BILL 38

An Act to Amend the Law Reform Act

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

1 Section 4 of the Law Reform Act, chapter 184 of the Revised Statutes, 2011, is amended

(a)  by adding after subsection (3) the following:

4( 3.1) For the purposes of subsection (1), a person who is identified by or under a contract as being intended to receive some performance or forbearance under it includes

(a)  a person who is intended to receive the performance or forbearance only in certain circumstances, if those circumstances occur, and

(b)  a person who is not named in the contract but is a member of a class of persons intended to receive the performance or forbearance.

(b)  by repealing subsection (4).

2 Subsection 4(3.1) of the Law Reform Act, as enacted by paragraph 1(a) of this Act, applies to contracts entered into before, on or after the commencement of this Act, but only in relation to breaches of contract occurring on or after the commencement of this Act.

3 This Act comes into force on August 1, 2013.