Bill 31 - Law Reform (Miscellaneous Amendments) Act, 2012

BILL 31

Law Reform (Miscellaneous Amendments) Act, 2012

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

Condominium Property Act

1 Subsection 24(1) of the Condominium Property Act, chapter C-16.05 of the Acts of New Brunswick, 2009, is amended by striking out “each owner at the time the cause of action arose” and substituting “each owner at the time of the judgment”.

Judicature Act

2(1) Section 45 of the Judicature Act, chapter J-2 of the Revised Statutes, 1973, is amended

(a) in subsection (1) by striking out “the date when the cause of action arose” and substituting “the date the debt was due or the amount subsequently awarded as damages ought reasonably to have been paid”;

(b) by repealing subsection (2).

2(2) Section 46 of the Act is amended

(a) in subsection (2) by striking out “for the whole of the period between the date when the cause of a action arose and the date of judgment or for a part thereof ending on the date of judgment” and substituting “for the whole or any part of the period referred to in that subsection”;

(b) by repealing subsection (3);

Private Investigators and Security Services Act

3 Section 30 of the Private Investigators and Security Services Act, chapter 209 of the Revised Statutes, 2011, is amended by striking out “at the time the cause of action arose, the holder of a licence authorizing the person to perform the act or make the expenditure that is the subject matter of the action” and substituting “at the time when the act was done or the expenditure was incurred, the holder of a licence authorizing the person to perform the act or make the expenditure”.

TRANSITIONAL PROVISIONS

4 Despite section 1, subsection 24(1) of the Condominium Property Act, chapter C-16.05 of the Acts of New Brunswick, 2009, as it existed immediately before the commencement of this Act, applies to a judgment for the payment of money against a corporation incorporated or continued under that Act that is given on or after the commencement of this Act in a proceeding commenced before the commencement of this Act.

5 Despite section 2, sections 45 and 46 of the Judicature Act, chapter J-2 of the Revised Statutes, 1973, as they existed immediately before the commencement of this Act, apply to any proceeding commenced before the commencement of this Act.

6 Despite section 3, section 30 of the Private Investigators and Security Services Act, chapter 209 of the Revised Statutes, 2011, as it existed immediately before the commencement of this Act, applies to any proceeding commenced before the commencement of this Act.