Some of the New Brunswick laws that may apply when homeowners build, renovate or repair a home are listed below. Note that this listing is illustrative only and not intended as legal advice. If you are concerned about legal issues related to your home construction project, seek qualified legal advice.
Arbitration Act: Deals with arbitration of commercial matters and provides the procedure under which the arbitration takes place.
Consumer Product Warranty and Liability Act: Sets out common law representations and warranties required to be provided to consumers by manufacturers of goods.
Contributory Negligence Act: Deals with situations where a homeowner may be considered negligent through the actions of a third party contractor or trades person, and the consequences of being found contributorily negligent.
Control of Municipalities Act: Sets out jurisdiction of municipalities in respect of inspections and investigations as to compliance with municipal rules and regulations.
Creditors Relief Act: Establishes rules related to priorities in the event of fraud or improper payments, and the impact of bankruptcy and insolvency in these situations
Direct Sellers Act: Establishes rules governing the sale of goods and/or services by direct sellers or their agents. Includes licensing and bonding requirements and provides consumers with specific rights.
Employment Standards Act: Sets out minimum standards that must be met in the course of employment and in the termination of employment.
Fire Prevention Act: Sets out fire code rules and regulations and consequences of failure to comply.
Frustrated Contracts Act: Sets out the rules and regulations that apply in the event that a contract is considered null and void due to unforeseen circumstances.
Historic Sites Protection Act: Outlines procedures to obtain approval for work on heritage properties that have be legally designated as such.
Insurance Act: Sets out rules and regulations regarding the insurance aspect of a contract that a homeowner may enter into with a contactor or a trades person, including the obligations regarding reporting of claims and the effect of failure to comply with those rules and regulations.
Liens on Goods and Chattels Act: Sets out rules and regulations regarding protection of consumer sales in the event of non-payment and the ability to place liens on chattels purchased by consumers.
Mechanics' Lien Act: Sets out rules and regulations regarding protection of trades people in the event of non-payment and the ability to place liens on the property that was subject of the unpaid work.
Municipalities Act: Establishes rules and regulations regarding the requirements for building permits and inspections.
Occupational Health and Safety Act: Sets up rules related to workplace safety including an owner's responsibility to ensure a safe work environment and the consequences of failure to do so.
Personal Property Security Act: Sets up rules regarding the taking of security to ensure payments and priorities of payment among various classes of secured and unsecured creditors.
Revenue Administration Act: Establishes requirement to collect and remit sales tax in connection with the purchase of goods and services.
Sale of Goods Act: Sets out common law representations and warranties required to be provided to consumers by manufacturer of goods.
Tortfeasors Act: Deals with situations where a homeowner may be considered negligent through the actions of a third party contractor or trades person, and the consequences of being found contributorily negligent.
Unconscionable Transactions Relief Act: Provides for a remedy in the event of fraud or unconscionable action by contractor or trades person.
Workers' Compensation Act: Sets out rules related to workplace safety, including the owner's responsibility to ensure a safe work environment and the consequences of failure to do so. Additionally, provides the framework for obtaining compensation in such cases.
British Columbia
