BILL 26

An Act to Amend the Partnerships and Business Names Registration Act

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

1 Section 9.3 of the Partnerships and Business Names Registration Act, chapter P-5 of the Revised Statutes, 1973, is amended by adding after subsection (3) the following:

9.3(4) Every person who registers a certificate under subsection (1) shall

(a)  cause a certificate of renewal in the form prescribed by regulation to be registered every five years from the date the certificate was first registered, and

(b)  where a certificate of renewal was registered prior to the coming into force of this subsection, cause a certificate of renewal in the form prescribed by regulation to be registered within five years from the date the last renewal was registered and every five years thereafter.

2 Section 12.3 of the Act is amended by striking out “in accordance with paragraph 3(1)(b) or (c) or subsection 3.1(2) or 9(7)” and substituting “in accordance with paragraph 3(1)(b) or (c) or subsection 3.1(2), 9(7) or 9.3(4)”.

EXPLANATORY NOTES

Section 1

New provision.

Section 2

The existing provision is as follows:

12.3 Where a certificate is not registered in accordance with paragraph 3(1)(b) or (c) or subsection 3.1(2) or 9(7), or where the registrar has reasonable grounds to believe that a partnership registered under this Act has been dissolved or that a person has ceased to carry on business in the name registered under this Act, the registrar may upon reasonable notice cancel the registration of any certificate with respect to that firm or business name, and shall give notice of such cancellation forthwith in The Royal Gazette.