BILL 29
An Act to Amend the Limitation
of Actions Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section
2 of the Limitation of Actions Act, chapter L-8.5 of the Acts
of New Brunswick, 2009, is amended
(a) in subsection (1) by striking
out “Subject to subsection (2), this Act” and substituting “This
Act”;
(b) by repealing subsection (2).
2 The
Act is amended by adding after section 8 the following:
Recovery of land
8.1(1)
The following definitions apply in this section.
“lease” includes a periodic
tenancy and a tenancy at will. (bail)
“predecessor”, with respect
to a claimant or defendant, means a person from whom or through whom
the claimant or defendant has obtained possession of, or derives the
right of possession of, land. (prédécesseur)
“present interest” means an
estate or interest on which a future estate or interest is expectant. (intérêt
actuel)
8.1(2)
Subject to subsections (3) and (4), a claim to recover possession
of land shall not be brought after the defendant and any predecessors
of the defendant have dispossessed the claimant and any predecessors
of the claimant for a continuous period of
(a) fifteen
years, or
(b) if
the claimant is the Crown, 60 years.
8.1(3)
If a period of dispossession begins while land is subject to a present
interest and continues after the present interest terminates, a claim
to recover possession of the land shall not be brought after the later
of
(a) the
end of the period described in subsection (2), and
(b) five
years after the present interest terminates.
8.1(4)
If a period of dispossession begins during a fixed term lease, a claim
by the landlord to recover possession of the land shall not be brought
after the later of
(a) the
end of the period described in subsection (2), and
(b) five
years after the fixed term ends.
8.1(5)
For the purposes of this section,
(a) if
rent is payable under a lease, a period of dispossession of a landlord
by a tenant begins when the tenant ceases to pay rent;
(b) when
one or more joint tenants or tenants in common of land are in possession
of more than their undivided share of the land for their own benefit
or for that of a third party, the other joint tenants or tenants in
common are dispossessed of the land.
8.1(6)
On the expiry of a limitation period under this section, the claimant’s
right or title to the land is extinguished.
3 Paragraph
16(b) of the Act is amended
(a) in the portion preceding subparagraph
(i) by striking out “in section 8,” and substituting “in
section 8, subsection 8.1(2), (3) or (4),”;
(b) in subparagraph (ii) by striking
out “in section 8,” and substituting “in
section 8, subsection 8.1(2), (3) or (4),”.
TRANSITIONAL PROVISIONS AND CONSEQUENTIAL
AMENDMENT
Transitional provisions
4(1) The following
definitions apply in this section and in section 5 of this amending
Act.
“claim” means
a claim to which the former Act applied immediately before the commencement
of this amending Act. (réclamation)
“former
Act” means the Real Property Limitations Act, chapter R-1.5
of the Revised Statutes, 1973, as it existed immediately before the
commencement of this amending Act. (loi antérieure)
“former
limitation period” means the limitation period that applied
to the claim immediately before the commencement of this amending
Act. (ancien délai de prescription)
“new
limitation period” means the limitation period that applies
to the claim after the commencement of this amending Act. (nouveau délai de prescription)
4(2) On or before April
30, 2012, a claim may be brought after the new limitation period has
expired if the former limitation period has not expired.
Expiry of former limitation period
5 Nothing in this amending Act permits a
claim to be brought if the former limitation period has expired before
the commencement of this amending Act.
Application
6 No proceeding commenced before the commencement
of this amending Act is affected by this amending Act.
Real Property Limitations
Act
7 The
Real Property Limitations Act, chapter R-1.5 of the Revised Statutes,
1973, is repealed.