Small Claims Act New Brunswick: The Legislation That Governs Your Case

Two Pieces of Legislation, One Court

Every small claims case in New Brunswick runs on two documents: the Small Claims Act (S.N.B. 2012, c. 15) and the General Regulation — Small Claims Act (N.B. Reg. 2012-103). The Act sets up the court and defines its powers. The Regulation handles the day-to-day mechanics — forms, deadlines, fees, and hearing procedures.

Before the 2012 Act, small claims in New Brunswick fell under Rule 80 of the Rules of Court, which governed "Certain Claims Not Exceeding $30,000." The 2012 Act replaced Rule 80 entirely and created a self-contained statutory framework. If you come across older resources referencing Rule 80, they're describing a repealed system.

Both documents are publicly available on the New Brunswick Laws site at laws.gnb.ca.

What the Small Claims Act Covers

The Act itself is relatively short. It establishes the Small Claims Court of New Brunswick as a court of record operating within the eight judicial districts of the Court of King's Bench. Key provisions:

• Section 4 creates the court and sets its jurisdiction.
• Section 5 defines what the court cannot hear: claims involving land title, family law, estates, libel, slander, breach of promise of marriage, malicious arrest, malicious prosecution, or false imprisonment. These exclusions apply regardless of the dollar amount.
• Section 6 prohibits splitting a single cause of action into multiple claims to stay under the monetary limit.
• Section 7 allows a party to voluntarily abandon the portion of a claim that exceeds the monetary ceiling — but Section 8 makes that abandonment permanent. You cannot recover the excess in any other court.
• Section 15 says procedural errors should be treated as irregularities, not fatal defects. The court should order amendments rather than dismiss a case over a technicality.

The monetary ceiling is not set in the Act itself. It lives in Section 3 of the Regulation, currently fixed at $20,000 since April 1, 2018 (raised from the original $12,500 by N.B. Reg. 2018-23).

What the General Regulation Covers

N.B. Reg. 2012-103 is where the operational rules live. If you've been served with a claim, these are the sections that matter most:

Filing a response (Sections 7–10): You have 30 calendar days from the date of service to file a Form 2 Response. The clock starts the day after service. If Day 30 falls on a weekend or holiday, the deadline extends to the next business day. Section 9 allows a late response to be filed any time before judgment is actually entered — but once the claimant files a Form 6 Request for Judgment, that window slams shut.

Fees (Section 71): Filing a response without a counterclaim costs $50. A response with a counterclaim costs $50 if the counterclaim is $3,000 or less, or $150 if the counterclaim is more than $3,000 and no more than $20,000.

Default judgment (Sections 19–23): If you don't file a response, the claimant files Form 6 and the clerk enters a default judgment (Form 7) without a hearing for debt or fixed-sum claims. For unliquidated damages, the clerk enters an interim judgment and schedules an assessment hearing. Setting aside a default requires Form 8 (an affidavit), Form 23 (application), and a proposed Form 2 Response.

Hearings (Sections 25–36): The clerk sends a Notice of Hearing (Form 11) at least 20 days before the hearing date. Hearings are conducted by adjudicators or hearing officers. The adjudicator may deliver an oral decision at the hearing or reserve it in writing, which must be issued within six months.

Service rules (Sections 50–53): Personal service, adult co-occupant service with mailing, registered mail, courier, and substituted service on court order. Proof of service requires a sworn Affidavit of Service (Form 20).

Appeals (Sections 39–44): Appeals go to the Court of King's Bench via Form 17.1 within 30 calendar days after the written decision is filed with the clerk. A further appeal to the Court of Appeal requires leave (Form 18) and is limited to questions of law.

Amendments Since 2012

The Act has been amended several times. The changes that matter:

• N.B. Reg. 2018-23 raised the monetary ceiling from $12,500 to $20,000.
• S.N.B. 2023, c. 17 and S.N.B. 2024, c. 20 modernized administrative structures, updated judicial nomenclature (reflecting the rename from Court of Queen's Bench to Court of King's Bench), and established the hearing officer role alongside adjudicators.
• S.N.B. 2025, c. 20 and S.N.B. 2026, c. 8 created senior adjudicator positions and formalized complaints procedures without changing the summary nature of the court.

None of these amendments changed the core response process — 30 days, Form 2, same fee structure.

How to Use the Legislation

If you're responding to a claim, you don't need to read both documents cover to cover. Focus on the Regulation (N.B. Reg. 2012-103), which has the specific rules you'll follow. The Act provides the structural foundation but rarely comes up in day-to-day case management.

The prescribed forms — Form 1 through Form 26A — are all set out in the Regulation and available as fillable PDFs through PLEIS-NB at legalinfonb.ca and the Department of Justice portal at gnb.ca. You can also contact the court clerk's office in your judicial district for blank copies.

For a step-by-step walkthrough of the response process built around these rules, the Responding to a Small Claim in New Brunswick guide covers deadlines, Form 2 options, fees, hearing preparation, and post-decision steps.

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