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4th Session, 41st Legislature

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Bill 19

THE RESIDENTIAL TENANCIES AMENDMENT ACT


  Bilingual version (PDF) 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(1)        The centred heading "TERMINATION BY TENANT: MEMBER OF CANADIAN FORCES OR OTHER COUNTRY'S ARMED FORCES" is added before section 92.1.

2(2)        The section heading for subsection 92.1(1) is replaced with "Interpretation".

3           The centred heading "TERMINATION BY TENANT: DOMESTIC OR SEXUAL VIOLENCE OR STALKING" is added before section 92.2.

4           Section 92.2 is replaced with the following:

Definitions

92.2        The following definitions apply in sections 92.3 and 92.4.

"domestic violence" means domestic violence within the meaning of subsection 2(1.1) of The Domestic Violence and Stalking Act that is caused by an act or omission of a person described in subsection 2(1) of that Act. (« violence familiale »)

"sexual violence" means any sexual act or act targeting a person's sexuality, gender identity or gender expression — whether the act is physical or psychological in nature — that is committed, threatened or attempted against a person without the person's consent, and includes sexual assault, sexual harassment, indecent exposure, voyeurism and sexual exploitation. (« violence à caractère sexuel »)

"stalking" has the same meaning as in subsections 2(2) and (3) of The Domestic Violence and Stalking Act. (« harcèlement criminel »)

5(1)        Subsection 92.3(1) is amended in the section heading and in the section by adding "or sexual" after "domestic".

5(2)        Subsection 92.3(2) of the English version is amended in the part before clause (a) by adding "or sexual" after "domestic".

6(1)        Subsection 92.4(3) is replaced with the following:

When designated authority may issue certificate

92.4(3)     A designated authority may issue a certificate to a tenant for the purpose of terminating the tenancy because of domestic or sexual violence or stalking if

(a) the authority

(i) is satisfied that the tenant has made a complaint respecting domestic or sexual violence or stalking to local law enforcement authorities,

(ii) has received a copy of an order that the court, the Provincial Court or a judicial justice of the peace appointed under The Provincial Court Act has issued to protect the tenant from domestic or sexual violence or stalking, or

(iii) has received a written statement by a person described in subsection (3.1) acting in their professional capacity indicating that, in the person's opinion, the tenant has been the subject of domestic or sexual violence or stalking; and

(b) after completing an assessment, the authority is satisfied that there is a risk to the tenant's safety, or that of a dependent child of the tenant, if the tenancy continues.

6(2)        The following is added after subsection 92.4(3):

Who may provide a statement

92.4(3.1)   The following persons may provide a written statement for the purpose of subclause (3)(a)(iii):

(a) a physician;

(b) a practising registered nurse under The Regulated Health Professions Act;

(c) a registered psychiatric nurse registered under The Registered Psychiatric Nurses Act;

(d) a psychologist registered under The Psychologists Registration Act;

(e) a social worker registered under The Social Work Profession Act;

(f) a member of the Royal Canadian Mounted Police or of a police service established or continued under The Police Services Act;

(g) a person employed at an emergency or transitional shelter for persons who are at risk of homelessness or violence, if the person is authorized by their employer to provide statements under this section;

(h) a person employed to provide support services for victims of domestic or sexual violence or stalking, if the person is authorized by their employer to provide statements under this section;

(i) a member of a prescribed class of persons.

7           The centred heading "TERMINATION BY TENANT: ACCESSIBILITY REASONS" is added before section 92.5.

8           The centred heading "TERMINATION BY TENANT: INCAPACITY OR MOVE INTO CARE FACILITY" is added before section 92.6.

9           Clause 92.7(b) of the English version is amended by adding "or sexual" after "domestic".

10           Subsection 160.2(16) is repealed.

11          Subsection 171(2) is amended by striking out everything after "each of the parties".

12          Sections 175 to 179 are repealed.

13          The following is added after section 179:

Transitional — appeal to Court of Appeal

179.0.1     Sections 175 to 179, as they read immediately before the coming into force of this section, continue to apply in respect of a person who was eligible to make an appeal under subsection 175(1) before the coming into force of this section.

14          Subsection  181(5) is repealed.

15          Section 188 is replaced with the following:

No review by court

188         A decision or order of the director or the commission is not subject to appeal or review by any court.

16(1)       The following is added after subsection 190(1):

Immunity re statement

190(1.1)    No action or proceeding may be brought against a person in respect of a statement provided under subclause 92.4(3)(a)(iii) if the statement was provided in good faith.

16(2)       The following is added after subsection 190(3):

Provider of statement not compellable as witness

190(3.1)    A person who provides a statement under subclause 92.4(3)(a)(iii) 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 person for the purposes of this Act; or

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

17          Subsection 193.2(9) is repealed.

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

(j.6) prescribing classes of persons who can provide statements confirming domestic or sexual violence or stalking under clause 92.4(3.1)(i);

Consequential amendments, C.C.S.M. c. C223

19(1)       The Cooperatives Act is amended by this section.

19(2)       Subsection 282(3) is repealed.

19(3)       The following is added after subsection 282(3):

Transitional — appeal to Court of Appeal

282(3.1)    Subsection 282(3), as it read immediately before the coming into force of this subsection, continues to apply to a decision made before the coming into force of this subsection.

Coming into force

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

Explanatory Note

This Bill amends The Residential Tenancies Act.

Currently, a tenant can end a tenancy agreement early if they experience domestic violence or stalking. The Act is expanded to include sexual violence. The procedure for establishing that violence or stalking has occurred is also simplified. Certain persons acting in their professional or employment capacity may provide a statement confirming violence or stalking has occurred.

Under the Act, most decisions and orders of the Residential Tenancies Commission can be further appealed to the Court of Appeal. The Act is amended so that the decisions and orders are final and cannot be appealed. A consequential amendment is made to The Cooperatives Act.