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Statutes of Newfoundland 1992


CHAPTER 40

CHAPTER 40

AN ACT TO AMEND THE RESIDENTIAL
TENANCIES ACT

(Assented to December 23, 1992)

Analysis

1. S.29(2) R&S
Functions of board

2. S.38 Amdt.
Judicial proceedings

3. S.39 Amdt.
Offence

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


RSN 1990 cR-14

1. Subsection 29(2) of the Residential Tenancies Act is repealed and the following is substituted:

(2) A board shall investigate, conduct a hearing, report and make recommendations on proceedings referred to it under subsection 38(5).

2. (1) Subsections 38(5) and (6) of the Act are repealed and the following are substituted:

(5) Upon receipt of an originating application to commence proceedings under this section, the Registrar of the Supreme Court shall immediately refer the application to the appropriate board for investigation, hearing, report and recommendations in connection with the proceedings.

(5.1) A report and recommendations of a board respecting an application referred under subsection (5) shall be completed within 21 days of the completion of a hearing on that application and shall be immediately filed with the court to which the originating application in the proceeding was submitted.

(5.2) The Registrar of the Supreme Court may delegate his or her duties under subsection (5) to the associate registrar, a deputy registrar or an assistant deputy registrar of the Supreme Court.

(6) Where an application is referred to a board under subsection (5), that board shall proceed as if it were a matter referred to that board under subsection 29(1) and the provisions of this Act apply, with the necessary changes, to the proceeding.

(2) Section 38(7) is amended by striking out the figure "(5)" and substituting the figure "(5.1)".

3. Section 39 of the Act is amended by adding immediately before the word "an" where it first occurs the words "a decision or".

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