BILL 21

An Act to Amend the Consumer Product Warranty and Liability Act

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

1 Subsection 27(1) of the Consumer Product Warranty and Liability Act, chapter C-18.1 of the Acts of New Brunswick, 1978, is repealed and the following is substituted:

27(1) A supplier of a consumer product that is unreasonably dangerous to person or property because of a defect in design, materials or workmanship is liable to any person who suffers a consumer loss in the Province because of the defect, if the loss was reasonably foreseeable at the time of the supply as liable to result from the defect and

(a)  the supplier has supplied the consumer product in the Province;

(b)  the supplier has supplied the consumer product outside the Province but has done something in the Province that contributes to the consumer loss suffered in the Province;

(c)  the supplier has supplied the consumer product outside the Province but the defect arose in whole or in part because of the supplier’s failure to comply with any mandatory federal standards in relation to health or safety, or the defect caused the consumer product to fail to comply with any such standards; or

(d)  the supplier has supplied the consumer product outside the Province but at the time of the supply it was reasonably foreseeable that the product would be used or consumed in the Province.

EXPLANATORY NOTES

Section 1

The existing provision is as follows:

27(1) A supplier of a consumer product that is unreasonably dangerous to person or property because of a defect in design, materials or workmanship is liable to any person who suffers a consumer loss in the Province because of the defect, if the loss was reasonably foreseeable at the time of his supply as liable to result from the defect and

(a)  he has supplied the consumer product in the Province;

(b)  he has supplied the consumer product outside the Province but has done something in the Province that contributes to the consumer loss suffered in the Province; or

(c)  he has supplied the consumer product outside the Province but the defect arose in whole or in part because of his failure to comply with any mandatory federal standards in relation to health or safety, or the defect caused the consumer product to fail to comply with any such standards.