BILL 18

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 in section 11.1 by adding after subsection (2) the following:

11.1( 2.01) Despite subsections (1) and (2), a landlord shall not increase the rent to a tenant for the twelve-month period following the commencement of a week to week, month to month, year to year or fixed term tenancy.

11.1( 2.02) Despite any other provision of this Act, in no case shall a landlord increase the rent to the tenant more than once in a twelve-month period.

2 The Act is amended by adding after section 11.1 the following:

Allowable rate of rent increase

11.11( 1) In this section, “allowable rate” means the rate prescribed by regulation.

11.11( 2) No landlord shall increase the rent charged to a tenant between January 1 and December 31 of any year by more than the allowable rate.

11.11( 3) The Minister of Finance and Treasury Board shall have the allowable rate for each calendar year published in The Royal Gazette not later than August 31 of the preceding year.

11.11( 4) A landlord may apply to the Chief Residential Tenancies Officer for an order permitting the rent charged to a tenant to be increased by more than the allowable rate if the landlord incurs:

aan extraordinary increase, as prescribed by regulation, in the cost of municipal taxes and charges for the premises or the building in which the premises are located; or

ban eligible capital expenditure, as prescribed by regulation, respecting the premises or the building in which the premises are located.

11.11( 5) An application under subsection (4) shall be made at least six months before the effective date of the intended rent increase referenced in the application.

3 Section 24.5 of the Act is repealed.

4 Section 25.4 of the Act is repealed.

5 Subsection 29(1) of the Act is amended

ain paragraph (g.5) by striking out “and” at the end of the paragraph;

bby adding after paragraph (g.5) the following:

g.6prescribing the allowable rate for the purposes of section 11.11;

g.7prescribing what amounts to an extraordinary increase for the purposes of paragraph 11.11(4)(a);

g.8prescribing eligible capital expenditures for the purposes of paragraph 11.11(4)(b);

Commencement

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