A A A

Fifth Session, Thirty-Ninth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 217

THE RESIDENTIAL TENANCIES AMENDMENT ACT (EXPANDED GROUNDS FOR EARLY TERMINATION)


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. R119 amended

1           The Residential Tenancies Act is amended by this Act.

2           The following is added after section 92:

Interpretation: member of the Canadian Forces or Reserves

92.1(1)     For the purposes of this section, a person is a member of

(a) the Canadian Forces if he or she is a member of the regular force or a special force of the Canadian Forces; or

(b) the Reserves if he or she is a member of the reserve force of the Canadian Forces who is on full-time training or active service.

Termination re Canadian Forces and Reserves

92.1(2)     A tenant of a rental unit may terminate the tenancy by giving notice in accordance with subsection (3) if the tenant is

(a) a member of the Canadian Forces or Reserves who is posted to a location that is at least 100 kilometres from the rental unit after the tenancy agreement is entered into; or

(b) a person who resides with a member described in clause (a), if

(i) the person is the spouse or common-law partner of the member, and

(ii) the member is named as an occupant in the tenancy agreement.

Notice and certificate from official required

92.1(3)     To terminate a tenancy under subsection (2), the tenant must give the landlord

(a) a notice of termination that is not less than the prescribed period of notice; and

(b) a certificate, in the form approved by the director, from an official with the Canadian Forces or Reserves confirming that the tenant or the spouse or common-law partner of the tenant, as the case may be, is a member of the Canadian Forces or Reserves who has been posted to a location that is at least 100 kilometres from the tenant's rental unit.

Interpretation: "domestic violence" and "stalking"

92.2        In sections 92.3 and 92.4, "domestic violence" and "stalking" have the same meaning as in section 2 of The Domestic Violence and Stalking Act.

Termination for domestic violence or stalking

92.3(1)     A tenant of a rental unit may terminate the tenancy by giving notice in accordance with subsection (2) if, because of domestic violence or stalking, the tenant believes that his or her own safety, or that of a dependent child of the tenant, is at risk if the tenancy continues.

Notice and certificate from designated authority required

92.3(2)     To terminate a tenancy because of domestic violence or stalking, the tenant must give the landlord

(a) a notice of termination that is not less than one rental payment period, effective on the last day of the rental payment period; and

(b) a certificate signed by a designated authority appointed under section 92.4 confirming that there are grounds for terminating the tenancy.

Appointment of designated authority

92.4(1)     The minister may appoint a person to act as the designated authority under this section.

Power to delegate

92.4(2)     The designated authority may authorize one or more employees of the government to exercise the powers and carry out the duties of the designated authority, in addition to the designated authority.

When designated authority may issue certificate

92.4(3)     A designated authority may issue a certificate to a tenant for the purpose of section 92.3 if

(a) the authority is satisfied that the tenant has

(i) made a complaint respecting domestic violence or stalking to local law enforcement authorities, and

(ii) cooperated or agreed to cooperate with any subsequent investigation and court proceeding;

(b) an order of the court, the Provincial Court or a a judicial justice of the peace appointed under The Provincial Court Act has been issued; and

(c) after having completed an assessment, the authority is satisfied that there is a risk to the safety of the tenant, or that of a child who is a dependant of the tenant, if the tenancy continues.

Form of certificate

92.4(4)     A certificate issued by a designated authority must be in a form approved by the director.

Requirement for confidentiality

92.4(5)     The landlord must ensure that any information received from the tenant under this section is kept confidential.

Termination for accessibility reasons

92.5(1)     A tenant of a rental unit may terminate the tenancy by giving notice in accordance with subsection (2) if, due to an ongoing deterioration or change of some permanence in the health of the tenant or a person named as an occupant in the tenancy agreement, the rental unit or any part of the residential complex is no longer accessible to the tenant or the person.

Notice and certificate from physician required

92.5(2)     To terminate a tenancy due to the rental unit or any part of the residential complex no longer being accessible, the tenant must give the landlord

(a) a notice of termination that is not less than one rental payment period, effective on the last day of the rental payment period; and

(b) a certificate from a physician confirming that, due to an ongoing deterioration or change of some permanence in the health of the tenant or the person named as an occupant in the tenancy agreement, the tenant or the person is no longer able to access the rental unit or any part of the residential complex.

Termination for incapacity or move into care facility

92.6(1)     A tenant of a rental unit may terminate the tenancy by giving notice in accordance with subsection (2) if the tenant or a person named as an occupant in the tenancy agreement

(a) is, for health reasons, no longer capable of living independently; or

(b) is accepted into a personal care home or a residential care facility.

Notice and certificate from physician required

92.6(2)     To terminate a tenancy due to an inability to live independently or being accepted into a personal care home or a residential care facility, the tenant must give the landlord

(a) a notice of termination that is not less than one rental payment period, effective on the last day of the rental payment period; and

(b) in the case of early termination under clause (1)(a), a certificate from a physician confirming that the tenant or person named as an occupant in the tenancy agreement is no longer capable of living independently.

Termination by one of a group of tenants

92.7        If the tenancy referred to in the following provisions is terminated by one of a group of tenants, the remaining tenant or tenants must also vacate the rental unit, unless the remaining tenant or tenants enter into a new tenancy agreement with the landlord:

(a) section 92.1 (termination re Canadian Forces and Reserves);

(b) section 92.3 (termination for domestic violence or stalking);

(c) section 92.5 (termination for accessibility reasons);

(d) section 92.6 (termination for incapacity or move into care facility).

3           Subsection 93(1) is repealed.

4(1)        Subsection 190(1) is amended by striking out "or an employee or agent of the commission or the government" and substituting "a designated authority, or an employee or agent of the commission, the government or a designated authority".

4(2)        The following is added after subsection 190(2):

Designated authority not compellable as witness

190(3)      A designated authority and an employee of a designated authority cannot be compelled, in court or in any other proceeding, including a proceeding before the commission,

(a) to give evidence about information obtained by or on behalf of the designated authority for the purposes of this Act; or

(b) to produce any document or other thing obtained by or on behalf of the designated authority for the purposes of this Act.

Definition: "designated authority"

190(4)      In this section, "designated authority" means a designated authority appointed under subsection 92.4(1).

5           Subsection 194(1) is amended by adding the following after clause (j.4):

(j.5) prescribing the period of notice under clause 92.1(3)(a), including prescribing different periods depending on when the member of the Canadian Forces or Reserves is informed of a change in his or her posting;

Coming into force

6           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill enables a tenant to terminate a tenancy early in the following cases:

  • domestic violence or stalking;
  • declining health that adversely affects accessibility;
  • a change of posting for a member of the Canadian Forces or Reserves.

In addition, The Residential Tenancies Act currently has a provision that enables early termination when a tenant is no longer able to live independently or is accepted into a personal care home or a residential care facility. This provision is expanded so that it also applies to other persons who are named as occupants in the tenancy agreement.

[top of document]