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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Small Claims Act
 
Legislature :
54
Session :
4
Bill No. :
32
Member :
Hon. Green
First Reading :
2002-4-19
Second Reading :
2002-4-23
Committee of the Whole :
2002-5-21
Amended :
Third Reading :
2002-5-22
Royal Assent :
2002-6-7
        
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Text of Bill :
   Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1                   Section 1 of the Small Claims Act, chapter S-9.1 of the Acts of New Brunswick, 1997, is amended by repealing the definition “action” and substituting the
following:

   “action” means a civil proceeding commenced in a manner set out in the regulations and includes a claim, counterclaim, cross-claim, third party claim and, when authorized by
an adjudicator, a fourth party and subsequent party claim;

2                   Section 4 of the Act is amended

   (a)       in subsection (1)

      (i)                              in paragraph (a) by striking out “and” at the end of the paragraph;

      (ii)       in paragraph (b) by striking out the period at the end of the paragraph and substituting a comma followed by “and”;

      (iii)       by adding after paragraph (b) the following:

   (c)         has jurisdiction where an action for debt or damages is combined with an action for the recovery of possession of personal property, if the combined value of the
   amount claimed and the value of the personal property does not exceed the prescribed amount.

   (b)       by adding after subsection (1.1) the following:

4(1.2)      The amount prescribed under paragraph (1)(c) is, with respect to the combined value referred to in paragraph (1)(c), inclusive of interest to the date of judgment and
exclusive of costs.

3                      Subsection 23(1) of the Act is amended by striking out “of the court” and substituting “of every judicial district of the court”.

4                   Section 29 of the Act is amended

   (a)       by adding after paragraph (b) the following:

   (b.1)               prescribing an amount for the purpose of paragraph 4(1)(c);

   (b)       in paragraph (c) by striking out “prescribing” and substituting “respecting”.

5                   Sections 1, 2 and 4 of this Act come into force on a day or days to be fixed by proclamation.


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Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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