who would have been bound by the lease had it been valid, shall, at the request of the person so able to confirm the lease, be bound to accept a confirmation thereof, and thereupon the lease shall have effect and be deemed to have had effect as a valid lease from the grant thereof.
Confirmation under subsection (3) may be by a memorandum in writing signed by or on behalf of the persons respectively confirming and accepting the confirmation of the lease.
Where a receipt or a memorandum in writing confirming the invalid lease is, upon or before the acceptance of rent thereunder, signed by or on behalf of the person accepting the rent, that acceptance shall, as against that person, be deemed to be a confirmation of the lease.
The foregoing provisions of this section do not affect prejudicially
(a) any right of action or other right or remedy to which, but for those provisions or any enactment replaced by those provisions, the lessee named in an invalid lease would or might have been entitled under any covenant on the part of the grantor for title or quiet enjoyment contained therein or implied thereby; or
(b) any right of re-entry or other right or remedy to which, but for those provisions or any enactment replaced thereby, the grantor or other person for the time being entitled to the reversion expectant on the termination of the lease, would or might have been entitled by reason of any breach of the covenants, conditions or provisions contained in the lease and binding on the lessee.
Where a valid power of leasing is vested in or may be exercised by a person who grants a lease that, by reason of the determination of the interest of the grantor or otherwise, cannot have effect and continuance according to the terms thereof independently of the power, the lease shall for the purposes of this section be deemed to have been granted in the intended exercise of the power although the power is not referred to in the lease.
This section takes effect without prejudice to the provision in this Act for the grant of leases in the name and on behalf of the estate owner of the land affected.
In every lease in writing whenever made, unless it is otherwise agreed, and in every lease by parol there shall be implied an agreement that if the rent reserved, or any part thereof, remains unpaid for fifteen days after any of the days on which the same ought to have been paid, although no formal demand thereof has been made, the landlord may, at any time thereafter, into and upon the demised premises, or any part thereof in the name of the whole, re-enter and the same have again, re-possess and enjoy as of his former estate. R.S., c.126, s.8
In every lease whenever made there shall be implied an agreement that if the tenant or any other person is convicted of keeping a common bawdy house, within the meaning of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, on the demised premises, or any part thereof, the landlord may at any time thereafter, into the demised premises, or any part thereof, re-enter and the same have again, re-possess and enjoy as of his former estate. R.S., c.126, s.9
R.S., c.126, s.10
Where a licence is granted to a tenant to do any act, the licence, unless otherwise expressed, extends only
(a) to the permission actually given,
(b) to the specific breach of any provision or covenant referred to, or
(c) to any other matter thereby specifically authorized to be done,
Notwithstanding any such licence,
(a) all rights under covenants and powers of re-entry contained in the lease remain in full force and are available as against any subsequent breach of covenant, condition or other matter not specifically authorized or waived, in the same manner as if no licence had been granted, and
(b) the condition or right of re-entry remains in force in all respects as if the licence had not been granted, save in respect of the particular matter authorized to be done.
Where in a lease there is a power or condition of re-entry on the tenant assigning, subletting or doing any other specified act without a licence, and a licence is granted
(a) to any one of two or more tenants to do an act, or to deal with his equitable share or interest, or
(b) to a tenant, or to any one of two or more tenants to assign or underlet part only of the property, or to do an act in respect of part only of the property,
This section does not authorize the grant of a licence to create an undivided share in a legal estate.
R.S., c.126, s.11; 1979, c.41, s.72; 2023, c.17, s.133
In every lease containing a covenant, condition or agreement against assigning, subletting, or parting with the possession, or disposing of the land leased without licence or consent, such covenant, condition or agreement shall, unless the lease contains an express provision to the contrary, be deemed to be subject
(a) to a proviso to the effect that such licence or consent shall not be unreasonably withheld, and
(b) to a proviso to the effect that no fine or sum of money in the nature of a fine shall be payable for or in respect of such licence or consent, but this proviso does not preclude the right to require the payment of a reasonable sum in respect of any legal or other expense incurred in relation to such licence or consent.
Where the landlord refuses or neglects to give a licence or consent to assign or sublet, a judge of The Court of King’s Bench of New Brunswick, upon the application of the tenant, or assignee or subtenant, may make an order determining whether or not such licence or consent is unreasonably withheld and, where it is so withheld, permitting the assignment or sublease to be made, and such order shall be the equivalent of the licence or consent of the landlord within the meaning of any covenant or condition requiring the same, and such assignment or sublease shall not be a breach thereof.
Every tenant to whom there is delivered any process of a Court for the recovery of premises demised to or held by him, or to whose knowledge any such process comes, shall forthwith give notice thereof to his landlord or his agent, and if he fails to so do, he shall be answerable for all damages sustained by the landlord by reason of the failure to give the notice. R.S., c.126, s.12
“lease” includes every agreement in writing, and every parol agreement whereby one person as landlord confers upon another person as tenant the right to occupy land and every sublease and every agreement for a sublease and every assurance whereby any rent is secured by condition;(bail)
“mining lease” means a lease for mining purposes, which purposes include the searching for, working, getting, making merchantable, smelting or otherwise converting or working for the purposes of any manufacture, carrying away or disposing of mines or materials, and substances in, on or under the land, obtainable by underground or by surface working or purposes connected therewith and includes a grant or licence for mining purposes;(bail minier)
“tenant” includes every lessee, occupant, subtenant and his assigns and legal representatives.(locataire)
R.S., c.126, s.14
A right of re-entry or forfeiture under any proviso or stipulation in a lease for a breach of any covenant or condition in the lease, other than a proviso in respect of the payment of rent, shall not be enforceable in any case in which the breach is capable of remedy or of being compensated by money payment, unless and until
(a) the landlord serves on the tenant a notice specifying the particular breach, and requiring the tenant to remedy or to make compensation in money for the breach, and
(b) the tenant fails, within a reasonable time after the service of the notice, to remedy the breach, or to make compensation in money to the satisfaction of the landlord for the breach.
Where a landlord is proceeding by action or otherwise to enforce a right of re-entry or forfeiture, whether for non-payment of rent or for other cause, the tenant may in the landlord’s action, or if there is no such action pending then in an action brought by himself, apply to the Court for relief, and the Court may grant such relief as, having regard to the proceedings and conduct of the parties under the foregoing provisions of this section and to all the other circumstances, the Court thinks fit, and on such terms as to payment of rent, costs, expenses, damages, compensation, penalty, or otherwise, including the granting of an injunction to restrain any like breach in the future, as the Court may deem just.
This section applies, whether the proviso or stipulation under which the right of re-entry or forfeiture accrues is inserted in the lease or is implied therein.
For the purposes of this section a lease limited to continue as long as the tenant abstains from committing a breach of covenant shall be and take effect as a lease to continue for any longer term for which it could subsist, but determinable by a proviso for re-entry on such a breach.
Where the action is brought to enforce a right of re-entry or forfeiture for non-payment of rent and the tenant, at any time before judgment, pays into court all the rent in arrear and the costs of the action, the cause of action shall be at an end.
Where relief is granted under this section the tenant shall hold and enjoy the demised premises according to the lease thereof made without any new lease.
Where the right of re-entry or forfeiture is in respect of a breach of a covenant or condition to insure, relief shall not be granted if at the time of the application for relief there is not a policy of insurance in force in conformity with the covenant or condition to insure, except upon, in addition to any other terms that the Court may impose, the term that the insurance is effected.
This section applies to leases made either before or after the commencement of this Act, notwithstanding any stipulation to the contrary.
This section does not extend
(a) to a covenant or condition against the assigning, underletting, parting with the possession, or disposing of the land leased;
(b) in the case of a mining lease, to a covenant or condition for allowing the landlord to have access to or inspect books, accounts, records, weighing machines or other things, or to enter or inspect the mine or the workings thereof; or
(c) to a condition for forfeiture on the bankruptcy of the tenant or on the taking in execution of the lessee’s interest if contained in
(i) a lease of agricultural or pastoral land,
(ii) a mining lease,
(iii) a lease of a house let as a dwelling-house with the use of any furniture, books, works of art or other chattels not being in the nature of fixtures, or
(iv) a lease of land with respect to which the personal qualifications of the tenant are of importance for the preservation of the value or character of the property, or on the ground of neighbourhood to the landlord, or to any person holding under him.
If the whereabouts of the tenant cannot be ascertained after reasonable enquiry, or if the tenant is evading service, the notice referred to in subsection (1) may be served on the tenant by leaving it at the place of residence of the tenant with any adult person for the time being in charge thereof, and if the premises are unoccupied, the notice may be served by posting up the same in a conspicuous manner upon some part of the demised premises.
Where a landlord is proceeding by action or otherwise to enforce a right of re-entry or forfeiture under any covenant, proviso or stipulation in a lease or for non-payment of rent, the Court, on application by a person claiming as subtenant any estate or interest in the property comprised in the lease or any part thereof, either in the landlord’s action if any, or in any action brought or summary application made to the Court by such person for that purpose, may make an order vesting for the whole term of the lease or any less term the property comprised in the lease, or any part thereof, in any person entitled as subtenant to any estate or interest in such property upon such conditions, as to execution of any deed or other document, payment of rent, costs, expenses, damages, compensation, giving security or otherwise, as the Court in the circumstances of each case thinks fit, but in no case shall the subtenant be entitled to require a lease to be granted to him for any longer term than he had under his original sublease. R.S., c.126, s.15
Where a landlord is proceeding by action to enforce a right of re-entry or forfeiture under any covenant, proviso or stipulation in a lease, every person claiming any right, title or interest in the demised premises under the lease, if it be known to the landlord that he claims such right or interest, or if the instrument under which he claims is registered in the registry office of the county wherein the demised premises are situate, shall be made a party to the action. R.S., c.126, s.16
Where the actual waiver by a lessor or the persons deriving title under him of the benefit of any covenant or condition in a lease is proved to have taken place in a particular instance, such waiver shall not, unless a contrary intention appears, be deemed to extend to any instance, or to any breach of covenant or condition save that to which such waiver specially relates, nor operate as a general waiver of the benefit of any such covenant or condition. R.S., c.126, s.17
R.S., c.126, s.18; 1983, c.44, s.1; 1984, c.47, s.1; 2023, c.17, s.133
Unless it is otherwise expressly provided in the lease a covenant by a tenant for payment of taxes shall not be deemed to be an obligation to pay taxes assessed for local improvements, or drainage or irrigation rates.
Where taxes payable by a landlord in any year on non-residential property under lease, licence or permit to a tenant exceed the taxes payable in the base taxation year, the landlord may, notwithstanding any terms to the contrary contained in the lease, licence or permit, add to the annual rent for the current year fixed in the lease, licence or permit for the non-residential property an amount being the difference between the taxes payable in the base taxation year on or applicable to the non-residential property and the taxes payable in the current taxation year on or applicable to the non-residential property and the tenant shall pay such amount in addition to the annual rent fixed for the current year in the lease, licence or permit.
Where taxes payable by a landlord in any year on non-residential property under lease, licence or permit to a tenant are less than the amount payable in the base taxation year, the landlord shall, notwithstanding any terms to the contrary contained in the lease, licence or permit, decrease the annual rent fixed for that year in the lease, licence or permit for the non-residential property in an amount being the difference between the taxes payable in the base taxation year on or applicable to the non-residential property and the taxes payable in the current taxation year on or applicable to the non-residential property.
Where there is more than one tenant under subsection (2) or (3), the amount of the increase or decrease in the annual rent of each tenant shall be equal to the portion of the increase or decrease in taxes attributable to that part of the non-residential property used or occupied by such tenant and to the improvements made by such tenant.
A notice may be given to a tenant under subsection (6) by
(a) giving it to the tenant personally,
(b) giving it to an agent or employee of the tenant upon the premises,
(c) posting it in a conspicuous place upon some part of the premises, or
(d) sending it by registered mail to the tenant, in which case it is deemed to have been given on the third day after the date of mailing.
Where a landlord or tenant fails to comply with this section, the tenant or landlord may make application to a judge of The Court of King’s Bench of New Brunswick in the judicial district in which the non-residential property is located for an order directing the landlord or tenant to comply with this section.
In this section, “non-residential property” means non-residential property as defined in the Assessment Act.
R.S., c.126, s.19
Subject to any express agreement to the contrary, sufficient notice to quit shall be deemed to have been given if there is given,
(a) in the case of a weekly tenancy, a week’s notice ending with the week,
(b) in the case of a monthly tenancy, a month’s notice ending with the month,
(c) in the case of a tenancy from year to year, three months notice ending, in the case of a tenancy originally from year to year, with an anniversary of the last day of the first year thereof, and in the case of all other tenancies from year to year, with an anniversary of the last day of the original tenancy,
In case a tenant, upon the determination of his lease, whether created by writing or by parol, remains in possession with the consent, express or implied, of the landlord, he shall be deemed to be holding subject to the terms of the lease, so far as they are applicable.
In case the tenancy created by the lease was neither a weekly nor a monthly tenancy nor a tenancy from year to year, the overholding tenant shall be deemed to be holding as a tenant from year to year.
Where any rent is payable or reserved by virtue of any deed, transfer or other assurance, or by will, and there exists no express right of distress for the recovery thereof, the person entitled to receive the rent shall have the same right of distress for the recovery thereof as if the same were rent reserved upon lease. R.S., c.126, s.20
Upon the determination of a lease the person entitled as landlord to receive any rent made payable thereby may at any time R.S., c.126, s.21
(a) within six months next after the determination of the lease,
(b) within such six months during the continuance of the landlord’s interest, and
(c) within such six months during the possession of the tenant from whom the rent became due,
A person entitled to any rent or land for the life of another may recover by action or distress the rent due and owing at the time of the death of the person for whose life such rent or land depended as he might have done if the person by whose death the estate in such rent or land determined had continued in life. R.S., c.126, s.22
R.S., c.126, s.23
No person shall take under distress more goods than are reasonably sufficient to satisfy the rent in arrear and the costs of the distress.
Where chattels are distrained for rent due, the person making the distress shall not be liable to any action for excessive distress, if within seven days after the making of the distress he abandons the excess and thereafter holds under the distress no more chattels than are reasonably necessary to satisfy the rent due with the costs of the distress.
No distress for rent shall be made at any time in the interval between six o’clock in the afternoon and eight o’clock in the following morning. R.S., c.126, s.24
Save as herein otherwise provided, goods or chattels that are not at the time of the distress upon the premises in respect of which the rent distrained for is due shall not be distrained for rent. R.S., c.126, s.25
The landlord may take under a distress for rent any horses, cattle, sheep, swine, poultry, fowl, livestock, and other domestic animals that are grazing, pasturing or feeding upon any highway or road allowance, or upon any way belonging or appertaining to the premises in respect of which the rent distrained for is payable. R.S., c.126, s.26
Where a tenant of land held under any kind of tenancy, under which rent is payable, fraudulently or clandestinely removes or causes to be removed from the land so held by him, at a time when there are any arrears of rent payable in respect thereof that are recoverable by distress, any goods or chattels liable to such distress with intent to prevent the landlord from distraining the same for arrears of rent so payable, the landlord or any person by him duly authorized may, within thirty days next after such removal, take and seize as a distress for such arrears any goods and chattels so removed, wherever the same are found, except any such goods and chattels that have been sold or mortgaged for valuable consideration before the seizure to a person not having notice of the fraudulent or clandestine removal, and may sell or otherwise dispose of the goods and chattels so taken in such manner as if the same had actually been distrained by the landlord for arrears of rent upon the premises from which the same had been so removed. R.S., c.126, s.27
R.S., c.126, s.28
Every person lawfully charged with the duty of executing a warrant of distress for rent, who has reason to believe that any goods or chattels have been fraudulently or clandestinely removed for the purpose of preventing the landlord from distraining the same, and that the said goods are in any building, yard, enclosure or place in such circumstances as to prevent them from being taken or seized as a distress for arrears of rent, shall be entitled at any time between eight o’clock in the morning and six o’clock in the afternoon to enter into and upon the building, yard, enclosure or place and every part thereof for the purpose of searching for any goods and chattels so removed and to seize any such goods and chattels there found for arrears of rent as he might have done if they were in an open field or place upon the premises from which they were removed, and for that purpose to obtain entry upon and access to the premises by breaking or removing any doors or any locks or other fastenings whereby such entry and access is hindered.
In case any person encounters any resistance in doing any of the acts and things that he is authorized by subsection (1) to do, he may call upon any peace officer to assist him in overcoming that resistance, and such person in the presence of a peace officer and the peace officer are each empowered to use such force as is reasonably necessary for the purpose of overcoming that resistance.
A tenant and every other person who fraudulently or clandestinely removes any goods and chattels for the purpose of preventing the landlord from distraining the same for arrears of rent, and every person who wilfully and knowingly aids or assists him in so doing or in concealing any goods or chattels so removed, is liable to the landlord for double the value of the said goods which amount shall be recoverable by action in any court of competent jurisdiction. R.S., c.126, s.29
A landlord may take under a distress for rent any sheaves or cocks of grain, or grain loose, or in the straw, or hay, lying or being in any barn or granary or otherwise upon any part of the land charged with such rent. R.S., c.126, s.30
A landlord may take growing crops as a distress for rent. R.S., c.126, s.31
R.S., c.126, s.32
A landlord who takes growing crops as a distress for rent, may cut, gather, cure, thresh, carry and lay up the same, when ripe, in the barns or other proper place on the demised premises, and if there is no barn or proper place on the demised premises, then in any other barn or proper place that the landlord hires or otherwise procures for that purpose as near as may be to the premises, and may in convenient time sell or otherwise dispose of the same towards satisfaction for the rent for which such distress is made, and of the charge of such distress and sale in the same manner as other goods and chattels may be seized, distrained and disposed of; and the appraisement thereof shall be taken when cut, gathered, made, cured or threshed, as the case may be, and not before.
Notice of the place where the goods and chattels so distrained are lodged or deposited shall, within one week after the lodging or depositing thereof, be given to the tenant or left at his last place of abode.
If, after a distress of growing crops so taken for arrears of rent, and at any time before the same are ripe and cut, cured, threshed or gathered, the tenant pays to the landlord for whom the distress is taken the whole rent then in arrear, with the full costs and charges of making such distress and occasioned thereby, then, upon such payment or lawful tender thereof, the distress shall cease.
R.S., c.126, s.33
Notwithstanding the provisions of section 32, where growing crops are distrained for rent they may, at the option of the landlord, be advertised and sold in the same manner as other goods, and it shall not be necessary for the landlord to reap, thresh, gather or market the same.
Any person purchasing growing crops at such sale shall be liable for the rent of the land, upon which the same are growing at the time of the sale, from such time until the same are removed, unless the rent has been paid or has been collected by the landlord, or has been otherwise satisfied, and the rent shall, as nearly as may be, be the same as that which the tenant whose goods were sold was to pay, having regard to the quantity of land, and to the time during which the purchaser occupies it.
R.S., c.126, s.34; 1954, c.51, s.1; 1979, c.41, s.72; 1980, c.32, s.16; 1990, c.61, s.70; 1993, c.36, s.7; 2008, c.45, s.10; 2013, c.32, s.19; 2023, c.17, s.133
In this section
“collateral” means personal property in which a security interest has been taken;(bien grevé)
“perfected” has the same meaning as in the Personal Property Security Act;(parfait)
“proceeds” means proceeds as defined in the Personal Property Security Act;(produit)
“purchase money security interest” means(sûreté en garantie du prix d’achat)
(a) a security interest taken in collateral to the extent that it secures payment of all or part of its purchase price and the credit charges for the purchase, and
(b) a security interest taken in collateral by a person who gives value for the purpose of enabling the tenant to acquire rights in the collateral, to the extent that the value is applied to acquire the rights, and value includes interest, credit costs and other charges payable,
“security interest” means an interest in personal property that secures payment or performance of an obligation.(sûreté)
A landlord shall not distrain for rent the personal property of a person except that of the tenant, but this restriction does not apply where the personal property is claimed by a person other than the tenant
(a) by virtue of any purchase, gift, transfer or assignment from the tenant, whether absolute or in trust,
(b) who is the spouse, daughter, son, daughter-in-law or son-in-law of the tenant, or by any other relative of the tenant, if the other relative lives on the premises in respect of which the rent distrained for is payable as a member of the tenant’s household,
(c) where the personal property has been exchanged between the tenant and another person, or has been borrowed by the one from the other, for the purpose of defeating the claim of or the right of distress by the landlord, or
(d) who is a subtenant subject to the provisions hereinafter set forth.
A landlord’s distress has priority over a security interest in the goods of the tenant other than a purchase money security interest in goods or proceeds of those goods that is perfected at the date of distress.
A landlord’s distress has priority over a judgment registered in the Personal Property Registry in accordance with the Enforcement of Money Judgments Act if the landlord distrains before the sheriff seizes the tenant’s property.
If a superior landlord levies a distress on any furniture, goods, or chattels of a lodger for any rent due and in arrear to such superior landlord by his immediate tenant, such lodger may
(a) serve such superior landlord, or the bailiff or other person employed by him to levy such distress, with a declaration in writing made by such lodger, setting forth that such immediate tenant has no right of property or beneficial interest in the furniture, goods or chattels so distrained or threatened to be distrained upon, and that such furniture, goods or chattels are the property of the lodger, and also setting forth what amount by way of rent, board or otherwise is due from the lodger to his immediate landlord, and to such declaration shall be annexed a correct inventory of the furniture, goods and chattels referred to therein;
(b) pay to the superior landlord, or to the bailiff or other person employed by him, the amount, if any, so due by him, or so much thereof as is sufficient to discharge the claim of the superior landlord, and any such payment made by a lodger shall be deemed a valid payment on account of any rent or board due from him to his immediate landlord.
Where after being served with such declaration and inventory and after the lodger has paid or tendered the amount of any that such lodger is herein authorized to pay, the superior landlord, bailiff or other person proceeds with a distress on the furniture, goods or chattels of the lodger, he shall be deemed guilty of an illegal distress.
Either the superior landlord or the lodger may apply to a judge of The Court of King’s Bench of New Brunswick, for an order declaring the right to such furniture, goods and chattels, and the judge shall inquire into the truth of such declaration and inventory, and shall make such order for recovery of the furniture, goods and chattels, or otherwise, as to him seems just.
In any action for damages for illegal distress brought against a superior landlord by a lodger the truth of the declaration and inventory may be inquired into.
Repealed: 1990, c.61, s.70
R.S., c.126, s.35; 1977, c.M-11.1, s.11
Any goods or chattels taken in distress for rent may be impounded or otherwise secured either upon the premises chargeable with the rent or some part thereof, or in some other suitable and convenient place situate within fifteen kilometres of the premises chargeable with the rent, and the same may be appraised, sold and disposed of upon the premises in which they are so impounded or secured.
It is lawful for any person to come and go to and from any place at which a distress for rent is so impounded and secured, to view, appraise, and buy and to carry off or remove the same on account of the purchaser thereof.
R.S., c.126, s.36
Where any goods or chattels are distrained for rent and the tenant does not replevy the same within five days next after notice in writing of the distress, in the form prescribed by regulation setting out the cause of the taking together with an inventory of the goods so distrained, has been posted upon a conspicuous place at the premises in respect of which the rent is payable and in case the distress is impounded elsewhere, at the place of impoundment, then, after the expiration of the said five days, the person distraining shall cause the goods and chattels so distrained to be appraised by two appraisers.
Before making any appraisement the appraisers shall each be sworn to appraise the goods taken in distress truly, according to the best of their understanding, and a memorandum of the said oath shall be endorsed on the inventory.
After the appraisement has been made, the person so distraining may by public auction or by private sale sell the goods and chattels so distrained for the best price that can be got for the same towards satisfaction of the rent for which the same were distrained, and of the costs of such distress, appraisement and sale, and shall hold the overplus, if any, for use of the person lawfully entitled thereto and pay the same over to him on demand. R.S., c.126, s.37
R.S., c.126, s.38
A tenant may set-off against rent due a debt due to him by the landlord, in which case he shall give notice in writing of the claim of set-off in the form prescribed by regulation, which notice may be given before or after seizure.
Upon the giving of any such notice the landlord shall be entitled to distrain or to proceed with the distress, as the case may be, for the balance of the rent due after deducting the amount of the debt mentioned in the notice that is due and owing by the landlord to the tenant.
The notice may be served either personally upon the landlord or upon any other person authorized to receive the rent on his behalf or by leaving it with a grown-up person on and apparently residing in the premises occupied by the landlord or other person authorized to receive the rent.
No notice given under this section shall be rendered invalid for any want of form.
Repealed: 2013, c.32, s.19 R.S., c.126, s.39; 1979, c.41, s.72; 2013, c.32, s.19
Repealed: 2013, c.32, s.19 R.S., c.126, s.40; 2013, c.32, s.19
Where a distress is made for any kind of rent due, and any irregularity shall afterwards be done by the person distraining, or by his agent, or if there has been an omission to make the appraisement under oath, the distress itself shall not therefore be deemed to be unlawful, nor the person making it be deemed a trespasser ab initio, but the person aggrieved by the irregularity may recover by action full satisfaction for the special damage sustained thereby. R.S., c.126, s.41
R.S., c.126, s.42
Subject to section 23, a distrainer who makes an excessive distress, or makes a distress wrongfully, shall be liable in damages to the owner of the goods or chattels distrained.
Where a distress and sale are made for rent pretended to be in arrear and due when, in truth, no rent is in arrear or due to the person distraining, or to the person in whose name or right such distress is made, the owner of the goods or chattels distrained and sold, his executors or administrators shall be entitled, by action to be brought against the person so distraining, to recover full satisfaction for the damage sustained by the distress and sale.
R.S., c.126, s.43; 1979, c.41, s.72; 2005, c.13, s.7; 2023, c.17, s.133
Where an order is made for the winding-up of an incorporated company, or a receiving order in bankruptcy or authorized assignment is made against or by a tenant, then the right of the landlord to distrain or realize his rent by distress ceases from and after the date of the assignment or order, and the assignee, trustee or liquidator is entitled to immediate possession of the property of the tenant; but in the distribution of the property of the tenant the assignee, trustee or liquidator shall pay to the landlord, in priority to all other debts, an amount not exceeding the value of the distrainable assets and restricted to the arrears of rent due during the period of three months next preceding and the costs of distress, if any, and the rent for the three months following the date of the assignment or order, and from thence so long as the assignee, trustee or liquidator retains possession of the premises, but any payment to be made to the landlord in respect of accelerated rent shall be credited against the amount payable by the assignee, trustee or liquidator for the period of his occupation.
Notwithstanding any provision, stipulation or agreement in any lease or agreement or the legal effect thereof, in case of an assignment for the general benefit of creditors, or in case an order is made for the winding-up of an incorporated company, or in case a receiving order in bankruptcy or authorized assignment has been made against or by a tenant, in any such case the assignee, trustee or liquidator may, at any time within three months thereafter for the purposes of the trust estate and before he has given notice of intention to surrender possession or disclaim, by notice in writing elect to retain the leased premises for the whole or any portion of the unexpired term and any renewal thereof, upon the terms of the lease and subject to the payment of the rent as provided by such lease or agreement, and he may upon payment to the landlord of all arrears of rent, assign the lease with rights of renewal, if any, to any person who will covenant to observe and perform its terms and agree to conduct upon the demised premises a trade or business that reasonably is not of a more objectionable or hazardous nature than that which was thereon conducted by the debtor, and who shall on application of the assignee, trustee or liquidator be approved by a judge of The Court of King’s Bench of New Brunswick as a person fit and proper to be put in possession of the leased premises.
R.S., c.126, s.44; 1979, c.41, s.72; 2023, c.17, s.133
The assignee, trustee or liquidator has the further right at any time before so electing by notice in writing to the landlord, to surrender possession or disclaim any such lease, and his entry into possession of the leased premises and their occupation by him, while required for the purposes of the trust estate, shall not be deemed to be evidence of an intention on his part to elect to retain possession pursuant to the provisions of this section.
Where the assignor, or person against whom a receiving order has been made in bankruptcy, or a winding-up order has been made, being a lessee, had, before the making of the assignment or such order, demised by way of under-lease, approved or consented to in writing by the landlord, any premises and the assignee, trustee or liquidator surrenders, disclaims or elects to assign the lease the under-lessee shall, if he so elects in writing within three months of such assignment or order, stand in the same position with the landlord as though he were a direct lessee from the landlord but subject, except as to rental payable, to the same liabilities and obligations as the assignor, bankrupt or insolvent company was subject to under the lease at the date of the assignment or order, but the under-lessee shall in such event be required to covenant to pay to the landlord a rental not less than that payable by the under-lessee to the debtor, and if such last mentioned rental was greater than that payable by the debtor to the said landlord the under-lessee shall be required to covenant to pay to the landlord the like greater rental.
In the event of any dispute arising under this section such dispute shall be disposed of, upon summary application, by a judge of The Court of King’s Bench of New Brunswick.
R.S., c.126, s.45
Every attornment of a tenant of any land to a stranger claiming title to the estate of his landlord shall be absolutely null and void, and the possession of his landlord shall not be deemed to be changed, altered or affected by such attornment, but nothing herein shall vacate or affect an attornment made
(a) pursuant to and in consequence of a judgment or order of a Court, or
(b) with the privity and consent of the landlord.
Nothing herein contained shall alter, prejudice or affect any rights that a vendor, mortgagee or incumbrancee may now possess under any law or statute.
R.S., c.126, s.46
Every grant or conveyance of any rent or of the reversion or remainder of any land shall be good and effectual without any attornment of the tenant of the land out of which such rent issues, or of the particular tenant upon whose particular estate any such reversion or remainder is expectant or depending.
A tenant shall not be prejudiced or damaged by the payment of rent to any grantor or by breach of any condition for non-payment of rent before notice to him of such grant by the grantee.
R.S., c.126, s.47
Where a lease is duly surrendered in order to be renewed, and a new lease is made and executed by the chief landlord, the new lease shall, without a surrender of all or any of the under-leases, be as good and valid as if all the under-leases derived thereout had been likewise surrendered at or before the time of taking of such new lease.
Every person in whom any estate for life, or lives, or for years, is from time to time vested by virtue of the new lease, shall be entitled to the rents, covenants and duties, and have like remedy for recovery thereof, and the under-lessees shall hold and enjoy the land in the respective under-leases comprised as if the original lease had been kept on foot and continued, and the chief landlord shall have and be entitled to such and the same remedy by distress or entry in and upon the land comprised in any under-leases for the rents and duties reserved by the new lease, so far as the same do not exceed the rents and duties reserved in the lease out of which such sublease was derived, as he would have had if the former lease had been still continued or as he would have had if the respective under-leases had been renewed under the new principal lease.
R.S., c.126, s.48; 1979, c.41, s.72; 2023, c.17, s.133
Where any person who, in pursuance of any covenant or agreement in writing, if within the Province and amenable to the process of The Court of King’s Bench of New Brunswick, might be compelled to execute any lease by way of renewal, is not within the Province, or is not amenable to the process of the Court, the Court upon the application of any person entitled to such renewal, whether such person is or is not under any disability, may direct such person as the Court thinks proper to appoint for that purpose to accept a surrender of the subsisting lease, and to make and execute a new lease in the name of the person who ought to have renewed the same.
A new lease executed by the person so appointed shall be as valid as if the person in whose name the same was made was alive and not under any disability and had himself executed it.
In every such case it shall be in the discretion of the Court to direct an action to be brought to establish the right of the person seeking renewal, and not to make the order for a new lease unless by the judgment to be made in the action, or until after it has been entered.
A renewal lease shall not be executed by virtue of this section in pursuance of any covenant, or agreement, unless the sum or sums of money, if any, that ought to be paid on such renewal and the things, if any, that ought to be performed in pursuance of such covenant or agreement by the tenant be first paid and performed, and counterparts of every such renewal lease shall be duly executed by the tenant.
All sums of money that are had, received or paid for, or on account of, the renewal of any lease by any person out of the Province or not amenable to the process of The Court of King’s Bench of New Brunswick, after the deduction of all necessary incidental charges and expenses, shall be paid to such person or in such manner or into Court to such account and be applied and disposed of as the Court shall direct.
The Court may order the costs and expenses of and relating to the application, orders, directions, conveyances and transfers, or any of them, to be paid and raised out of or from the land, or the rents in respect of which the same are respectively made, in such manner as the Court deems proper.
R.S., c.126, s.49
(a) “renewable lease” means a lease containing a covenant by which an option is given to the lessor to renew or extend a term of years as an alternative to payment to the tenant for such improvements as the latter is entitled to be compensated for under the terms of the lease;
(b) “improvements” means the subject of appraisal or valuation under a covenant such as is referred to in paragraph (a);
(c) “covenant for renewal” means a covenant similar to that referred to in paragraph (a).
In covenants for renewal as well as in this Act, “valuation” and “appraisal” are synonymous terms, and are subject to the provisions of the Arbitration Act; and “valuer,” “valuator,” “appraiser” and “arbitrator” are also synonymous.
In such covenants, “to renew,” “to extend,” “to continue,” “to extend and continue” and similar expressions are synonymous.
R.S., c.126, s.50; 2014, c.47, s.4
Where neither party to a renewable lease has taken any proceeding under the covenant for payment for improvements or renewal to obtain a valuation of the improvements, and the term of years granted by the lease or a renewal thereof has expired, if thereafter:
(a) the lessee pays and the lessor accepts rent, in accordance with the reservation in the lease, for a period subsequent to the expired term, the lessor, in the absence of proof of a contrary intention communicated to the lessee, is deemed to have renewed the lease upon the terms and conditions of the original lease;
(b) the lessee pays and the lessor accepts rent, in accordance with the reservation in the lease, for a period subsequent to the expired term, and on making such payment gives no notice to the lessor that he does not intend to accept a renewal of the lease, the lessee is deemed to have agreed to accept a renewal of the lease upon the terms and conditions of the original lease.
The renewal lease shall include the covenant for renewal unless the expiring lease expressly provides that such covenant shall not be included in a renewal lease or it appears by other evidence that such was not the intention of the parties, and the lessor shall be deemed to have renewed the lease and the lessee deemed to have agreed to accept a renewal upon the following terms:
(a) for the term of years mentioned in the covenant for renewal when such covenant provides for renewal for a definite number of years;
(b) for the minimum term of years mentioned in the covenant for renewal when such covenant provides for renewal for not less than a certain number of years, or for not less than a certain number of years and not more than a certain other number of years;
(c) for a term of years equal to that granted by the original lease when the covenant for renewal does not specifically mention any term of years or a term as defined in paragraph (b) but provides for renewal generally.
Where the lessee gives notice to the lessor that he does not intend to accept a renewal of the lease, the lessee is deemed to be a tenant from year to year of the demised premises and such covenants and conditions of the original lease as are not inconsistent with a tenancy from year to year shall be applicable thereto, but in such case the lessee has no claim to be paid for improvements, and the covenant for renewal is no longer in effect.
The lessee may retain possession of the demised premises until the lessor has exercised his option to renew the lease or pay for improvements, unless the lessor unequivocally gives notice to the lessee that he will not renew the lease in which case the lessor is entitled to possession of the demised premises at the expiration of the term, but the lessee has a lien upon the demised premises for the value of the improvements as ascertained under the covenant for renewal until the lessor pays for the same, which lien does not require registration to evidence or preserve it and may be enforced by the lessee after the compensation for improvements is determined by agreement between the lessor and lessee or by the mode provided by the lease. R.S., c.126, s.51
If either lessor or lessee fails to appoint any appraiser whom he has a right to appoint, such appraiser may be appointed under the provisions of the Arbitration Act upon a summary application by the other party. R.S., c.126, s.52
R.S., c.126, s.53
Where a covenant for renewal provides for determination of the value of improvements by more than one disinterested person without providing by whom they shall be appointed, the lessor and lessee shall each appoint an equal number who, in case of disagreement, may choose any additional person who is also disinterested.
Where either party fails to make an appointment, the other party to the lease may make summary application for such appointment under the provisions of the Arbitration Act.
Where any farm land is held by a tenant subject to the payment of a rent that substantially represents the fair annual letting value of the land of a landlord whose interest in the land is liable to be determined by death or by any uncertain event, upon the interest of the landlord being determined by death or an uncertain event, R.S., c.126, s.54
(a) in lieu of any claim for emblements, the tenant shall continue to hold and occupy such land until the expiration of the then current year of his tenancy and shall then quit upon the terms of his tenancy in the same manner as if the tenancy were then determined by effluxion of time or other lawful means during the continuance of the landlord’s estate;
(b) the person succeeding to the interest of the landlord shall be entitled to recover from the tenant in the same manner as his predecessor could have done if his interest in the land had not been determined, a fair proportion of the rent for the period between the day upon which the interest of the predecessor ceased and the time of quitting; and
(c) the person so succeeding and the tenant respectively, as between themselves and as against each other, shall be entitled to all the same benefits and advantages and be subject to the same liabilities as the predecessor and the tenant would have been entitled or subject to in case the tenancy had been determined by effluxion of time or other lawful means at the expiration of the current year and during the continuance of the predecessor’s interest in the land.
The mortgagee may by notice in writing make the tenant, under a demise by the mortgagor subsequent to the mortgage, his tenant and thereby adopt the same. R.S., c.126, s.55
In case a tenant or other person who is in possession of any land by, from or under or by collusion with such tenant wilfully holds over the land or any part thereof after the determination of the term, if notice in writing requiring delivery of the possession thereof is given by his landlord or the person to whom the remainder or reversion of such land belongs or his agent thereunto lawfully authorized, the tenant or other person so holding over shall, for and during the time he so holds over or keeps the person entitled out of possession, pay to such person or his assigns at the rate of double the yearly value of the land so detained for so long as the same is detained, to be recovered by action in any court of competent jurisdiction, against the recovering of which penalty there shall be no relief. R.S., c.126, s.56
Where a tenant gives notice of his intention to quit the premises by him holden at a time mentioned in such notice, and does not accordingly deliver up the possession thereof at the time mentioned in such notice the tenant shall from thence forward pay to the landlord double the rent or sum that he should otherwise have paid, to be levied, sued for, and recovered at the same times and in the same manner as the single rent or sum before the giving of such notice could be levied, sued for, or recovered, and such double rent or sum shall continue to be paid while such tenant continues in possession. R.S., c.126, s.57
In this Part 1955, c.58, s.3; 1979, c.41, s.72; 1980, c.32, s.16; 2023, c.17, s.133
“Court” means The Court of King’s Bench of New Brunswick;(Cour)
“demise” includes any and every agreement or transaction whether in writing or by deed or parol whereby one person may become the tenant of another;(cession à bail)
“Judge” means the judge of the Court;(juge)
“premises” means the land, building or portion of a building forming the subject of a demise;(lieux)
“tenant” includes every lessee, licensee, occupant and subtenant and their assigns and legal representatives and all persons claiming under and through them.(locataire)
1955, c.58, s.3
Subject to subsection (2), service of any demand or summons mentioned in this Part is sufficiently made,
(a) if served on the tenant personally;
(b) if served upon an adult member of the tenant’s household upon the premises;
(c) if the premises be vacant, if affixed to the dwelling or other building or otherwise posted up upon the premises; or
(d) if made in accordance with the direction of the Judge.
When the Judge is not satisfied that service of any demand or summons under this Part is sufficiently made, he may give such order or direction for further and better service as, in his opinion, the justice of the case may require.
1955, c.58, s.3
In any proceedings under this Part evidence may be given viva voce or by affidavit, but should any fact deposed to in an affidavit be denied or challenged the Judge may adjourn the hearing to enable viva voce evidence to be given of the fact so denied or challenged.
Save as herein provided the practice of the Court applies to proceedings taken under this Part.
If at any stage in any proceedings under this Part it appears to the Judge that any other person is interested in the matters before him or ought to be heard the Judge may give directions for service or notice on such person and may adjourn the proceedings for that purpose or may determine the issues as between the parties before him without prejudice to the rights of such other person.
1955, c.58, s.3
Where a tenant
(a) fails to pay his rent within seven days of the time agreed on,
(b) holds over premises after the expiration or determination of a term, or
(c) gives notice of his intention to quit the premises by him holden at a time mentioned in such notice and does not accordingly deliver up the possession thereof at the time mentioned in the notice,
The demand under subsection (1) may be in the form prescribed by regulation or may be altered as circumstances may require.
Where a tenant 1955, c.58, s.3
(a) fails to comply with a demand for possession pursuant to section 61, or
(b) in the case of a demand for possession in respect of non-payment of rent, fails to pay the arrears of rent in full together with all costs of the demand to which the landlord is entitled in accordance with the table of fees prescribed by regulation,
The summary proceedings provided for in section 62 shall be entitled in the Court and may be styled: 1955, c.58, s.3
1955, c.58, s.3
The landlord may apply to the Judge for a summons on affidavit of the facts made by the landlord or other person having knowledge of the facts.
The affidavit made by the landlord or other person shall, if applicable,
(a) set forth briefly the terms of the demise;
(b) state with reasonable particularity the grounds on which the landlord bases his claim;
(c) have annexed a copy of the demand;
(d) set forth the date of service of the demand and the fact that the tenant continues in possession;
(e) set forth the amount of rent in arrear and the time for which it is so in arrear; and how much of the amount remains unpaid; and
(f) state to what extent the tenant has a right of set-off.
1955, c.58, s.3
The Judge may issue a summons returnable before him that may be in the form prescribed by regulation or to the like effect with such changes, additions or omissions as the circumstances of the case may require; and the summons shall have endorsed thereon the name and address of the solicitor of the landlord, or the address of the landlord should he be acting without a solicitor.
The summons together with the affidavit of the landlord or other person shall be served on the tenant at least three clear days before the return thereof.
Where the demise is in writing the document or documents constituting the demise may be inspected by or on behalf of the tenant upon application to the landlord’s solicitor or to the landlord.
On the return of the summons the Judge shall hear the evidence adduced on behalf of the landlord and the tenant and if the landlord establishes that he is entitled to possession shall issue an Order for Possession that may follow the form prescribed by regulation with such changes, additions or omissions as the facts of the case may require. 1955, c.58, s.3
Where proceedings are taken under this Part for possession by reason only of non-payment of rent, no payment or acceptance of a less amount than the entire rent and costs shall deprive the landlord of his remedy unless it is proved that an agreement to give time was made by the landlord. 1955, c.58, s.3
1955, c.58, s.3; 1973, c.74, s.48
When an Order for Possession is granted the Judge shall calculate the rent in arrears, an amount for use and occupation for any part of a term for which rent is not then due and owing, and double value owing by the tenant at the time of the hearing in any case where the landlord is entitled to and claims for double value and shall set forth in the Order for Possession the amount of the rent, amount for use and occupation and double value to be levied by the sheriff.
The Judge may award costs in accordance with the table of fees prescribed by regulation.
No Order for Possession shall be made if it appears to the Judge that in the circumstances of the case the right of possession should not be determined by proceedings under this Part, and in such event the taking of proceedings under this Part shall not affect or detract from any other remedy that the landlord may have against his tenant. 1955, c.58, s.3
The sheriff, upon receiving the Order for Possession, shall forthwith put the landlord in possession of the premises and shall levy the several sums of money mentioned in the Order for Possession; and for that purpose he and his deputies and all his officers have full power, after reasonable demand for admission, to force open and enter both outer and inner doors of the premises. 1955, c.58, s.3
Where proceedings are taken by reason of non-payment of rent only, if the tenant before the execution of the Order for Possession, pays all sums mentioned in the Order together with the sheriff’s fees, the proceedings shall be stayed and the tenant may continue in possession as of his former tenancy. 1955, c.58, s.3
The sheriff is entitled to the same fees for executing an Order for Possession under this Part as for executing an order for possession under the Judicature Act. 1955, c.58, s.3; 1986, c.4, s.29
When an Order for Possession is made in respect of premises situated partly in one judicial district and partly in another the sheriff for the judicial district in which the proceedings were taken has the same powers and authority as he would have if the premises were entirely within his bailiwick. 1955, c.58, s.3; 1988, c.42, s.28
1955, c.58, s.3
Where the sheriff is unable to levy all sums mentioned in an Order for Possession and his costs, he shall, after putting the landlord in possession, endorse upon the Order for Possession the date the landlord was put in possession and the amount levied pursuant to the same.
The Order for Possession may then be filed with the Clerk of the Court together with a docket showing a calculation of the rent, the amount for use and occupation and double value at the rate fixed by the Judge to the date when the landlord was put in possession and a calculation of the balance owing to the landlord for rent, the amount for use and occupation and double value and costs after taking into account the amount levied by the sheriff.
The Clerk shall make on the Order for Possession a memorandum of the amount so owing thereunder which memorandum thereupon becomes a judgment of the Court.
An appeal lies to the Court of Appeal from the order of the Judge granting or refusing an Order for Possession and the provisions of the Judicature Act and Rules of The Court of King’s Bench of New Brunswick as to appeals apply to such appeal. 1955, c.58, s.3; 1979, c.41, s.72; 2023, c.17, s.133
Where a notice of appeal has been served the Judge may make an order staying the Order for Possession. 1955, c.58, s.3
If under the Order for Possession, possession has been given to the landlord, the Court of Appeal may affirm the Order of the Judge or direct that possession be restored to the tenant. 1955, c.58, s.3
Nothing in this Part requires a landlord to proceed under this Part instead of by bringing an action. 1955, c.58, s.3
The Lieutenant-Governor in Council may make regulations 1973, c.74, s.48
(a) prescribing forms required under this Act;
(b) prescribing a tariff of costs on distress for rent; and
(c) prescribing a table of fees on summary proceedings.