BILL 20

An Act to Amend The Residential Tenancies Act

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

1 The Residential Tenancies Act, chapter R-10.2 of the Acts of New Brunswick, 1975, is amended by adding after section 24 the following: 

Exception

24.01( 1) If, because of domestic violence, intimate partner violence, sexual violence or criminal harassment, a tenant believes that his or her own safety, or that of a dependent child of the tenant, is at risk if the tenancy continues, the tenant may terminate the tenancy by serving on the landlord

aa notice of termination, and

ba document, prescribed by regulation, indicating that the tenant has been the subject of domestic violence, intimate partner violence, sexual violence or criminal harassment.

24.01( 2) Despite paragraph 24(1)(a), if the premises are let from year to year, the notice of termination and document referred to in subsection (1) shall be served at least one month before the expiration of any month to be effective on the last day of that month.

24.01( 3) In the case of a fixed term tenancy, the notice of termination and document referred to in subsection (1) shall be served at least one month before the expiration of any month to be effective on the last day of that month.

24.01( 4) When a tenancy is terminated under this section, the landlord is not entitled to compensation or damages in relation to rent that would have become due and payable if the tenancy had not been terminated, and no action or other proceeding lies against the tenant for any loss suffered as a result of the termination of the tenancy.

2 Subsection 25.51(2) of the Act is amended by striking out “subsection 24(1)” and substituting “subsections 24(1) and 24.01(2)”.

3 Subsection 29(1) of the Act is amended by adding after paragraph (f) the following: 

f.1prescribing, for the purposes of paragraph 24.01(1)(b),

( i) documents, including a declaration form, and

( ii) classes of persons who may make that declaration;

Commencement

4 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.