On November 1, 2023 the Saskatchewan legislature passed new regulations regarding both The Small Claims Act, 2016, SS 2016, c S-50.12 and The Residential Tenancies Act, 2006, SS 2006, c R-22.0001. Some of these changes are merely housekeeping while one change is pretty substantial. Some changes have already taken effect while the major change will take effect April 1, 2024.
Housekeeping changes include changing titles from “Queen”, to “King”, to represent the change in our head of state.
The Saskatchewan Gazette, Gazette PART II, November 10, 2023
The Saskatchewan Gazette, Gazette PART II, November 10, 2023:
PART II/PARTIE II REVISED REGULATIONS OF SASKATCHEWAN/RÈGLEMENTS RÉVISÉS DE LA SASKATCHEWAN
Section 5 amended 4 Clause 5(1)(a) is amended by striking out “The Queen’s Bench Rules” and substituting “The King’s Bench Rules”.
Section 7 amended 5 Section 7 is amended:
(a) by striking out “Court of Queen’s Bench” and substituting “Court of King’s Bench”; and
(b) by striking out “The Queen’s Bench Rules” and substituting “The King’s Bench Rules”.
The most substantial change to the small claims regulations is the monetary limit increasing to a principal value of $50,000, which takes effect April 1, 2024.
Section 3 amended
3 Subsection 3(1) is amended by striking out “$30,000” and substituting “$50,000”.
The Saskatchewan Gazette, Gazette PART II, November 10, 2023
As of writing this, small claims have a monetary limit of $30,000.
Monetary limit
The Small Claims Regulations, 2017, RRS c S-50.12 Reg 1
3(1) For the purposes of subsection 4(1) of the Act, the monetary limit is $30,00
Prior to the new changes, the Office of Residential Tenancies had it’s monetary limit tied to the limit established under The Small Claims Regulations, 2017, RRS c S-50.12 Reg 1
Monetary limits for applications 11
Residential Tenancies Regulations, 2007, RRS c R-22.0001 Reg 1
For the purposes of section 71 of the Act, an application may be made pursuant to section 70 of the Act respecting a monetary claim only if the amount claimed does not exceed the monetary limit prescribed pursuant to The Small Claims Act, 2016.
The new regulations untie the monetary limit with The Small Claims Act, 2016, SS 2016, c S-50.12,and it’s regulation, and instead ties it to a specific amount prescribed by Residential Tenancies Regulations, 2007, RRS c R-22.0001 Reg 1, which is $30,000 or what the limit of small claims is prior to the changes taking effect.
Monetary limits for applications
Residential Tenancies Regulations, 2007, RRS c R-22.0001 Reg 1
11 For the purposes of section 71 of the Act, an application may be made pursuant to section 70 of the Act respecting a monetary claim only if the amount claimed does not exceed $30,000”.
Conclusion
Amendments that have come or are coming to The Small Claims Regulations, 2017, RRS c S-50.12 Reg 1 and the Residential Tenancies Regulations, 2007, RRS c R-22.0001 Reg 1 include updates to the title’s of things named after our monarch as well as changes to the monetary limit prescribed under The Small Claims Act, 2016, SS 2016, c S-50.12 from $30,000 to $50,00. Changes to the wording to the jurisdiction of the Office of Residential Tenancies serve to maintain the status quo with respect to their monetary jurisdiction, which is $30,000.
Joseph S. Phillip Gelinas of Gelinas Limited Scope Legal Services offers a free up to 30 minute, no obligation to retain, phone consultation in Saskatchewan and can be contacted at 705 737 6451 or joseph@gelinaslegal.ca. To find out what claims are available under small claims legislation, click here. To find out what services non-lawyer limited license pilot practitioners (Law Society of Saskatchewan) can provide, click here.
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