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The Residential Tenancies and Consequential Amendments Act

S.M. 1990-91, c. 11

Bill 13, 1st Session, 35th Legislature

The Residential Tenancies and Consequential Amendments Act

(Assented to December 14, 1990)

WHEREAS Manitobans recognize that the law respecting the rights and obligations of landlords and tenants and the regulation of rents is in need of general reform;

AND WHEREAS it is in the public interest that the law respecting landlords and tenants and the regulation of rents should be set out in a comprehensive code;

AND WHEREAS Manitobans recognize that the small sums of money typically at issue between landlords and tenants, the need for prompt settlement of disputes and the desirability of preserving ongoing harmonious relationships between landlords and tenants require innovative dispute resolution that is fair, informal, accessible, inexpensive, expeditious and amicable;

AND WHEREAS many of the usual disputes between landlords and tenants can be resolved in an informal, administrative setting;

AND WHEREAS it is in the interests of landlords and tenants that the knowledge and skill of persons specializing in landlord and tenant and rent regulation matters be combined in a specialist tribunal and brought to bear on the review and resolution of disputes;

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

PART 1

INTERPRETATION AND APPLICATION

Definitions

1(1)        In this Act,

"caretaker's unit" means a rental unit provided by a landlord to a person employed as a caretaker, janitor, manager or superintendent of a residential complex or part of a residential complex in which the rental unit is located; («unité locative de gardien d'immeuble»)

"chief commissioner" means the chief commissioner appointed under subsection 146(1); («commissaire en chef»)

"commission" means the Residential Tenancies Commission established under subsection 145(1); («Commission»)

"cooperative housing corporation" means a corporation whose main purpose and activity is to provide living accommodation to its members, and, in the case of a corporation not incorporated under The Cooperatives Act, means a corporation organized and operated in accordance with the principles and methods described in subsection 1(2) of that Act; («coopérative de logement»)

"court" means the Court of Queen's Bench; («tribunal»)

"department" means the department of the executive government over which the minister presides; («ministère»)

"director" means the Director of Residential Tenancies appointed under subsection 141(1); («directeur»)

"employee unit" means a rental unit provided by an employer to an employee to occupy during his or her employment or training; («unité locative d'employé»)

"furniture", when used in relation to a furnished rental unit, does not include appliances such as a stove, refrigerator, washer or dryer provided with the rental unit; («meubles»)

"landlord" includes the owner, or other person permitting occupancy of the rental unit, and his or her heirs, assigns, personal representatives and successors in title and a person, other than a tenant occupying the rental unit, who is entitled to possession of the residential complex in which the rental unit is located and who attempts to enforce any of the rights of a landlord under a tenancy agreement or this Act, including the right to collect rent; («locateur»)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; («ministre»)

"mobile home" means a dwelling that is designed to be made mobile and that is constructed or manufactured to provide a permanent residence for 1 or more persons, but does not include a travel trailer, tent trailer or other similar trailer; («maison mobile»)

"mobile home park" means a residential complex where 2 or more mobile homes are located for a period of 60 days or more, and includes the land, structures, and services and facilities of which the landlord retains possession and that are intended for the common use and enjoyment of the tenants of the landlord; («parc de maisons mobiles»)

"prescribed" means prescribed by the regulations;

"public utility" means a public utility as defined in The Public Utilities Act; («service public»)

"regulations" means the regulations made under this Act; («règlement»)

"rent" means the amount of money paid or other value given by a tenant to a landlord for

(a) the right to occupy a rental unit, and

(b) the use of common areas, services and facilities, privileges, accommodations or other things relating to the use, occupation or enjoyment of the rental unit, whether or not a separate charge is made for them,

and includes the value of any rent discount given by the landlord as determined in accordance with the regulations, but does not include payment for the rental of furniture provided by the landlord; («loyer»)

"rental payment period" means the interval at which rent is payable under a tenancy agreement; («terme»)

"rental unit" means any living accommodation, mobile home or a site for a mobile home used or intended for use as rented residential premises, and includes a room in a boarding house where 5 or more rooms are provided as living accommodation in the boarding house; («unité locative»)

"residential complex" means a building or part of a building, a related group of buildings or a mobile home park in which 1 or more rental units are located, and includes all common areas, and services and facilities available for the use of residents of the building or buildings or park; («ensemble résidentiel»)

"residential tenancies repair program" means the program established under clause 44(j) of The Housing and Renewal Corporation Act; («programme de réparation des unités locatives»)

"security deposit" means the amount of money paid by a tenant to a landlord to be held as security for the performance of an obligation or a liability of the tenant; («dépôt de garantie»)

"security deposit trust account" means an interest bearing account in a bank, trust company, caisse populaire or credit union in which a security deposit is deposited; («compte de dépôt de garantie en fiducie»)

"service and facility" includes

(a) appliances provided by the landlord,

(b) parking and related facilities,

(c) laundry facilities,

(d) elevator facilities,

(e) common recreational facilities,

(f) garbage facilities and related services,

(g) cleaning or maintenance services,

(h) storage facilities,

(i) intercom systems,

(j) cable and satellite television facilities,

(k) heating facilities or services,

(l) air-conditioning facilities,

(m) utilities and related services,

(n) security services or facilities,

(o) maintenance of sidewalks, roads, parking areas and related services,

(p) maintenance of lawns and grounds and related services, and

(q) clearing of snow from roads and sidewalks and related services; («services et installations»)

"subsidized housing" means a rental unit rented to persons or families of low or modest income at reduced rents by reason of funding provided by the Government of Canada, the Government of Manitoba, a municipality or a local government district, or by any of their agencies; («habitation subventionnée»)

"tenancy agreement" means a written, oral or implied agreement between a landlord and a tenant for occupancy of a rental unit, and includes, when the rental unit is furnished, an agreement for the use of furniture; («convention de location»)

"tenant" means a person who occupies or is entitled to occupy a rental unit under a tenancy agreement and includes his or her heirs, assigns and personal representatives, but does not include a government agency that pays rent on behalf of a person in connection with that person's right to occupy the rental unit. («locataire»)

Vacating premises

1(2)        For the purpose of this Act, a tenant has vacated the rental unit and the residential complex when the tenancy agreement is properly terminated in accordance with this Act and

(a) the tenant has left the rental unit and informed the landlord that he or she does not intend to return; or

(b) the tenant does not ordinarily live in the rental unit, and the rent that the tenant has paid, together with the security deposit if it was applied, is no longer sufficient to meet the tenant's obligation to pay rent.

Abandoning premises

1(3)        For the purpose of this Act, a tenant has abandoned the rental unit and the residential complex when the tenancy agreement is not properly terminated in accordance with this Act and

(a) the tenant has left the rental unit and informed the landlord that he or she does not intend to return; or

(b) the tenant does not ordinarily live in the rental unit, has not expressed an intention to resume living in the rental unit, and the rent the tenant has paid, together with the security deposit if it was applied, is no longer sufficient to meet the tenant's obligation to pay rent.

Reference to "Act" includes regulations

1(4)        A reference to "this Act" includes the regulations made under this Act.

Application

2           This Act applies to rental units and residential complexes and to tenancy agreements, whether made before or after this Act comes into force, despite any other Act and despite any agreement or waiver to the contrary.

Non-application

3(1)        This Act does not apply to

(a) living accommodation occupied on a transient basis provided in a hotel, motel, inn, tourist home or hostel, or other similar accommodation;

(b) living accommodation occupied as a vacation home for a seasonal or temporary period;

(c) except as provided in subsection 112(2) of The Cooperatives Act, living accommodation provided by a cooperative housing corporation to its members or shareholders who occupy the living accommodation;

(d) living accommodation occupied by a person for penal, correctional, rehabilitative or therapeutic purposes or for the purpose of receiving care;

(e) living accommodation provided to temporarily shelter persons in need;

(f) living accommodation provided in a hospital, nursing home or a home established to provide personal care for the aged;

(g) living accommodation provided by an educational institution to its students;

(h) living accommodation provided by a religious institution for the purpose for which it is established; or

(i) premises occupied for business or agricultural purposes with living accommodation attached under a single lease, unless the person occupying the living accommodation is someone other than the person occupying the premises for those purposes.

Exemptions from Act by regulation

3(2)        This Act does not apply to residential complexes or to classes of residential complexes that are exempted from this Act by the regulations.

Conflict with other Acts

4           If this Act conflicts with the provisions of another Act, other than subsections 5(2) to (2.5) of The Condominium Act, this Act prevails.

Act binds the Crown

5           This Act binds the Crown.

Waiver of Act void

6(1)        Every agreement, oral or written, express or implied, whether entered into before or after the coming into force of this Act, is against public policy and void to the extent that it restricts or waives or purports to restrict or waive the application of this Act or rights and obligations under this Act.

Arrangement or payment to defeat Act void

6(2)        An arrangement, payment or other device the purpose of which is to defeat this Act is against public policy and void.

PART 2

TENANCY AGREEMENTS

GENERAL PROVISIONS

Agreement may be oral, written or implied

7(1)        A tenancy agreement may be made orally or in writing or may be implied.

Standard form of tenancy agreement

7(2)        A written tenancy agreement must be in the prescribed form and be signed by the landlord and tenant or their agents.

Agreement deemed to be in writing

7(3)        A tenancy agreement is deemed to be in writing if it is signed by or on behalf of one party, given to the other party, and thereafter the tenant is permitted to occupy the rental unit.

Agreement deemed to include provisions of standard form

7(4)        A tenancy agreement not in the prescribed form is deemed to include the provisions of the prescribed form and any provision of the tenancy agreement that is inconsistent with the prescribed form or this Act is void.

Representation by landlord

7(5)        A representation of fact by a landlord to a prospective tenant that induced the tenant to enter into a tenancy agreement is a term of the tenancy agreement.

Tenant entitled to copy

8           Within 21 days after a written tenancy agreement is signed by the tenant and given to the landlord, the landlord shall give the tenant a copy of it signed by both the landlord and tenant.

Beginning of tenancy

9           The term of a tenancy begins on the day the tenant is entitled to occupy the rental unit under the tenancy agreement.

Rental payment period

10          A rental payment period is not required to coincide with a calendar period.

Additions to standard form

11(1)       In addition to the benefits and obligations contained in the prescribed form of tenancy agreement, a tenancy agreement may contain additional provisions if

(a) the provisions are not inconsistent with the prescribed form, this Act or subsections 5(2) to 5(2.5) of The Condominium Act; and

(b) any obligation imposed on a tenant is reasonable in all the circumstances.

House rules

11(2)       A landlord may, in addition to the obligations set out in a tenancy agreement under subsection (1), establish and enforce a rule concerning the tenant's use, occupancy or maintenance of the rental unit or residential complex or services and facilities if the rule is in writing, is made known to the tenant, and is reasonable in all the circumstances.

Provision or rule to be reasonable

11(3)       A provision or rule is reasonable if

(a) it is intended to

(i) promote a fair distribution of services and facilities to the occupants of the residential complex,

(ii) promote the safety, comfort or welfare of persons working or residing in the residential complex, or

(iii) protect the landlord's property from abuse;

(b) it is reasonably related to the purpose for which it is intended;

(c) it applies to all tenants in a fair manner; and

(d) it is clearly expressed so as to inform the tenant of what the tenant must or must not do to comply with it.

Parties entitled to copy of document signed

12          A landlord, or a tenant or prospective tenant, who signs a document at the other's request is entitled to a copy of it.

Notice to new tenants

13(1)       On first entering into a tenancy agreement, the landlord shall give the tenant a notice in writing in the prescribed form setting out

(a) the landlord's legal name, telephone number and address for giving documents;

(b) the name, address and telephone number of the landlord's agent, if any, who is responsible for making repairs and collecting rent on the landlord's behalf;

(c) the current rent and any furniture rental being charged for the rental unit and the date the rent was first charged;

(d) the immediately preceding rent and any furniture rental that was charged for the rental unit;

(e) if the rent was or is to be established under section 132, the rent payable for a similar or comparable rental unit in the residential complex;

(f) if the rental unit is subsidized housing, the criteria used for determining eligibility of tenants; and

(g) any other information that is prescribed.

Notice to be given to director

13(2)       The landlord shall give a copy of the notice referred to in subsection (1) to the director within 14 days of giving it to the tenant unless the rental unit is

(a) in a hotel, motel, inn, tourist home, hostel or other similar accommodation;

(b) a room in a boarding house; or

(c) subsidized housing.

Additional payments prohibited

14          A landlord shall not require or receive from a tenant or prospective tenant any payment or consideration except as permitted by this Act.

Accelerated rent prohibited

15          A tenancy agreement shall not provide that rent or furniture rental becomes payable in advance of the payment date specified in the tenancy agreement, and a provision of this kind is void.

Post-dated cheques

16          A landlord shall not require the delivery of a post-dated cheque, negotiable instrument or order to pay for use as payment of rent or furniture rental, but such a cheque, negotiable instrument or order may be voluntarily given.

Permission to breach obligation

17          Express or implied permission to breach or failure to enforce an obligation under a tenancy agreement or this Act does not prevent the enforcement of the obligation when another breach occurs.

FURNISHED RENTAL UNITS

Landlord deemed to provide furniture

18(1)       For the purpose of this section and sections 19 and 20, if a landlord rents a furnished rental unit and the furniture is provided by a person other than the landlord, the landlord is deemed to provide the furniture unless the landlord and the other person are at arm's length.

Furniture rental agreement

18(2)       When a landlord provides furniture for a furnished rental unit, the landlord and tenant shall enter into a furniture rental agreement that is in writing, contains an itemized list of the furniture and specifies the amount of the furniture rental.

Separate charge for furniture

18(3)       A landlord who provides furniture shall not require or receive furniture rental from a tenant unless the amount

(a) is disclosed to the tenant when the furniture rental agreement is entered into;

(b) is payable in equal instalments in each rental payment period; and

(c) if the rental unit is subject to rent regulation under Part 9, is reasonable in the circumstances.

Obligation of landlord respecting furniture

19          A landlord who provides furniture for a furnished rental unit shall maintain the furniture in a good state of repair, regardless of whether a state of non-repair existed to the knowledge of the tenant before the agreement was entered into.

Obligation of tenant respecting furniture

20(1)       A tenant who rents a furnished rental unit

(a) shall take reasonable care and ensure that a person the tenant permits in the rental unit takes reasonable care not to damage wilfully, negligently or by omission furniture provided by the landlord; and

(b) subject to subsection (2), shall repair any damage done to the furniture or pay compensation to the landlord within a reasonable time after the landlord gives written notice to do so.

Exception for reasonable wear and tear

20(2)       A tenant is not liable for reasonable wear and tear to furniture provided by the landlord.

RENEWAL OF TENANCY AGREEMENTS

Renewal of written tenancy agreement: specified term

21(1)       When a written tenancy agreement specifies a date for it to end, the landlord shall, not later than 3 months before that date, give the tenant a new tenancy agreement

(a) for the same term as the existing tenancy agreement; and

(b) with the same benefits and obligations, subject to a rent increase that complies with Part 9;

unless the tenancy has been terminated in accordance with this Act.

Exception if landlord and tenant agree

21(2)       If the landlord and tenant have agreed to another term for the new agreement or to different benefits and obligations, a new agreement provided by the landlord under subsection (1) may reflect the term and the benefits and obligations agreed to.

Landlord to advise tenant about renewal

21(3)       At the time of giving a new tenancy agreement under subsection (1), the landlord shall advise the tenant in writing

(a) that the tenant may continue to occupy the rental unit;

(b) that if the tenant intends to renew the tenancy agreement, the tenant must sign the new agreement and return it to the landlord at least 2 months before the end of the existing agreement; and

(c) if the new tenancy agreement increases the rent by more than the maximum increase permitted by the regulations, that the tenant may sign the agreement and still have a right to terminate the tenancy later under section 91.

Tenant who does not renew is deemed to terminate

21(4)       If a tenant does not sign and return the new tenancy agreement to the landlord within the time required in clause (3)(b), the tenancy is terminated on the date it is specified to end.

Deemed renewal if landlord fails to comply

21(5)       If a landlord fails to comply with subsection (1) and the tenant continues to occupy the rental unit after the end of the existing agreement, the existing agreement is deemed to be renewed for the same term and with the same benefits and obligations, subject to a rent increase that complies with Part 9.

Renewal of oral or implied tenancy agreement: specified term

22          When a tenancy agreement that is not in writing specifies a date for it to end, the landlord and tenant are deemed to renew the tenancy agreement on that date for a further period equal to the term of the existing agreement and with the same benefits and obligations, subject to a rent increase that complies with Part 9, unless

(a) the landlord and tenant have entered into a new tenancy agreement; or

(b) the tenancy has been terminated in accordance with this Act.

Renewal of tenancy agreement: no specified term

23          When a tenancy agreement does not specify a date for it to end, the landlord and tenant are deemed to renew the tenancy agreement for successive rental payment periods, subject to a rent increase that complies with Part 9, unless

(a) the landlord and tenant have entered into a new tenancy agreement; or

(b) the tenancy has been terminated in accordance with this Act.

No automatic renewal for temporary tenancies

24          Sections 21, 22 and 23 do not apply where the landlord rents his or her residence as a rental unit for a temporary period on the understanding that the tenant will give vacant possession to the landlord for the landlord's use at the end of the temporary period.

NOTICES OF RENT INCREASE

Three months notice of rent increase

25(1)       A landlord shall not increase the rent for a rental unit without giving the tenant a notice of the intended rent increase

(a) at least 3 months before the tenancy agreement is specified to end; or

(b) if the tenancy agreement does not specify a date for it to end, at least 3 months before the effective date of the rent increase.

Notice unnecessary for new tenant

25(2)       Subsection (1) does not apply to a rent increase that is intended to take effect when a new tenant first occupies the rental unit under a new tenancy agreement.

Increase void if no notice

25(3)       An increase in rent is void if the landlord does not give the notice required by subsection (1).

Notice for units subject to rent regulation

26(1)       A notice of rent increase for a rental unit that is subject to rent regulation under Part 9 must be in the prescribed form and set out

(a) the amount of the rent payable by the tenant immediately before the intended increase;

(b) the amount of the intended increase expressed in dollars and as a percentage of the rent for the rental unit;

(c) the effective date of the intended increase;

(d) the maximum increase permitted by the regulations;

(e) a statement that the rent increase is not valid unless a notice of at least 3 months is given to the tenant; and

(f) a statement that the tenant has the right to object to the rent increase.

Notice not to take into account laundry facilities

26(2)       A notice of rent increase referred to in subsection (1) shall not include any part of the rent increase that relates to separate charges for laundry facilities.

Notice for units not subject to rent regulation

27          A notice of rent increase for a rental unit that is not subject to rent regulation under Part 9 must be in the prescribed form and set out

(a) the amount of the rent payable by the tenant immediately before the intended increase;

(b) the amount of the intended increase;

(c) the effective date of the intended increase; and

(d) a statement that the rent increase is not valid unless a notice of at least 3 months is given to the tenant.

Notice to be given to director

28(1)       The landlord shall give a copy of the notice of rent increase to the director within 14 days of giving it to the tenant unless the rental unit is

(a) in a hotel, motel, inn, tourist home, hostel or other similar accommodation;

(b) a room in a boarding house; or

(c) subsidized housing.

Notice only if no tenant in possession

28(2)       If no tenant is in possession of the rental unit at the time a notice of rent increase is required to be given to a tenant, the landlord shall instead give notice to the director not later than 14 days after the beginning of the 3 month period before the effective date of the rent increase.

PART 3

SECURITY DEPOSITS AND CONDITION REPORTS

PAYMENT OF SECURITY DEPOSIT

Security deposit requirements

29          A landlord who requires a tenant to pay a security deposit shall comply with the following requirements:

1.

A security deposit must not be more than the equivalent of ½ the first month's rent payable under the tenancy agreement.

2.

A security deposit must not be required to be paid at any time except at the time the tenancy agreement is entered into or at the time of an assignment of the tenancy agreement.

3.

If a security deposit is required for subsidized housing, the rent payable under the tenancy agreement shall, for the purpose of calculating the amount of the security deposit, be the rent payable before the reduction on account of a subsidy.

4.

On payment of a security deposit, the landlord shall give the tenant a written acknowledgment of its receipt setting out the amount, the date it was received, and the rental unit and residential complex for which it was given.

5.

On payment of a security deposit, the landlord shall without delay either remit it to the director or deposit it and keep it deposited in a security deposit trust account in the province used exclusively for security deposits.

Security deposits held in trust

30(1)       Security deposits and interest on them which are held by the landlord in trust are not assets of the landlord and may be used by the landlord only as authorized by this Part.

Discharge on payment to director

30(2)       A landlord who remits a security deposit to the director is discharged as trustee.

Director to hold in trust

30(3)       A security deposit and interest remitted to the director shall be held in trust.

Director may return deposits to landlord

30(4)       At the request of a landlord, the director may return a security deposit that was previously remitted, as well as interest at the prescribed rate, and in that event the landlord holds the security deposit and interest in trust.

Tenant entitled to interest on security deposit

31(1)       A tenant is entitled to interest on a security deposit from the date the security deposit is paid until it is disbursed, at the rate prescribed by the regulations.

Landlord or director entitled to excess interest

31(2)       The landlord, or the director if the director holds the security deposit, is entitled to the interest accruing on the security deposit that is in excess of the interest payable to the tenant under subsection (1).

RETURN OF SECURITY DEPOSIT HELD BY THE LANDLORD

Return of security deposit if no claim by landlord

32(1)       A landlord who holds a security deposit shall return it to the tenant with interest at the prescribed rate within 14 days of the date of termination of a tenancy agreement, except where the landlord, with the written agreement of the tenant, has applied all or part of the security deposit and interest to outstanding rent or to other compensation payable to the landlord, including expenses incurred for extraordinary cleaning.

Payment of security deposit if claim by landlord

32(2)       When a landlord who holds a security deposit seeks to apply all or part of the security deposit and interest to outstanding rent or to expenses incurred for extraordinary cleaning or for damage, and the tenant does not agree in writing, the landlord shall

(a) within 14 days of the date of termination of the tenancy agreement, give the tenant a written notice setting out the amount of the landlord's claim for outstanding rent or other compensation, and pay to the tenant any part of the security deposit and interest at the prescribed rate that is not in dispute; and

(b) within 21 days of the date of termination of the tenancy agreement, apply to the director to determine payment of the security deposit and interest.

If landlord fails to comply

32(3)       If the landlord fails to comply with subsection (2), the security deposit and interest at the prescribed rate shall be returned to the tenant, but the landlord retains the right to take proceedings under Part 11 in respect of any claim for outstanding rent or other compensation.

When tenant cannot be located

33(1)       When a landlord who holds a security deposit cannot locate the tenant, the landlord shall, within 14 days of the date of termination of the tenancy agreement,

(a) give the security deposit and interest at the prescribed rate to the director, except where the landlord seeks to apply all or part of the security deposit and interest to outstanding rent or to other compensation payable to the landlord, including expenses incurred for extraordinary cleaning; or

(b) if the landlord seeks to apply all or part of the security deposit and interest to outstanding rent or other compensation, give the director a written notice setting out the amount of the landlord's claim along with any part of the security deposit and interest at the prescribed rate that is not being claimed.

Director to determine payment

33(2)       On receiving a notice under clause (l)(b), the director shall determine payment of the security deposit and interest.

Forfeiture to Crown

33(3)       If the director determines that a person who cannot be located is entitled to payment of all or part of a security deposit and interest, the director shall hold the amount owing to the person for 2 years during which time it is not subject to a trust, and at the end of 2 years it is forfeited to the Crown.

RETURN OF SECURITY DEPOSIT HELD BY THE DIRECTOR

Security deposit held by director

34(1)       This section and section 35 apply where the director holds a security deposit and interest in trust.

Return of security deposit if no claim by landlord

34(2)       When a tenancy agreement is terminated, the director shall return the security deposit and interest at the prescribed rate to the tenant unless within 14 days of the date of termination the director receives a written notice from the landlord that the landlord seeks to apply a specified amount of the security deposit and interest to outstanding rent or to other compensation payable to the landlord, including expenses incurred for extraordinary cleaning.

Landlord to notify tenant of claim

34(3)       When a landlord seeks to apply all or part of a security deposit and interest to outstanding rent or to other compensation, the landlord shall, within 14 days of the date of termination of the tenancy agreement, give a written notice to the tenant setting out the amount of the landlord's claim.

Payment of security deposit when tenant agrees to claim

34(4)       A tenant may agree in writing to the landlord's claim and in that case the landlord shall, within 21 days of the date of termination of the tenancy agreement, give a copy of the agreement to the director, and the director shall pay the security deposit and interest at the prescribed rate in accordance with the agreement.

Payment when no agreement

34(5)       When the director has received notice of a claim by the landlord under subsection (2) and is not given a copy of an agreement between the landlord and tenant in accordance with subsection (4), the director shall determine payment of the security deposit and interest.

If landlord fails to comply

34(6)       If the landlord fails to comply with subsections (3) and (4), the security deposit and interest at the prescribed rate shall be returned to the tenant, but the landlord retains the right to take proceedings under Part 11 in respect of any claim for outstanding rent or other compensation.

When tenant cannot be located

35(1)       A landlord who cannot locate a tenant shall, within 14 days of the date of termination of the tenancy agreement,

(a) give the director a statement that the tenant cannot be located; and

(b) if the landlord seeks to apply all or part of the security deposit and interest to outstanding rent or to other compensation payable to the landlord, including expenses incurred for extraordinary cleaning, give the director a written notice setting out the amount of the landlord's claim.

Director to determine payment

35(2)       On receiving a notice under clause (l)(b), the director shall determine payment of the security deposit and interest.

Forfeiture to Crown

35(3)       If the director determines that a person who cannot be located is entitled to payment of all or part of a security deposit and interest, the director shall hold the amount owing to the person for 2 years during which time it is not subject to a trust, and at the end of 2 years it is forfeited to the Crown.

SECURITY DEPOSITS FORFEITED TO THE CROWN

Unclaimed security deposits

36(1)       Money that is forfeited to the Crown under subsection 33(3) or 35(3) shall be held by the director in an interest-bearing account to meet the costs of providing educational and other programs for landlords, tenants and the public.

Unexpended balance paid to Consolidated Revenue Fund

36(2)       The balance, if any, remaining in an account established under subsection (1) shall, to the extent that it is not required to meet the future costs of programs described in that subsection, be paid into the Consolidated Revenue Fund on March 31 of each year.

OVERHOLDING TENANTS AND ASSIGNMENTS

Date of termination: overholding tenant

37(1)       In the case of a tenant who continues to occupy a rental unit after the date of termination, the date of termination under this Part is deemed to be the day the tenant ceases to occupy the rental unit.

Date of termination: assignment

37(2)       In the case of a tenant who assigns a tenancy agreement under Part 4, the date of termination under this Part is deemed to be the date the assignment takes effect.

SET-OFF OF SECURITY DEPOSIT AGAINST RENT

Right to set-off if deposit exceeds permitted amount

38(1)       If a landlord receives a security deposit in excess of the amount permitted, the tenant may set off the excess amount and interest at the prescribed rate against the rent due.

Set-off with consent

38(2)       A landlord or a tenant may, with the other's consent, apply a security deposit and interest at the prescribed rate against the rent due by the tenant for the rental payment period immediately preceding the landlord's regaining possession of the rental unit.

CONDITION REPORTS

Landlord or tenant may request condition report

39(1)       At or before the beginning of a tenancy, or at the time of a subletting or of an assignment of a tenancy agreement, the landlord or the tenant may request that a condition report be completed for the rental unit and, if the rental unit is furnished, for the furniture.

Inspection

39(2)       When a request is made under subsection (1), the landlord and tenant shall

(a) inspect the rental unit on or before the date the tenancy begins and again on termination of the tenancy;

(b) if the request is made at the time of a subletting or an assignment, inspect the rental unit at that time; and

(c) if the rental unit is furnished, inspect the furniture as soon as reasonably practicable after the tenant takes possession of the furniture and again on termination of the furniture rental agreement.

Completion of condition report

39(3)       After an inspection under subsection (2), the landlord shall complete a condition report in the prescribed form accurately recording the results of the inspection, the landlord and tenant shall both sign and date it and the landlord shall ensure that the tenant is given a signed copy.

Purpose of condition report

39(4)       A condition report completed in accordance with this section may be considered for the purpose of resolving disputes arising under this Act.

PART 4

CHANGE OF TENANT OR LANDLORD

GENERAL

Change of landlord

40          Subject to this Part, when there is a change of landlord, all benefits and obligations arising under this Act, and any additional benefits and obligations arising under a written tenancy agreement, bind the new landlord.

Change of tenant

41          Subject to this Part, when there is an assignment or subletting of a tenancy agreement by a tenant, all benefits and obligations arising under this Act, and any additional benefits and obligations arising under a written tenancy agreement, bind the new tenant or sub-tenant.

ASSIGNMENT AND SUBLETTING

Right to assign or sublet

42(1)       A tenant may, with the landlord's consent, transfer his or her right to occupy the rental unit to another person, but the transfer may only be one of the following types:

1.

If the tenant does not intend to return to the rental unit, the tenant may give up all of his or her interest in the rental unit to the other person, in which case the transfer is called an assignment.

2.

If the tenant intends to return to the rental unit, the tenant may give the right to occupy the rental unit to the other person for a term ending on a specified date before the end of the tenant's term, in which case the transfer is called a subletting.

Exception

42(2)       A tenant may not sublet a rental unit or assign a tenancy agreement in respect of

(a) subsidized housing; or

(b) a caretaker's or an employee unit.

No assignment where condominium declaration

42(3)       A tenant may not assign a tenancy agreement for a rental unit under an agreement described in clause 5(2)(d) of The Condominium Act.

Consent

43(1)       An assignment or subletting is not valid unless the landlord gives written consent, which the landlord shall not withhold unreasonably.

No charge for consent

43(2)       A landlord shall not request or receive any consideration, directly or indirectly, for giving a consent, other than for the landlord's prescribed expenses.

Form of consent to assign or sublet

43(3)       A consent to assign or sublet must be in the prescribed form and must be signed by the landlord.

Form of assignment

44(1)       An assignment must be in the prescribed form and must be signed by the tenant and the new tenant and, if there is a written tenancy agreement, a copy must be attached.

Form of subletting agreement

44(2)       An agreement to sublet must be in the prescribed form and must be signed by the tenant and the sub-tenant and, if there is a written tenancy agreement, a copy must be attached.

When assignment or subletting takes effect

45          An assignment or subletting takes effect on the date the new tenant or sub-tenant is entitled to occupy the rental unit.

Improper assignment or subletting

46(1)       If a transfer of the right to occupy a rental unit does not comply with section 43, possession of the rental unit by the occupant does not constitute a tenancy agreement between the landlord and the occupant, but the occupant is nevertheless bound by the obligations of the tenant who transferred the right to occupy the rental unit.

Exception

46(2)       Despite subsection (1), if a landlord indicates an intention to accept the occupancy as an assignment or a subletting under this Act, the transfer of occupancy is deemed to have been validly made from the time the new tenant or sub-tenant first occupied the rental unit.

Delivery of tenancy agreement

46(3)       When a transfer of occupancy is deemed to be an assignment or subletting under subsection (2), the landlord or the tenant shall, upon request, give the new tenant or sub-tenant a copy of any written tenancy agreement respecting the rental unit.

Prohibitions re subletting and assignment

47          A tenant shall not

(a) sublet the rental unit for a rent that is greater than the rent the landlord may lawfully charge;

(b) sublet any part of the rental unit for a rent which together with the rents payable for the other parts of the rental unit is greater than the rent the landlord may charge for the rental unit;

(c) if the rental unit is furnished,

(i) transfer his or her interest in furniture for an amount that is greater than the furniture rental the landlord may charge; or

(ii) transfer his or her interest in any part of the furniture for an amount which together with other amounts payable for the furniture is greater than the furniture rental the landlord may charge for the furniture; or

(d) request or receive from a new tenant or sub-tenant a payment or other consideration for the assignment or subletting of a rental unit or furniture other than reimbursement for rent, furniture rental or other charge payable by a tenant in accordance with this Act.

Consequences of assignment

48          When there is an assignment under this Act,

(a) the new tenant is liable to the landlord for any contravention of the tenant's obligations under the tenancy agreement or this Act, if the contravention relates to the period after the assignment, whether or not the contravention began before the assignment;

(b) the new tenant is entitled to enforce against the landlord any obligation of the landlord under this Act or the tenancy agreement, if the contravention relates to the period after the assignment, whether or not the contravention began before the assignment;

(c) the former tenant is liable to the landlord for any contravention of the tenant's obligations under the tenancy agreement or this Act, if the contravention relates to the period before the assignment; and

(d) the former tenant is entitled to enforce against the landlord any obligation of the landlord under the tenancy agreement or this Act, if the contravention relates to the period before the assignment.

Consequences of subletting

49          When there is a subletting under this Act,

(a) the tenant remains entitled to the benefits, and is liable to the landlord for any contravention of the tenant's obligations under this Act and the tenancy agreement, during the term of the subletting; and

(b) the sub-tenant is entitled to the benefits, and is liable to the tenant for any contravention of the sub-tenant's obligations under this Act, the tenancy agreement and the subletting agreement, during the term of the subletting.

When subletting terminated

50(1)       Subject to subsection (2), a subletting is terminated on the date agreed between the tenant and sub-tenant.

Failure to terminate subletting

50(2)       If for a period of 60 days after the end of a term of subletting, a sub-tenant continues to occupy a rental unit without positive steps being taken by the tenant or landlord to obtain possession, a valid assignment to the sub-tenant is deemed to have taken place as of the date the sub-tenant first occupied the unit under the subletting agreement except that, for the purpose of Part 3, an assignment is deemed to have taken place 60 days after the end of the term of subletting.

CHANGE OF LANDLORD

New landlord to inform tenants of change

51(1)       When the landlord of a residential complex changes, the new landlord shall, on assuming possession of the residential complex, give each tenant a notice in writing in the prescribed form setting out

(a) the new landlord's legal name, telephone number and address for giving or sending documents;

(b) the name, address and telephone number of the landlord's agent, if any, who is responsible for making repairs and collecting rent on the landlord's behalf; and

(c) the amount of the security deposit being held for the rental unit and the interest at the prescribed rate that has accrued to the date of possession of the residential complex by the new landlord.

Transfer of security deposits

51(2)       When the landlord of a residential complex changes, a former landlord who holds a security deposit or deposits in trust shall

(a) pay to the new landlord, upon the new landlord's assuming possession of the residential complex, the security deposits and interest at the prescribed rate that has accrued to the date of possession; and

(b) provide the new landlord with a statement in writing of

(i) the name of each tenant who gave a security deposit, the date it was given, the original amount of the security deposit and interest payable with respect to it, if any, and the date the security deposit was deposited in a security deposit trust account, and

(ii) the number of the rental unit and the name and address of the residential complex in respect of which each security deposit was given.

Change in trust obligations of former landlord

51(3)       When a former landlord pays the security deposits and interest that he or she holds in trust to the new landlord, the former landlord is discharged as trustee and the new landlord becomes trustee of the fund.

Person to whom rent is payable

51(4)       A tenant may continue without prejudice to pay rent or furniture rental to the landlord until he or she receives the written notice required under subsection (1).

If tenant uncertain

51(5)       A tenant who is uncertain as to who is entitled to be paid the rent or furniture rental may apply to the director for a determination, and the director may

(a) determine to whom the rent or furniture rental is to be paid; or

(b) if the director is unable to determine the person to whom payment should be made, make a decision or order that the tenant pay the rent or furniture rental to the director until the person entitled is determined, at which time the rent or furniture rental shall be paid to that person.

Consequences of change of landlord

52(1)       Subject to subsections (2) and (3), when there has been a change of landlord,

(a) the new landlord is liable to a tenant for any contravention of the landlord's obligations under the tenancy agreement or this Act, if the contravention relates to the period after the change of landlord, whether or not the contravention began before the change of landlord;

(b) the former landlord is liable to a tenant for any contravention of the landlord's obligations under the tenancy agreement or this Act, if the contravention relates to the period before the change of landlord;

(c) the new landlord is entitled to enforce against a tenant any obligation of the tenant under the tenancy agreement or this Act, if the contravention relates to the period after the change of landlord, whether or not the contravention began before the change of landlord; and

(d) the former landlord is entitled to enforce against a tenant any obligation of the tenant under the tenancy agreement or this Act, if the contravention relates to the period before the change of landlord.

Obligation re excess rents

52(2)       A new landlord is liable to a tenant for contravention of an obligation by a former landlord to repay rent paid by the tenant

(a) that exceeds the amount permitted under Part 9; and

(b) that was paid in the 2 year period before the change in landlord.

Obligation re security deposits

52(3)       A new landlord is liable to pay to a tenant a security deposit or part of a security deposit and interest due to the tenant but not paid by a former landlord.

Right of recovery by new landlord

52(4)       Subject to an agreement to the contrary between the new and former landlord, if a new landlord is found liable for the contravention of an obligation of a former landlord under subsection (2) or (3), the new landlord is entitled to recover the money paid from the former landlord.

PART 5

BENEFITS AND OBLIGATIONS

MUTUAL OBLIGATIONS

Duty to provide doors and locks

53(1)       A landlord shall provide and maintain sufficient doors, locks and other devices to make a rental unit reasonably secure.

Change of locks or doors: rental unit

53(2)       A landlord or a tenant shall not, except with the other's consent, change or interfere with a lock, door or other device that has been installed to secure a rental unit, and neither the landlord nor the tenant shall withhold consent unreasonably.

Change of locks or doors: residential complex

53(3)       A landlord or a tenant shall not change or interfere with the operation of a lock, door or other device installed to secure a residential complex if to do so unreasonably interferes with the other's right of access to the residential complex.

Landlord's right to enter rental unit

54(1)       A landlord shall not enter a rental unit occupied by a tenant under a tenancy agreement except where

(a) an emergency exists and entry to the rental unit is necessary;

(b) the tenant consents to the entry;

(c) the landlord shows the rental unit to a prospective tenant after notice of termination is given under this Act but before the tenant has vacated the unit;

(d) the landlord inspects the rental unit on the day the tenant is required to vacate the unit to complete a rental unit or furniture condition report or to determine if the tenant has fulfilled the tenant's obligations under this Act and the tenancy agreement, and the inspection takes place at a reasonable time;

(e) the landlord in good faith believes that the rental unit has been abandoned by the tenant and gives written notice to the tenant in accordance with subsection (2);

(f) the landlord gives written notice in accordance with subsection (3) and entry is for one of the following purposes:

(i) to perform an obligation of the landlord under this Act or the tenancy agreement,

(ii) to complete a rental unit or furniture condition report if the tenant has requested the landlord's consent to an assignment or subletting,

(iii) to permit a mortgagee or insurer or prospective mortgagee or insurer to inspect the unit when a mortgage or insurance coverage is being arranged or renewed on the residential complex, or

(iv) to show the rental unit to prospective purchasers of the rental unit or residential complex.

Notice requirement for entry: abandoned unit

54(2)       A landlord who intends to enter a rental unit under clause (l)(e)

(a) shall leave a notice at the rental unit, not less than 24 hours before the first time of entry, specifying that the landlord believes in good faith that the rental unit has been abandoned and intends to enter at a specified day and hour unless the tenant notifies the landlord before that time that the rental unit has not been abandoned; and

(b) may enter the rental unit only if he or she does not receive a notice from the tenant before the specified time of intended entry.

Notice requirements for entry

54(3)       For the purpose of clause (l)(f), a notice of entry by a landlord shall

(a) specify the purpose of entry and the time or times of entry, which must be reasonable; and

(b) be given not less than 24 hours and not more than 2 weeks before

(i) the time of entry specified in the notice, or

(ii) if more than 1 time of entry is specified, the first time specified.

Objection by tenant to notice

54(4)       Unless the tenant objects to the days and hours set out in a notice under subsection (3) and specifies reasonable alternative days and hours, the landlord may enter in accordance with the notice.

Compensation for breach of Act or agreement

55(1)       A landlord or a tenant who breaches a tenancy agreement or contravenes this Act is liable to compensate the other party to the agreement for loss suffered by that party as a result of the breach or contravention.

Duty to minimize losses

55(2)       When a landlord or a tenant becomes liable to compensate another person, the person entitled to claim compensation has a duty to minimize his or her losses.

Landlord's duty to re-rent unit

55(3)       Without limiting subsection (2), when a tenant abandons a rental unit, the landlord shall endeavour to re-rent the unit as soon as practicable.

LANDLORD'S OBLIGATIONS

Obligation to make rental unit available

56          A landlord shall give vacant possession to the tenant of a rental unit on the date the tenancy begins.

Acknowledgement of receiving rent

57          On receiving rent in cash, a landlord shall give the tenant, or the person who pays rent on behalf of the tenant, a written acknowledgement of receipt setting out the amount received, the day it was received and the address of the rental unit and residential complex for which it was given.

Obligation to maintain appearance

58          Subject to any obligations of the tenant under this Act, a landlord shall maintain the appearance of the rental unit in a proper and suitable condition for occupancy having regard to the length of the tenancy.

Obligation to repair

59(1)       During a tenancy, a landlord shall provide and maintain

(a) the rental unit and the residential complex; and

(b) the services and facilities expressly or impliedly promised by the landlord, whether or not included in a written tenancy agreement;

in a good state of repair, fit for habitation and in a state that complies with health, building and maintenance and occupancy standards required by law.

Knowledge of non-repair immaterial

59(2)       Subsection (1) applies regardless of whether a state of non-repair, unfitness for habitation, or contravention of a health, building or maintenance and occupancy standard existed to the knowledge of the tenant before the tenancy agreement was entered into.

Orders respecting repair

59(3)       A certified copy of a final order made under an Act, regulation or by-law requiring that

(a) a rental unit or a residential complex; or

(b) services and facilities expressly or impliedly promised by the landlord, whether or not included in a written tenancy agreement;

be put in a state that complies with health, building or maintenance and occupancy standards may be filed with the director, and on filing is deemed to be a decision or order of the director under subsection 154(1) for the purpose of making a decision or order under subsection 154(1) or (2).

Definition of "final order"

59(4)       In subsection (3), "final order" means an order, notice or similar directive in respect of which

(a) there is no right of appeal;

(b) any relevant appeal period has expired and no appeal has been taken or an appeal has been taken but has been withdrawn or abandoned; or

(c) any right of appeal has been exhausted.

Duty not to withhold vital services

60(1)       A landlord shall not withhold or cause to be withheld the supply of a vital service such as heat, gas, electricity, hot and cold water or other public utility that the landlord is obligated to supply under the tenancy agreement, or deliberately interfere with the supply of a vital service whether or not it is the landlord's obligation to supply it.

Notice if utility to be discontinued

60(2)       No corporation, including a municipal corporation, that supplies a public utility to a building or mobile home park that the corporation has reason to believe is a residential complex shall stop or interfere with the supply to the residential complex or a rental unit because of a failure to pay a rate or charge due to the corporation unless the corporation, before the day on which the supply is to be stopped or interfered with, advises the director in writing of its intention to do so.

Role of director in preventing discontinuance

60(3)       When the director receives a notice under subsection (2), or when the director is otherwise notified that the supply of a public utility to a residential complex or a rental unit has been or is likely to be stopped or interfered with, the director may, if he or she is of the opinion that the landlord of the residential complex has contravened or is likely to contravene an obligation to supply the public utility to the residential complex, make an order prohibiting the corporation from stopping or interfering with the supply for a time that appears reasonable.

Duty not to withhold services and facilities

61(1)       A landlord shall not withhold, reduce or interfere with, or threaten to withhold, reduce or interfere with, services and facilities supplied to a rental unit or residential complex that the landlord has expressly or impliedly promised to supply under a tenancy agreement.

Services not specified in agreement

61(2)       If services and facilities are reasonably related to the continued use and occupancy of a rental unit, but are not expressly or impliedly provided for in the tenancy agreement, the landlord shall ensure that they are continued.

Exceptions

61(3)       Subsections (1) and (2) do not apply to the extent that services and facilities are reduced or withheld

(a) temporarily for the purpose of repair or replacement, on reasonable notice to the tenants; or

(b) in accordance with an order under Part 9 permitting the reduction or withdrawal.

Substitution of service

61(4)       If services and facilities are provided under a tenancy agreement, the director may, on application by the landlord, make an order authorizing the substitution of equivalent services and facilities.

Landlord's duty not to interfere with enjoyment

62          A landlord or a person the landlord permits in the residential complex shall not interfere with the enjoyment of the rental unit or residential complex for all usual purposes by a tenant or a member of the tenant's household.

No seizure of tenant's property

63          A landlord shall not seize the personal property of a tenant for a contravention by the tenant of the tenancy agreement or this Act, including the obligation to pay rent.

Posting notice of landlord's name

64          When a landlord rents more than 1 rental unit in the same residential complex and retains possession of part of the complex for the common use of all tenants, the landlord shall post and keep posted in a conspicuous place an up-to-date notice setting out

(a) the landlord's legal name, telephone number and address for giving or sending documents; or

(b) the name, address and telephone number of the landlord's agent who is responsible for making repairs and collecting rents on the landlord's behalf.

Restraint of trade prohibited

65(1)       Except as provided in subsection (2), a landlord shall not restrict the right of a tenant to purchase goods or services from a person of his or her choice.

When tradesperson may be prohibited from entry

65(2)       If a tradesperson has

(a) unduly disturbed the peace and quiet of the residential complex; or

(b) failed to observe reasonable rules of conduct established by the landlord despite a request by the landlord to discontinue the conduct;

the landlord may restrict or prohibit the entry of the tradesperson into the residential complex.

Access by persons invited by tenant

66(1)       A landlord shall not unreasonably restrict access to a rental unit or reasonable access to and use of common areas in the residential complex by persons entering the residential complex with the express or implied consent of a tenant of the rental unit.

Access by political canvassers

66(2)       A landlord shall not restrict reasonable access to rental units or a residential complex by candidates, or their authorized representatives, for election to the House of Commons, the Legislative Assembly, or any office in a municipal government, local government district, school board or other similar body, for the purpose of canvassing or distributing election material.

Landlord to investigate complaints

67          If a person informs the landlord that a contravention of an obligation imposed by section 73 (tenant's duty not to disturb others) or 74 (tenant's duty not to impair others' safety) has occurred or is likely to occur, the landlord shall without delay enquire into the complaint and make a reasonable effort to remedy the situation.

Rent increase with intent to evict

68(1)       A landlord shall not increase the rent for a rental unit that

(a) is in a hotel, motel, inn, tourist home, hostel or other similar accommodation; or

(b) is a room provided as living accommodation in a boarding house;

with the expectation or intention that the tenant will vacate the rental unit.

Presumed intent

68(2)       A landlord is presumed to contravene subsection (1) if

(a) the landlord increases the rent and the tenant vacates the rental unit as a result of the increase; and

(b) the landlord does not within 2 months of the tenant's vacating the rental unit enter into a tenancy agreement in good faith with a new tenant at a rent greater than 95% of the increased rent demanded of the former tenant.

Landlord's duty to disclose

68(3)       At the written request of a former tenant or the director, a landlord shall disclose in writing to the tenant or the director

(a) whether or not the rental unit formerly occupied by the tenant was re-rented within 2 months after the date the tenant vacated it; and

(b) the amount of the rent being paid for the rental unit.

Landlord's liability

68(4)       A landlord who contravenes subsection (1) is liable to pay the tenant's reasonable moving expenses to new living accommodation, up to a maximum prescribed amount, and to compensate the tenant for the tenant's reasonable additional expenses.

Determination of additional expenses

68(5)       On application by a tenant, the director shall determine the amount of a tenant's expenses under subsection (4), which may include the increased rent that the tenant is or may be obliged to pay because of the termination, for up to 12 months.

TENANT'S OBLIGATIONS

Duty to pay rent and furniture rental

69(1)       A tenant shall pay the rent and furniture rental, if any, to the landlord on the dates specified in the tenancy agreement.

Right to withhold rent for non-compliance with standards

69(2)       If under an order, notice or similar directive of a provincial or municipal authority made under the authority of a statute, a tenant is required to vacate a rental unit because the rental unit or the residential complex does not comply with health, building or maintenance and occupancy standards, the tenant's obligation to pay rent and furniture rental is suspended, and the tenant may withhold payment as long as the order, notice or similar directive is in effect.

Obligation to keep unit clean

70          A tenant shall maintain ordinary health, cleanliness and sanitation standards in the rental unit and the residential complex.

No alteration or redecoration without consent

71(1)       A tenant shall not alter or redecorate a rental unit or residential complex without the prior consent of the landlord.

Consent subject to conditions

71(2)       A landlord who gives consent under subsection (1) may do so subject to reasonable conditions, and the tenant shall comply with those conditions when making alterations or redecorating.

Obligation to take care and repair damage

72(1)       A tenant shall take reasonable care, and ensure that any person he or she permits in the residential complex takes reasonable care, not to damage wilfully, negligently or by omission the rental unit or residential complex, including services and facilities, and shall, subject to subsection (2), repair any damage in a good and workmanlike manner within a reasonable time after receiving a written notice to do so by the landlord.

Exception for reasonable wear and tear

72(2)       A tenant is not liable for reasonable wear and tear to the rental unit or residential complex, including services and facilities provided by the landlord.

Duty not to disturb others

73          A tenant shall not unreasonably disturb, or allow another person the tenant permits in the residential complex to unreasonably disturb,

(a) the enjoyment for all usual purposes of the residential complex or any other rental unit by the landlord, another tenant or occupant of the residential complex, or a person permitted in the residential complex by any of those persons;

(b) the enjoyment of adjacent property for all usual purposes by occupants of that property.

Impairment of safety by tenant

74          A tenant or a person the tenant permits in the residential complex shall not by act or omission impair the safety or other lawful right or interest of the landlord, another tenant or occupant of the residential complex, or a person permitted in the residential complex by any of those persons.

Additional obligations and rules

75          A tenant shall comply with an additional obligation or rule imposed on the tenant in accordance with section 11.

Overcrowding

76          A tenant shall not permit so many persons to occupy the rental unit on a continuing basis that a contravention of health, safety or housing standards set out in law or in the tenancy agreement results.

Installation and removal of fixtures

77          A tenant shall, before vacating the rental unit, repair or compensate the landlord for any damage done to the rental unit by the installation or removal of personal property.

No misrepresentation of premises

78          A tenant shall not knowingly misrepresent the rental unit or the residential complex to a prospective tenant or purchaser of the rental unit or residential complex.

PART 6

TERMINATION OF TENANCY AGREEMENTS

GENERAL PROVISIONS

Interpretation

79          For the purpose of this Part, a rental payment period that exceeds 1 month is deemed to be 1 month.

Restriction on termination of tenancy

80(1)       A tenancy may not be terminated except in accordance with this Part.

Restriction on recovery of possession

80(2)       A landlord shall not regain possession of a rental unit unless

(a) an order is granted under this Act authorizing the landlord to regain possession; or

(b) the tenant has vacated or abandoned the rental unit.

Exception

80(3)       When possession by an occupant of a rental unit does not constitute a lawful tenancy, a landlord is not required to regain possession in accordance with subsection (2), but may elect to do so.

Termination by agreement

81          When a landlord and tenant agree in writing after a tenancy agreement is made to terminate the tenancy on a specified date, the tenancy is terminated on the specified date without further notice.

Termination on abandonment by tenant

82          A tenancy is terminated when the tenant abandons the rental unit, but the tenant remains liable, subject to subsections 55(2) and (3) (landlord's duty to minimize losses), to compensate the landlord for loss of future rent that would have been payable under the tenancy agreement.

Overholding tenant

83          When a tenancy agreement is terminated in accordance with this Part and the tenant continues to occupy the rental unit after the date of termination, the landlord and tenant continue to be bound by the tenancy agreement and the tenant is liable to compensate the landlord for the period the tenant continues to occupy the unit.

NOTICES OF TERMINATION

Notice of termination

84(1)       A notice of termination by a landlord must be in writing.

Notice of termination by tenant

84(2)       A notice of termination by a tenant may be oral or in writing.

Landlord may require tenant to give written notice

84(3)       A landlord may require a tenant who gives oral notice of termination to sign a written notice of termination by

(a) producing a notice to the tenant setting out the terms of the tenant's oral notice and requesting the tenant's signature; and

(b) advising the tenant that the tenancy is not terminated if the tenant fails to sign the notice;

and if the tenant fails to sign, the notice of termination is void.

Notice may be in any form

84(4)       A written notice of termination need not be in any particular form, but may be in the prescribed form.

Contents of notice

85          A notice of termination by either a landlord or a tenant shall

(a) identify the rental unit to which the notice applies;

(b) state the date on which the tenancy is to terminate, or that the tenancy is to terminate on the last day of the rental payment period following the giving of the notice;

(c) if the notice is given by the landlord, state the reason for the termination; and

(d) if the notice is in writing, be signed by the person giving it.

TERMINATION BY TENANT

Termination by failing to renew: written agreement with fixed term

86          If a written tenancy agreement specifies a date for it to end, and the tenant does not renew the tenancy under section 21, the tenancy is terminated on the specified date.

Termination by giving notice: oral or implied agreement with fixed term

87(1)       If a tenancy agreement is not in writing but the parties have specified a date for it to end, the tenant may terminate the tenancy on the specified date by giving the landlord a notice of termination that is not less than 1 rental payment period.

Termination by giving notice: agreement without fixed term

87(2)       A tenant may terminate a tenancy agreement that does not specify a date for it to end by giving the landlord a notice of termination on or before the last day of a rental payment period, to be effective not earlier than the last day of the following rental payment period.

Termination for landlord's failure to give possession

88          If a landlord fails to give vacant possession of the rental unit on the day the tenancy begins, the tenant may terminate the tenancy without notice to the landlord.

Termination for landlord's contravention of Act or tenancy agreement

89(1)       A tenant may give the landlord a notice of termination if

(a) the landlord contravenes or fails to comply with any of the following provisions of this Act:

(i) section 19 (obligation of landlord respecting furniture),

(ii) subsection 53(1) (duty to provide doors and locks),

(iii) subsection 53(2) (change of locks or doors: rental unit),

(iv) subsection 53(3) (change of locks or doors: residential complex),

(v) subsection 59(1) (landlord's obligation to repair),

(vi) subsection 60(1) (duty not to withhold vital services),

(vii) subsection 61(1) (duty not to withhold services),

(viii) subsection 61(2) (services not specified in agreement),

(ix) section 62 (duty not to interfere with enjoyment),

(x) section 113 (additional duties re mobile homes),

and the landlord fails to remedy the contravention within a reasonable time after receiving written notice to do so by the tenant; or

(b) the landlord breaches a material term of the tenancy agreement and fails to remedy the breach within a reasonable time after receiving written notice to do so by the tenant.

Length of notice

89(2)       Except as provided in subsections (3) and (4), a notice of termination under subsection (1) must not be less than 1 rental payment period effective on the last day of a rental payment period.

Notice when risk to health or safety

89(3)       If a contravention or breach referred to in subsection (1) poses a risk to the health or safety of a tenant or occupant of a rental unit, the tenant may give a notice of termination to be effective not earlier than 5 days after the notice is given.

Notice when rental unit uninhabitable

89(4)       If a contravention or breach referred to in subsection (1) makes a rental unit or the residential complex uninhabitable, the tenant may give a notice of termination effective immediately.

Termination for landlord's withholding consent to assign or sublet

90(1)       A tenant may give the landlord a notice of termination if the landlord unreasonably withholds consent to assign or sublet the rental unit under subsection 43(1).

Length of notice

90(2)       A notice of termination under subsection (1) must be not less than 1 rental payment period effective on the last day of a rental payment period.

Termination for increased rent

91(1)       A tenant who enters into a fixed term tenancy agreement that increases the rent by more than the maximum increase permitted by the regulations may terminate the tenancy in accordance with this section if the tenancy agreement was entered into before a determination was made of the appropriate amount of the increase under Part 9.

When notice to be given

91(2)       A notice of termination under subsection (1) must be given not later than 14 days after the director has made an order approving or refusing the rent increase under section 125, or, when the director's order is appealed to the commission, not later than 14 days after the commission has made a decision or order.

Length of notice

91(3)       A notice of termination under subsection (1) must not be less than 2 rental payment periods effective on the last day of a rental payment period.

Termination for tenant's inability to pay rent

92          If the income of a tenant or one of a group of tenants of a rental unit is so reduced because of deterioration of the tenant's health that it is not reasonably sufficient to pay the rent in addition to the tenant's other reasonable expenses or, if there is more than one tenant, the tenant's portion of the rent and other reasonable expenses, the tenant or tenants may terminate the tenancy by giving the landlord

(a) a notice of termination that is not less than 1 rental payment period effective on the last day of a rental payment period; and

(b) a certificate of a medical practitioner evidencing the deterioration of health.

Termination re move to personal care home

93(1)       If a tenant of a rental unit has been accepted into a personal care home, the tenant may terminate the tenancy by giving the landlord a notice of termination that is not less than 1 rental payment period effective on the last day of a rental payment period.

Termination on tenant's death

93(2)       If a tenant who occupies a rental unit alone dies, the tenant's personal representative may give a notice of termination that is not less than 1 rental payment period effective on the last day of a rental payment period.

Death of 1 of a group of tenants

93(3)       If 1 of a group of tenants of a rental unit dies and the income of the remaining tenants is not reasonably sufficient to pay the rent in addition to the other reasonable expenses of the remaining tenants, the remaining tenants may terminate the tenancy by giving the landlord a notice of termination that is not less than 1 rental payment period effective on the last day of a rental payment period.

TERMINATION BY LANDLORD: SCHOOL AGE CHILD

No termination when school age child

94(1)       When a tenant resides with a child in a rental unit that is conveniently accessible to a school, the landlord shall not terminate the tenancy during the school year unless the child is no longer attending a school to which the rental unit is conveniently accessible.

Exception

94(2)       Subsection (1) does not apply if

(a) the tenant has failed to pay the rent or furniture rental; or

(b) the landlord is entitled to give a notice of termination for cause under subsection 96(1).

TERMINATION BY LANDLORD FOR CAUSE

Termination for non-payment of rent

95(1)       If a tenant fails to pay the rent or furniture rental within 3 days after it is due, the landlord may give the tenant a notice terminating the tenancy on the day the rent or furniture rental was due.

Content of notice

95(2)       A notice given by a landlord under subsection (1) must specify the amount of the unpaid rent or furniture rental and state that the tenant is entitled to dispute the lawful right of the landlord to give notice.

Termination — N.S.F. cheque for security deposit

95(3)       When a security deposit given to a landlord in the form of a cheque or other negotiable instrument is not paid on presentation, the landlord may give a notice of termination to the tenant to be effective not earlier than 5 days after the notice is given unless within that time the tenant pays the security deposit and the prescribed costs to the landlord in cash or by certified cheque.

Tenant must pay security deposit within 5 days

95(4)       A tenant may, within 5 days after receiving a notice under subsection (3), pay the security deposit and the prescribed costs to the landlord in cash or by certified cheque and in that case the notice of termination is void.

Acceptance acts as a waiver

95(5)       By accepting late payment of rent, furniture rental or a security deposit, a landlord waives the right to terminate the tenancy unless at the time of accepting payment the landlord confirms that he or she intends to treat the agreement as terminated.

Director's authority re late payment

95(6)       If a tenant pays the amount of outstanding rent, furniture rental or a security deposit and any prescribed costs before an order of possession is granted, the director may order that a notice of termination is void, but the director may do so only if the tenant has not, without reasonable and justifiable cause, been habitually late in paying.

Termination for causes other than failure to pay

96(1)       A landlord may give the tenant a notice of termination if

(a) the tenant contravenes or fails to comply with any of the following provisions of this Act:

(i) subsection 20(1) (obligation of tenant respecting furniture),

(ii) subsection 53(2) (change of locks or doors: rental unit),

(iii) subsection 53(3) (change of locks or doors: residential complex),

(iv) section 70 (obligation to keep unit clean),

(v) subsection 72(1) (obligation to take care and repair damage),

(vi) section 73 (duty not to disturb others),

(vii) section 74 (impairment of safety by tenant),

(viii) section 76 (overcrowding),

(ix) section 78 (no misrepresentation of premises), or

(x) subsection 42(1) (assign or sublet without consent),

and the tenant fails to remedy the contravention within a reasonable time after receiving written notice to do so by the landlord;

(b) the tenant breaches a material term of the tenancy agreement and fails to remedy the breach within a reasonable time after receiving written notice to do so by the landlord; or

(c) the tenant fails to comply, within a reasonable time after having received written notice to do so from the landlord, with a rule as required by subsection 11(2) and the observance of the rule is essential to the reasonable operation of the residential complex.

Length of notice

96(2)       Except as provided in subsection (3), a notice of termination under subsection (1) must not be less than 1 rental payment period effective on the last day of a rental payment period.

Early termination for cause

96(3)       The landlord may give a notice of termination effective not earlier than 5 days after the notice is given if there is a contravention of

(a) section 70 (obligation to keep unit clean) or section 74 (impairment of safety by tenant), if the contravention poses an immediate risk to the health or safety of the landlord, or a person permitted in the residential complex by the landlord, or another tenant or occupant of the residential complex;

(b) subsection 72(1) (obligation to take care and repair damage), if the contravention results in extraordinary damage; or

(c) section 73 (duty not to disturb others).

TERMINATION BY LANDLORD: CARETAKER UNITS

Termination re caretaker and employee units

97(1)       A landlord may give a notice of termination to a tenant if

(a) the tenant's employment by the landlord as a caretaker, janitor, manager or superintendent is terminated; or

(b) the tenant occupies an employee unit and his or her employment is terminated.

Length of notice

97(2)       A notice of termination under subsection (1) must be given within 3 rental payment periods after the termination of employment, and be not less than 1 rental payment period effective on the last day of a rental payment period, unless the director orders otherwise.

Early termination by tenant

97(3)       A tenant who is given notice under subsection (1) may, unless there is a prior agreement to the contrary, terminate the tenancy at any time after the date of termination of employment by giving a notice of termination to the landlord.

Exception

97(4)       This section does not apply if the caretaker, janitor, manager, superintendent or employee was a tenant in possession of the rental unit for which the notice is given prior to being employed by the landlord, unless the director orders otherwise.

TERMINATION BY LANDLORD: LANDLORD'S USE OF PROPERTY

Termination on sale or for landlord's use

98(1)       A landlord may give a notice of termination to a tenant if

(a) the landlord enters into an agreement in good faith with a purchaser for the sale of a residential complex in which a rental unit is occupied under a tenancy agreement, and

(i) any conditions precedent in the sale agreement have been satisfied,

(ii) the purchaser intends in good faith that the purchaser, the purchaser's spouse, a parent of the purchaser or the purchaser's spouse or any of the adult children of the purchaser or the purchaser's spouse will occupy the rental unit, and

(iii) the purchaser requests in writing that the landlord give the tenant a notice of termination; or

(b) the landlord intends in good faith that the landlord, the landlord's spouse, a parent of the landlord or the landlord's spouse or any of the adult children of the landlord or the landlord's spouse will occupy the rental unit.

Length of notice

98(2)       A tenancy may be terminated under subsection (1) on the later of

(a) the end of the tenancy agreement, if the agreement specifies a date for it to end; or

(b) the last day of a rental payment period at least

(i) 1 month after a notice is given under clause (l)(a); and

(ii) 3 months after a notice is given under clause (l)(b).

Payment of moving expenses

98(3)       A landlord who terminates a tenancy under subsection (1) shall pay the tenant's reasonable moving expenses to new living accommodation, up to a maximum prescribed amount.

Payment of compensation

98(4)       If a tenant vacates a rental unit after being given a notice under subsection (1), and

(a) the purchaser, in the case of a notice under clause (l)(a); or

(b) the landlord, in the case of a notice under clause (l)(b);

did not in good faith require the rental unit for the purpose specified, the purchaser or the landlord, as the case may be, shall compensate the former tenant for the tenant's reasonable additional expenses.

Determination of tenant's expenses

98(5)       On application by a tenant, the director shall determine the amount of a tenant's moving and additional expenses under this section, and the additional expenses may include the increased rent that the tenant is or may be obliged to pay because of the termination, for up to 12 months.

Termination on demolition, renovation or change of use

99(1)       A landlord may give a notice of termination to a tenant if the landlord intends in good faith to occupy or use a rental unit for the purpose of

(a) demolition within 6 months after the date of termination;

(b) renovating the rental unit or the residential complex to such an extent that vacant possession is necessary to perform the renovation;

(c) converting it, within 6 months after the date of termination, into a use other than as a rental unit occupied under a tenancy agreement; or

(d) converting it into living accommodation of which a co-operative housing corporation is the landlord and a member or shareholder of the corporation is the tenant without the intention of permitting the building to be occupied by tenants who are not members or shareholders of the corporation prior to the completion of the conversion.

Length of notice

99(2)       A tenancy may be terminated under subsection (1) on the later of

(a) the end of the tenancy agreement, if the agreement specifies a date for it to end; or

(b) the last day of a rental payment period at least 3 months after the notice of termination is given.

Payment of moving expenses

99(3)       A landlord who terminates a tenancy under subsection (1) shall pay the tenant's reasonable moving expenses to new living accommodation, up to a maximum prescribed amount.

Payment of compensation

99(4)       When a tenant vacates a rental unit after having been given a notice of termination under subsection (1) and the landlord does not occupy or use the rental unit for the purpose specified or within the required period of time, the landlord shall compensate the tenant for the reasonable additional expenses incurred or that may be incurred by the tenant because of the termination.

Determination of tenant's expenses

99(5)       On application by a tenant, the director shall determine the amount of a tenant's moving and additional expenses under this section, and the additional expenses may include the increased rent that the tenant is or may be obliged to pay because of the termination, for up to 12 months.

Tenant's right of first refusal: renovation

99(6)       When a tenant receives notice of termination for the purposes of renovation under clause (l)(b) and indicates in writing to the landlord, before vacating the unit, that he or she wishes to have a right of first refusal to rent the unit when the renovation is complete, the tenant has a right of first refusal to rent the unit at the lowest rent that would be charged to any other tenant for the same unit.

Tenant's right of first refusal: rehabilitation scheme

99(7)       Subsection (6) also applies when an order is made under section 134 approving a rehabilitation scheme and the tenant in the course of proceedings under that section indicates that he or she wishes to have a right of first refusal to rent the unit when the rehabilitation scheme is complete.

Landlord's obligation re right of first refusal

99(8)       A landlord shall not deprive a tenant of the benefit of a right of first refusal under subsection (6) or (7).

Special termination period for mobile home sites

100         A notice of termination under section 98 or 99 in respect of a site for a mobile home shall be not less than 6 months, except where the tenant rents a mobile home and the site for the mobile home under a single tenancy agreement.

Early termination by tenant

101         A tenant who receives a notice of termination under sections 98 to 100 may, before the effective date of termination, terminate the tenancy by giving the landlord a notice of termination that is not less than 1 rental payment period effective on the last day of a rental payment period.

TERMINATION BY LANDLORD: TEMPORARY AND SUBSIDIZED ACCOMMODATION

Landlord's rights when tenancy is temporary

102(1)      When a landlord rents his or her residence as a rental unit for a temporary period on the understanding that the tenant is to give vacant possession to the landlord for the landlord's use at the end of the temporary period, the tenancy is terminated on the date that the tenancy agreement specifies that it will end or, if the tenancy agreement does not so specify, by the landlord's giving the tenant a notice of termination of not less than 1 rental payment period to be effective on the last day of a rental payment period.

Effect of temporary tenancy

102(2)      Sections 98 to 101 do not apply to a temporary tenancy described in subsection (1).

Tenant in subsidized housing

103(1)      When a tenant ceases to be eligible for the particular rental unit he or she occupies in subsidized housing, the landlord may, subject to subsection (2), terminate the tenancy by giving the tenant a notice of termination of not less than 3 rental payment periods to be effective on the last day of a rental payment period.

Tenant in need of subsidized bousing

103(2)      When

(a) a tenant of subsidized housing ceases to be eligible to occupy the particular rental unit that he or she occupies; and

(b) the tenant is eligible to occupy subsidized housing of a kind provided by the landlord;

the landlord shall not give a notice of termination to the tenant until the landlord has made every reasonable effort to make available to the tenant a rental unit for which the tenant is eligible in the vicinity of the rental unit that the tenant occupies.

TERMINATION BY STATUTE OR BY FRUSTRATION OF AGREEMENT

Termination by government authority

104         When vacant possession of a rental unit is required in order to comply with an order made under statute by a federal, provincial or municipal government authority, the landlord or the authority is entitled to terminate the tenancy and to have vacant possession within the period specified in the statute, or, if no period is specified, within a reasonable period.

Rental unit destroyed or uninhabitable

105(1)      When a rental unit or residential complex is made uninhabitable because of fire, flood or other occurrence, or when a tenancy agreement is otherwise frustrated, the tenancy is deemed to be terminated on the date performance becomes impossible or the tenancy agreement is otherwise frustrated.

Tenant's right to first refusal

105(2)      When a tenancy is terminated under subsection (1) because the rental unit or residential complex is uninhabitable and the tenant within 1 month of the date of termination indicates in writing to the landlord that he or she wishes to have a right of first refusal to rent the rental unit if the unit becomes habitable, the tenant shall, if the rental unit is made habitable within 1 year of the date the tenancy is terminated, have a right of first refusal to rent the unit at the lowest rent that would be charged to any other tenant for the same unit.

Landlord's obligation re right of first refusal

105(3)      A landlord shall not deprive a tenant of the benefit of the right of first refusal under subsection (2).

Exception

105(4)      Subsections (2) and (3) do not apply to a temporary tenancy described in subsection 102(1).

PART 7

TENANT'S PERSONAL PROPERTY

Abandoned personal property

106(1)      Unless a landlord and tenant have made a specific agreement providing for the storage of personal property, when a tenant leaves personal property in a rental unit or residential complex that the tenant has vacated or abandoned, the landlord may

(a) remove and store the personal property; and

(b) with the approval of the director, sell or dispose of it in accordance with conditions set by the director.

Landlord to give inventory

106(2)      A landlord who removes personal property under subsection (1) shall, at the earliest reasonable opportunity, give the director an inventory of the property in the prescribed form and, if the address of the tenant is known to the landlord, the landlord shall give the tenant a copy of the inventory.

Disposition of property

106(3)      When a landlord alleges that

(a) an item of personal property is of no monetary value or is unsanitary or unsafe to store; or

(b) the sale of the property would realize an amount that is less than the cost of removing, storing and selling it;

the director may permit the landlord to dispose of the personal property in a manner and subject to conditions set by the director.

Remaining property to be stored

106(4)      Property that is not disposed of under subsection (3) shall, subject to the direction of the director, be stored in a safe place and manner for at least 90 days.

When property to be returned to tenant

106(5)      A tenant or owner of an item of personal property stored by the landlord may claim the item by paying the landlord the reasonable cost of removing and storing the personal property, and the landlord shall give the item to the tenant or owner and notify the director.

Sale of unclaimed property

107(1)      If no person claims an item of personal property stored by the landlord within the 90 days referred to in subsection 106(4), or having claimed it, fails to remove it, the landlord may sell or dispose of the item in a manner and subject to conditions set by the director.

Proceeds of sale

107(2)      Subject to any conditions set by the director, a landlord who sells an item of personal property under subsection (1)

(a) may retain that part of the proceeds of the sale necessary to reimburse the landlord for the reasonable costs of removing, storing and selling the property, and to satisfy any decision or order for compensation made in the landlord's favour by the director; and

(b) shall give the balance of the proceeds to the director along with a written report in the prescribed form regarding the sale and the distribution of the proceeds.

Unclaimed proceeds forfeited to Crown

107(3)      The director shall hold the proceeds received under clause (2)(b) for 2 years, after which they are forfeited to the Crown, and on forfeiture the director shall deposit them into the account referred to in subsection 36(1).

Purchaser in good faith acquires good tide

107(4)      A purchaser in good faith of an item of personal property sold in accordance with this section shall, subject to The Personal Property Security Act, be deemed to have acquired good title to the property, free and clear of any other interest.

Substantial compliance protects landlord

108         A landlord who substantially complies with this Part is not liable to the tenant or any other person for loss suffered by the tenant or other person as a result of the removal, storage, disposal or sale by the landlord of abandoned personal property.

PART 8

MOBILE HOMES

Tenant's right to sell

109(1)      A landlord shall not restrict the right of a tenant to sell, lease or otherwise part with possession of a mobile home or an interest in a mobile home owned by the tenant.

Landlord as agent

109(2)      A landlord shall not receive compensation for acting as an agent for the tenant in negotiations to sell, lease or otherwise part with possession of a mobile home located in a mobile home park, except under a written agency contract entered into after the tenant decides to sell, lease or otherwise part with possession of the mobile home.

No restriction on removal

110(1)      Except as provided in subsection (2), a landlord shall not restrict by agreement or otherwise the right of a tenant to remove a mobile home from its site or the mobile home park, in whatever manner the tenant sees fit.

Exception

110(2)      A landlord may impose and the tenant shall obey reasonable restrictions on the removal of a mobile home from a mobile home park for the purpose of ensuring that the removal does not

(a) unduly disturb the peace and quiet of the mobile home park;

(b) violate the traffic rules of the mobile home park; or

(c) create a danger to persons or property in the mobile home park.

Planting of trees, etc.

111         Unless required by law, a landlord shall not require a tenant to plant trees, plants or shrubs on a site for a mobile home but, subject to an agreement to the contrary, a tenant may voluntarily do so.

Certain charges prohibited

112         A landlord shall not make a charge respecting

(a) entry into or exit from a mobile home park; or

(b) the installation or removal of a mobile home in or from a mobile home park;

except a sum to compensate the landlord for his or her reasonable expenses arising out of the installation or removal of a mobile home.

Additional duties of landlord re mobile homes

113         In addition to the other obligations of a landlord under this Act, a landlord shall ensure that

(a) garbage in a mobile home park is completely removed or disposed of in accordance with applicable laws, regulations and by-laws or, where none are in force, at least once each week;

(b) all roads in a mobile home park are graded and maintained in a good state of repair;

(c) snow is cleared from mobile home park roads to maintain, as much as possible, the same width of passage on the roads at all times throughout the year;

(d) the plumbing, sewage, fuel and electrical systems in a mobile home park are maintained in a good state of repair;

(e) the grounds of a mobile home park and all buildings, structures, enclosures and equipment intended for the common use of the tenants is maintained in a good state of repair and cleanliness; and

(f) damage to a tenant's property in a mobile home park caused by the wilful or negligent conduct of the landlord is repaired.

Landlord's obligation re exterior

114(1)      A landlord who provides a mobile home to a tenant as a rental unit shall maintain its exterior in a good state of repair.

Tenant's obligation re exterior

114(2)      A tenant who provides his or her own mobile home on a site that is a rental unit shall maintain the exterior of the mobile home in a good state of repair.

Tenant's obligation to keep exterior and site clean

114(3)      When a mobile home is located on a site that is a rental unit, the tenant shall maintain

(a) the exterior of the mobile home in a reasonable state of cleanliness; and

(b) the site for the mobile home in a good state of neatness, cleanliness and repair;

regardless of whether it is the landlord or the tenant who provides the mobile home.

PART 9

RENT REGULATION

APPLICATION OF THIS PART

Application

115         Except as provided in section 116, this

Part applies to rent increases for all rental units, whether or not a rental unit is subject to a tenancy agreement at the time a notice of rent increase is given or an application for a rent increase is made.

Non-application to specified units

116(1)      This Part, except sections 117 to 119, does not apply to a rental unit that is

(a) located in a hotel, motel, inn, tourist home, hostel or other similar accommodation;

(b) a caretaker's unit, while occupied by a person employed by a landlord as a caretaker, janitor, manager or superintendent of the residential complex or part of the residential complex;

(c) an employee unit, while occupied by an employee;

(d) a room provided as living accommodation in a boarding house; or

(e) exempted by the regulations.

Non-application to new buildings and rehabilitation schemes

116(2)      This Part, except sections 117 to 119, does not apply to a rental unit in a residential complex or part of a residential complex

(a) that is a new building for which an occupancy permit is required, for 5 years after the earlier of

(i) the day the first occupancy permit for the building is issued, or

(ii) the day a rental unit in the building is first occupied by a tenant; or

(b) that is a new building for which no occupancy permit is required, for 5 years after a rental unit in the building is first occupied by a tenant; or

(c) in respect of which an exemption is granted for a rehabilitation scheme under clause 134(2)(b).

Non-application to certain laundry facilities

116(3)      This Part does not apply to separate charges for laundry facilities provided by a person who is at arm's length to the landlord, except in the circumstance described in section 130.

RESTRICTIONS ON RENT INCREASES

Unauthorized rent prohibited

117         No landlord shall charge rent and no tenant is liable to pay rent in excess of the amount permitted under this Part.

Twelve months between rent increases

118(1)      The rent charged for a rental unit shall not be increased more than once in any 12-month period.

Exception

118(2)      Subsection (1 ) does not apply

(a) when a rent increase is otherwise permitted under section 131 or 132 (landlord regains possession of a rental unit), section 134 (rehabilitation scheme) or section 137 (tenant requests improvement or service); or

(b) so as to prevent an increase for separate charges for laundry facilities being made within 12 months of any other rent increase.

Increase to be equal in each period

119         A rent increase authorized under this Part shall be applied equally in each rental payment period.

RENT INCREASE PERMITTED BY THE REGULATIONS

Definition of "rent charged for rental unit"

120(1)      In subsection (2), "rent charged for a rental unit" does not include the amount of any separate charge for laundry facilities provided by the landlord, for which a separate application must be made under section 127.

Rent increase in amount permitted by regulation

120(2)      Subject to sections 121 and 122, a landlord who gives 3 months' notice of a rent increase as required by subsection 25(1), may increase the rent charged for a rental unit by an amount that does not exceed the maximum increase permitted by the regulations.

Objection by tenant

121         Notwithstanding that a rent increase does not exceed the maximum increase permitted by the regulations, a tenant affected by a notice of rent increase may, not later than 60 days before the effective date of the intended increase, file an objection with the director on the ground that the increase for the tenant's rental unit is not justified.

Order

122(1)      When a tenant files an objection under section 121, the director

(a) shall inquire into the matter; and

(b) may require the landlord to file with the director any material respecting the rent increase for the tenant's rental unit that the director considers necessary;

and the director may make an order setting the maximum rent increase that may be charged for the tenant's rental unit, subject to any conditions the director considers reasonable.

Order respecting other rental units

122(2)      If, after inquiring into a tenant's objection and considering the material filed by the landlord, the director is satisfied that the rent chargeable for other rental units in the residential complex is not justified, the director may make an order setting the maximum rent that may be charged for those other units, subject to any conditions the director considers reasonable.

Notice by director

122(3)      Before making an order under subsection (2), the director shall give a notice

(a) to the landlord, informing the landlord that the director has determined that the rent for other rental units, as specified by the director, in the residential complex may be set under this Part; and

(b) to the tenants of the specified rental units informing them that the rent for their rental units may be set under this Part.

Kind of order and factors to be considered

122(4)      Subsections 125(2) to (4) apply to an order under this section, with necessary modifications.

RENT INCREASE ABOVE MAXIMUM PERMITTED BY THE REGULATIONS

Definition of "rent charged for rental unit"

123(1)      In this section, "rent charged for a rental unit" does not include the amount of any separate charge for laundry facilities provided by the landlord, for which a separate application must be made under section 127.

Application for increase above maximum

123(2)      A landlord who desires to increase the rent charged for a rental unit by more than the maximum increase permitted by the regulations shall apply to the director for an order permitting the increase.

When application to be made

123(3)      An application under subsection (2) shall be in the prescribed form and be filed not later than 14 days after the beginning of the 3 month notice period required for rent increases under subsection 25(1).

Whole building review

123(4)      A landlord who applies for an order under subsection (2) shall, as part of the same application, apply for a determination of the rents that may be charged for all of the rental units in the residential complex for the 12 months following the effective date of the first rent increase applied for.

Notice by director

123(5)      On receiving an application under this section, the director shall give notice to the tenants of the affected rental units of their right to object to the rent increase, but a proceeding is not invalid because a notice is not given to each tenant.

Objection by tenant

124         A tenant affected by an application for a rent increase under section 123 may, not later than 60 days before the effective date of the intended increase, file an objection with the director on the ground that the rent increase is not justified.

Order

125(1)      After considering any objection filed by a tenant and the additional factors referred to in subsection (3), the director shall make an order setting the maximum rent increase that may be charged for each rental unit in the residential complex, subject to any conditions the director considers reasonable.

Contents of order

125(2)      An order under subsection (1) shall set the total rent increase for the residential complex and apportion that total amongst the rental units in one of the following ways:

(a) by an equal percentage for each rental unit determined by dividing the total rent increase for the residential complex by the total current rent for all units in the complex multiplied by 100;

(b) by a dollar amount that is equal for each rental unit; or

(c) by a dollar amount for each unit that is not more than the maximum increase that would have resulted from a calculation under clause (a) or (b) for the rental unit.

Mandatory considerations in making order

125(3)      Before making an order under this section, the director shall consider, in accordance with the regulations,

(a) the rents charged for the rental units in the residential complex immediately before the proposed increase is intended to come into effect;

(b) the increase in actual expenses determined in accordance with the regulations;

(c) any change in the services and facilities, privileges, accommodations or things that the landlord provides for the tenants whether or not a separate charge is made for them;

(d) any ground of objection made by a tenant;

(e) any finding by the director that the landlord is in contravention of the obligation to repair under subsection 59(1);

(f) if the residential complex has been sold in the preceding 3 years,

(i) whether and to what extent any increases in the costs with respect to repairs and maintenance of the residential complex result from inadequate maintenance in previous years or are reasonably attributable to the cost of performing obligations of the landlord in previous years that have not been performed,

(ii) the amount of any rent increases and cost increases in previous years, and

(iii) the effect of the accumulation of these costs on the rent increase applied for;

(g) the submissions and representations made by the landlord and tenant; and

(h) other prescribed matters.

Other considerations

125(4)      Before making an order under this section, the director may consider

(a) for all rental units in the residential complex,

(i) the rents charged and the increases in rents charged, and

(ii) the actual expenses of the landlord determined in accordance with the regulations,

for the 3 year period preceding the date of the application;

(b) rent increases or parts of rent increases under this Act or The Residential Rent Regulation Act that are reasonably attributable to the cost of performing obligations of the landlord that have not been fulfilled; and

(c) any other information respecting the operation of the residential complex.

Amended application

126         A landlord may amend an application for a rent increase that exceeds the maximum permitted by the regulations to an amount that does not exceed that maximum, and the director may make an order respecting the amended application.

LAUNDRY FACILITIES

Landlord deemed to provide laundry facilities

127(1)      For the purpose of this section and sections 128 to 130, laundry facilities provided by a person other than the landlord are deemed to be provided by the landlord, unless the landlord and the other person are at arm's length.

Application for increase

127(2)      A landlord who desires to increase the amount of a separate charge for laundry facilities provided by the landlord shall

(a) give the tenants affected by the increase at least 3 months' notice as required by subsection 25(1); and

(b) apply to the director in the prescribed form not later than 14 days after the date notice must be given to the tenants.

Notice by director

127(3)      On receiving an application under subsection (2), the director shall give notice to the tenants of the affected rental units of their right to object to the increase, but a proceeding is not invalid because a notice is not given to each tenant.

Objection by tenant

128         A tenant affected by an application for an increase under subsection 127(2) may, not less than 60 days before the effective date of the intended increase, file an objection with the director on the ground that the increase is not justified.

Order

129(1)      After considering any objection filed by a tenant, and the additional factors referred to in subsection (2), the director shall make an order setting the maximum increase that may be charged for laundry facilities provided by the landlord.

Considerations in making order

129(2)      Before making an order under subsection (1), the director shall consider

(a) the charge for the laundry facilities immediately before the proposed increase is intended to come into effect;

(b) the increase in actual expenses determined in accordance with the regulations;

(c) any change in the facilities;

(d) the submissions and representations made by the landlord and tenant; and

(e) other prescribed matters.

Transfer of laundry services to third party

130(1)      When a landlord who provides laundry facilities makes an arrangement with another person with whom the landlord is at arm's length to provide them instead, the landlord shall apply to the director for an order determining the amount that may be charged for the facilities by the other person for a period of 12 months following the effective date of the increase.

Procedure on application

130(2)      An application under subsection (1) shall be treated in the same manner as an application for an increase in the amount of a separate charge for laundry facilities under subsection 127(2).

Further increases exempt

130(3)      After the expiry of an order setting the maximum charge for laundry facilities under this section, further increases in charges for laundry facilities provided by a person other than the landlord are exempt from this Part.

RENT INCREASE WHEN LANDLORD REGAINS POSSESSION

Rent increase on possession by landlord: 3 units or less

131(1)      A landlord who lawfully regains or is about to lawfully regain possession of a rental unit in a residential complex that has 3 units or less may increase the rent for the rental unit by an amount determined by the landlord.

Increase effective against new tenant

131(2)      An increase under subsection (1) is effective against a new tenant of the rental unit if the landlord

(a) gives the new tenant notice of the increase under section 13; and

(b) gives the director notice of the increase in the prescribed form at least 14 days before it is to be effective, except where the director extends the time for giving notice.

Rent increase on possession by landlord: 4 or more units

132(1)      When a residential complex has 4 or more rental units and the landlord lawfully regains possession or is about to lawfully regain possession of 1 of them, the landlord may increase the rent for that unit in an amount that has the effect of setting the rent at not more than the average of the rents chargeable for similar or comparable rental units in the residential complex.

Increase effective against new tenant

132(2)      An increase under subsection (1) is effective against a new tenant of the rental unit if the landlord

(a) gives the new tenant notice of the increase under section 13; and

(b) gives the director notice of the increase in the prescribed form at least 14 days before it is to be effective, except where the director extends the time for giving notice.

Objection by tenant

132(3)      A tenant who receives a notice under subsection (2) may apply to the director for a determination of the average of the rents chargeable for rental units in the residential complex that are similar or comparable to the tenant's unit.

REHABILITATION SCHEMES

Definition of "rehabilitation scheme"

133(1)      In this section and sections 134 to 136, "rehabilitation scheme" means the repair, renovation or refurbishment of a rental unit or of a residential complex or part of a residential complex to an extent prescribed by the regulations.

Application for approval

133(2)      A landlord who intends to carry out a rehabiliation scheme for a rental unit or a residential complex and desires

(a) an exemption from this Part; or

(b) a predetermination of the amounts of future rent that may be charged for all or specified rental units in a residential complex;

may apply to the director for an order approving the scheme.

Form of application

133(3)      An application under subsection (2) shall be in the prescribed form and be accompanied by the prescribed supporting material.

Notice by landlord

133(4)      A landlord shall give notice of the application in the prescribed form to the tenants of rental units affected by the proposed rehabilitation scheme.

Application available for inspection

133(5)      A landlord shall keep a copy of the application and the supporting material available for inspection in the residential complex by affected tenants and their representatives during normal business hours, until such time as an order is made either approving or refusing the rehabilitation scheme.

Determination and order approving scheme

134(1)      When the director is satisfied

(a) that the tenants of rental units affected by the rehabilitation scheme will be fairly treated; and

(b) that on completion of the scheme the rental units, the residential complex and all services and facilities expressly or impliedly promised by the landlord will be in a good state of repair, fit for habitation and in a state that complies with health, building and maintenance and occupancy standards required by law;

the director may, in accordance with the regulations, make an order approving the scheme.

Contents of order

134(2)      Subject to the regulations, an order approving a rehabilitation scheme may

(a) approve the scheme with or without modifications and conditions, including conditions respecting the tenants generally or a particular tenant or groups of tenants;

(b) exempt the residential complex or specified units in the residential complex from this Part for a period of up to 5 years;

(c) fix a period, not exceeding 5 years, during which a succession of rent increases is permitted in respect of the residential complex or specified rental units in the complex; and

(d) fix the rent and rent increases or the manner in which they are to be determined, or both, after completion of the scheme.

Rent increases limited to amounts set by order

134(3)      If a succession of rent increases is permitted for a rehabilitation scheme, the rent charged for a rental unit shall not be otherwise increased until the end of the period fixed for that succession of increases.

Order may be rescinded if scheme not completed

134(4)      If a rehabilitation scheme is not completed, the director may, on application by a person directly affected by the scheme, rescind an order made under this section on such terms as the director considers appropriate.

Variation of order

134(5)      A landlord may at any time within 30 days after completion of the rehabilitation scheme apply to the director to vary an order previously made under subsection (2), and the director may make any further order described in that subsection on such terms as the director considers appropriate.

Refusal of scheme

135         When the conditions described in subsection 134(1) are not met, the director shall refuse to make an order approving the rehabilitation scheme.

Prohibition on condominium conversion

136(1)      Except with the prior consent of the director, no person shall register a declaration under The Condominium Act against the land on which a residential complex affected by an order under subsection 134(1) is located.

Filing of notice in L.T.O.

136(2)      The director may file in the appropriate land titles office a notice that registration of a declaration under The Condominium Act in respect of the land on which a residential complex is located is prohibited under subsection (1), and the notice shall include the legal description of the land affected and the date upon which the rehabilitation scheme was approved.

Effect of filing

136(3)      When a notice is filed under subsection (2), the district registrar

(a) shall endorse a memorial on the certificate of title of the land affected;

(b) shall send a notice of the filing to the registered owner; and

(c) shall not accept for registration a declaration under The Condominium Act in respect of the land affected by the notice.

Withdrawal of notice

136(4)      When an order under subsection 134(1) expires, the director shall execute and file in the appropriate land titles office a withdrawal of notice and the district registrar shall cancel the memorial on the certificate of title of the land affected.

IMPROVEMENTS REQUESTED BY TENANTS

Application to charge for improvements, etc.

137(1)      When, in response to a request from a tenant or prospective tenant, a landlord proposes to provide

(a) an improvement to or alteration of a rental unit or the residential complex; or

(b) a service, facility, privilege, accommodation or thing, other than furniture, relating to the use or enjoyment of the rental unit that is not usually provided by the landlord in connection with the rental unit;

the landlord may apply to the director for an order permitting the landlord to charge the tenant for the service, facility or other thing.

When application to be made

137(2)      An application under subsection (1) must be in the prescribed form and be made not less than 15 days before the landlord intends to comply with the tenant's request.

Order of director

137(3)      On receiving an application under subsection (1), the director may

(a) authorize the improvement to or alteration of the rental unit or residential complex or the provision of the service, facility, privilege, accommodation or thing;

(b) fix its value to the tenant and the method and duration of payment, either as part of the rent or otherwise; and

(c) impose such conditions on the landlord and the tenant as the director considers reasonable.

REDUCTION OF SERVICES AND FACILITIES

Application for reduction or withdrawal of services, etc.

138(1)      A landlord who desires to reduce or withdraw a service, facility, privilege, accommodation or thing relating to the use or enjoyment of a rental unit, other than furniture, shall

(a) give each tenant affected by the reduction or withdrawal a notice in the prescribed form not later than 3 months before the effective date of the reduction or withdrawal; and

(b) apply to the director in the prescribed form not less than 14 days after the beginning of the 3 month period referred to in clause (a).

Notice by director

138(2)      On receiving an application under subsection (1), the director shall give notice to the tenants of the affected rental units of their right to object to the withdrawal, but no proceeding is invalid because a notice is not given to each tenant.

Objection by tenant

138(3)      A tenant affected by an application under subsection (1) may, not later than 30 days after receiving a notice from the landlord under clause (l)(a), file an objection with the director on the ground that

(a) the reduction or withdrawal of the service, facility, privilege, accommodation or thing is not justified; or

(b) the director should permit the reduction or withdrawal only upon conditions.

Order permitting reduction

139(1)      If, after considering the application and any objection by a tenant, the director finds that the reduction or withdrawal is justified, the director may make an order

(a) permitting the reduction or withdrawal;

(b) fixing the value to the tenant of the service, facility, privilege, accommodation or thing withdrawn or reduced;

(c) directing that the rent of the tenant be reduced by that value; and

(d) imposing such conditions as the director considers appropriate.

Order when reduction beyond landlord's control

139(2)      Notwithstanding section 138, when the reduction or withdrawal is beyond the control of the landlord, the director must make an order under subsection (1), and for that purpose may permit an application to be made under section 138 at any time, subject to any conditions the director considers reasonable.

UNAUTHORIZED RENT

Interpretation

140(1)      For the purpose of this section, when a landlord reduces or withdraws a service, facility, privilege, accommodation or thing relating to the use or enjoyment of a rental unit, other than furniture provided by the landlord, the landlord is deemed to charge rent in excess of the rent permitted by this Act unless the director has issued an order under section 139 permitting the reduction or withdrawal.

Inquiry into unauthorized rent increase

140(2)      If the director has reason to believe that a landlord has charged a tenant rent in excess of that permitted by this Part, the director may, on the director's own initiative or on the application of a tenant, inquire into the matter.

Order

140(3)      If after completing an inquiry the director is satisfied that the landlord has charged rent in excess of that permitted under this Part, the director may make an order

(a) determining the maximum rent chargeable from time to time for the rental unit concerned and the date the maximum rent became effective;

(b) requiring the landlord to reimburse the tenant for any rent owing to the tenant; and

(c) fixing the value of any service, facility, privilege, accommodation or thing that has been reduced or withdrawn, and directing

(i) that the reduction or withdrawal be permitted subject to such conditions as the director considers reasonable, or

(ii) that the service, facility, privilege, accommodation or thing be restored.

Order authorizing set-off of rent

140(4)      If the director makes an order under clause (3)(b), the director may also make an order authorizing the tenant to recover the rent owing to the tenant by deducting a specified sum from the rent for a specified number of rental payment periods.

PART 10

DIRECTOR OF RESIDENTIAL TENANCIES AND RESIDENTIAL TENANCIES COMMISSION

DIRECTOR OF RESIDENTIAL TENANCIES

Appointment of director

141(1)      A Director of Residential Tenancies shall be appointed for the purpose of this Act.

Authority of director

141(2)      Under the control and direction of the minister, the director is responsible for

(a) the general administration of this Act;

(b) exercising the powers and performing the duties of the director under this Act;

(c) providing information to landlords and tenants and others respecting rights and obligations under this Act;

(d) advising the minister respecting the administration of this Act; and

(e) providing information and reports required by the minister.

Power to delegate

142         When the director is given a power or duty under this Act, the director or the minister may authorize 1 or more employees of the government to exercise or perform that power or duty on the conditions that the director or minister determines, and that power or duty may then be exercised or performed by the employee so authorized in addition to the director.

Guidelines

143(1)      Under the authority of the minister, the director may make guidelines which may be used in making determinations under this Act, and may request submissions from any person prior to doing so.

Guidelines not binding

143(2)      The director is not bound by the guidelines when exercising a power or performing a duty under this Act.

Guidelines to be made available

143(3)      The director shall make any guidelines available for inspection by any person during normal business hours.

Disclosure of interests

144(1)      Every person employed by the government for the purpose of administering this Act shall, within 30 days of beginning employment, file with the deputy minister of the department a written declaration of any interests the person has in residential rental property, and shall be required to comply with the conflict of interest guidelines established by the government.

Further disclosures

144(2)      If, after filing a declaration, an employee acquires or disposes of an interest in residential rental property, the employee shall within 30 days of the acquisition or disposal file a further declaration under subsection (1).

Transitional

144(3)      A person employed by the government on the date this section comes into force shall comply with subsection (1) within 30 days of that date.

RESIDENTIAL TENANCIES COMMISSION

Residential Tenancies Commission

145(1)      The Residential Tenancies Commission is established as a specialist tribunal to hear appeals from decisions and orders of the director under this Act.

Composition and appointment

145(2)      The commission shall consist of the following classes of persons who shall be appointed by the Lieutenant Governor in Council:

1.

Persons who in the opinion of the Lieutenant Governor in Council are representative of the knowledge and views of landlords.

2.

Persons who in the opinion of the Lieutenant Governor in Council are representative of the knowledge and views of tenants.

3.

Persons who in the opinion of the Lieutenant Governor in Council are neutral and not representative of the views of either landlords or of tenants.

Regions established

145(3)      To facilitate the operations of the commission under this Act, the Lieutenant Governor in Council may establish regions of the province and may appoint persons from each of the three classes of commissioners to exercise powers and perform duties primarily or solely within 1 or more of the regions.

Appointment of chief commissioner and deputies

146(1)      The Lieutenant Governor in Council shall appoint from among the neutral commissioners a chief commissioner and 1 or more deputy chief commissioners.

Powers of deputy chief commissioner

146(2)      A deputy chief commissioner may exercise the powers and perform the duties of the chief commissioner on such conditions as may be determined by the chief commissioner.

Term of chief commissioner

146(3)      The chief commissioner shall be appointed for a term of not more than 5 years and shall hold office thereafter until re-appointed or replaced.

Term of other commissioners

146(4)      Other commissioners shall be appointed for terms of not more than 2 years and shall hold office thereafter until re-appointed or replaced.

Termination for cause

146(5)      No appointment of a commissioner shall be terminated except for cause.

Full-time, part-time or sessional basis

146(6)      The chief commissioner shall be appointed on a full-time basis and other commissioners may be appointed on a full-time or part-time or sessional basis.

Completion of proceedings

146(7)      A commissioner whose term expires may complete a proceeding begun before the expiry of the term, unless the commissioner has been removed for cause.

Oath of office

146(8)      Before assuming office, a commissioner shall take and subscribe to an oath or affirmation as determined by the minister.

Panels

147(1)      The commission shall sit in panels consisting of an equal number of commissioners of each class appointed under subsection 145(2).

Assignment of commissioners

147(2)      The chief commissioner shall establish the panels, assign commissioners, and designate a neutral commissioner as chairperson of a panel.

Quorum

147(3)      A panel shall not proceed with a matter unless all the commissioners of that panel are present.

Decision of majority

147(4)      A decision of the majority of the commissioners of a panel is a decision of the commission, and if there is not a majority, the decision of the chairperson is the decision of the commission.

Disclosure of interests

148(1)      A commissioner shall, within 30 days of being appointed, file with the chief commissioner a written declaration of any interests the commissioner has in residential rental property.

Further disclosures

148(2)      If, after filing a declaration, a commissioner acquires or disposes of an interest in residential rental property, the commissioner shall within 30 days of the acquisition or disposal file a further declaration under subsection (1).

Disclosure by chief commissioner

148(3)      Subsections (1) and (2) also apply to the chief commissioner, except that the chief commissioner shall file the required declarations with the minister.

Disqualification of commissioners

149         No commissioner shall hear or participate in a proceeding that concerns a matter in which the commissioner

(a) has a pecuniary interest; or

(b) has, within 6 months before the date an appeal is filed with the commission, acted as solicitor, counsel or agent for a person in the matter under appeal.

Guidelines

150(1)      The chief commissioner may make guidelines which may be used by the commission in making determinations under this Act, but the commission is not bound by the guidelines when exercising a power or performing a duty under this Act.

Consultation respecting guidelines

150(2)      Prior to making guidelines under subsection (1), the chief commissioner may consult with the minister and the advisory committee appointed under section 191, and may request submissions from any person.

Guidelines to be made available

150(3)      The chief commissioner shall make any guidelines available for inspection by any person during normal business hours.

Annual report

151(1)      Within 6 months after the end of each fiscal year, the director and the chief commissioner shall submit an annual report to the minister respecting the administration of this Act and setting out the significant decisions of the commission and the reasons for those decisions.

Tabling of report

151(2)      The minister shall submit the annual report to the Lieutenant Governor in Council and shall then lay the report before the Legislative Assembly if it is in session or, if not, within 15 days of the beginning of the next session.

PART 11

PROCEDURES

DIRECTOR'S AUTHORITY: MATTERS OTHER THAN RENT REGULATION

Director's authority: matters other than rent regulation

152(1)      Except as provided in this section, when a person applies to the director

(a) to determine a question arising under Parts 1 to 8; or

(b) alleging a breach of a tenancy agreement or a contravention of a provision of Parts 1 to 8;

the director has the exclusive authority, at first instance, to investigate, endeavour to mediate a settlement and determine the matter.

Director may initiate proceedings

152(2)      The director may, on his or her own initiative, investigate and determine a matter arising under a tenancy agreement or under Parts 1 to 8.

No authority re personal injury or death

152(3)      The director does not have authority under subsection (1) or (2) respecting a claim for damages for personal injury or death.

Expeditious procedure

152(4)      In exercising authority under this section, the director may determine and adopt the most expeditious method of investigating, mediating and determining a matter.

Mediation

153(1)      On receiving an application under subsection 152(1), the director shall investigate and, subject to subsection (3), endeavour to mediate a settlement of the matter.

Where dispute settled

153(2)      When a matter is settled by mediation, the director shall make a written record of the settlement which is binding on the parties and is not subject to appeal.

If mediation unsuccessful

153(3)      If, after investigating the matter, the director is of the opinion that the parties are unlikely to settle it by mediation in a timely manner, the director may make a decision or order under section 154.

Director not disqualified after mediation

153(4)      The director is not disqualified from making a decision or order respecting a matter by reason of having investigated or tried to mediate it.

Non-compliance with settlement

153(5)      When a matter is settled by mediation, or by agreement between the parties while the matter is being investigated or mediated, the director may, if one party fails to comply with the terms on which the matter was settled, make an order compelling compliance or to compensate the other party for loss suffered because of the failure to comply.

Orders by director

154(1)      If, after proceeding in accordance with subsection 152(2) or section 153, the director

(a) determines a question arising under Parts 1 to 8; or

(b) concludes that there has been a breach of a tenancy agreement or a contravention of a provision of Parts 1 to 8;

the director may make one or more of the following decisions or orders:

1.

Determining the rights and obligations of persons under Parts 1 to 8 or a tenancy agreement.

2.

Ordering the payment or repayment of money due to a person under Parts 1 to 8 or a tenancy agreement.

3.

Requiring a person who has contravened an obligation under Parts 1 to 8 or breached a tenancy agreement to comply with or perform the obligation.

4.

Requiring a person who has contravened an obligation under Parts 1 to 8 or breached an obligation under a tenancy agreement not to do so again.

5.

Requiring a person who has contravened an obligation under Parts 1 to 8 or breached a tenancy agreement to compensate another person affected for loss suffered or expense incurred as the result of the contravention or breach.

6.

Authorizing a person to remedy the effect of a contravention or breach and requiring the person in contravention or breach to pay the reasonable expenses associated with the remedy.

7.

Authorizing any action that a person has taken or is to take to remedy the effect of a contravention or breach by another person, and requiring the person in contravention or breach to pay the reasonable expenses associated with the action.

8.

When termination of a tenancy is authorized under Part 6, terminating the tenancy on a specified date.

9.

Granting an order of possession to a landlord on a specified date, if the tenancy agreement has been terminated in accordance with this Act.

10.

If the director is of the opinion that a landlord's contravention of the obligation to repair under subsection 59(1) is so substantial that occupancy of a rental unit by the tenant is unfair to the tenant, prohibiting the landlord from re-renting the rental unit until the contravention is remedied.

11.

If the director believes on reasonable grounds that a landlord has contravened or intends to contravene section 29 or has used or intends to use a security deposit or interest on a security deposit in a manner that is not authorized by Part 3, ordering that security deposits held or to be received by the landlord and specified in the order be paid to the director.

12.

Making any order or decision for which provision is made in Parts 1 to 8.

Re-direction and set-off of rent

154(2)      If the director makes a decision or order under subsection (1), the director may also make one or more of the following orders:

1.

Authorizing a tenant to set off in the manner specified in the order money the landlord owes to the tenant against money the tenant owes to the landlord.

2.

Authorizing a landlord to set off in the manner specified in the order money the tenant owes to the landlord against money the landlord owes to the tenant.

3.

Directing that a tenant or specified tenants of a residential complex pay the rent or a specified part of the rent to the director.

4.

If the director is of the opinion that performance of the landlord's obligation to repair under subsection 59(1) is urgently required, directing

(a) that money available for the purpose under the residential tenancies repair program be advanced to meet the landlord's obligation, and

(b) that rent or a specified part of rent paid to the director under paragraph 3 be remitted by the director in satisfaction of the advance and any interest thereon in accordance with the requirements of the program.

Terms and conditions

154(3)      The director may include in an order under this section terms and conditions the director considers appropriate.

Order to enforce prior order

154(4)      An order made by the director under subsection (1) or (2) for the purpose of enforcing a previous order of the director may be made without further investigation or mediation.

Order takes precedence over assignment of rents

154(5)      An order of the director under subsection (2) takes precedence over an attornment or assignment of rents in respect of a rental unit or residential complex.

Contents of order

155(1)      A decision or order of the director under section 154 shall specify the provision or provisions of this Act under which it is made, but no decision or order is invalid because a provision is not specified.

Order given to persons affected

155(2)      The director shall as soon as reasonably practicable give a copy of a decision or order under section 154 to all persons directly affected by it and shall advise them of their right to appeal the decision or order to the commission.

Reasons

155(3)      At the request of a person directly affected by a decision or order under section 154, the director shall give the person written reasons for the decision or order.

Lien for advances for repair

156(1)      Money that is advanced from the residential tenancies repair program in accordance with an order of the director under paragraph 4 of subsection 154(2) shall be, to the extent that it exceeds the rents received by the director in satisfaction of the advance, a lien and charge on the residential complex and the land on which it is located.

Enforcement of lien

156(2)      Section 183 applies to a lien under subsection (1), with necessary modifications.

Order filed in court

157(1)      A certified copy of an order of the director under section 154 for the payment of money may be filed in the court and on being filed may be enforced in the same manner as a judgment of the court.

Order of possession

157(2)      If an order of possession made by the director is not complied with by the date specified in the order, the order may be filed in the court, and on being filed has the same effect and all proceedings may be taken on it, as if it were an order of the court, and the registrar of the court shall issue a writ of possession.

DIRECTOR'S AUTHORITY: RENT REGULATION

Director's authority: rent regulation

158(1)      The director has the exclusive authority, at first instance, to investigate and determine all matters arising under Part 9.

Director may initiate own proceedings

158(2)      The director may on his or her own initiative investigate and determine a matter arising under section 140.

Contents of order

159(1)      An order of the director under Part 9 shall specify the provision or provisions of that Part under which it is made, but no order is invalid because a provision is not specified.

Order given to persons affected

159(2)      The director shall as soon as reasonably practicable give a copy of an order under Part 9 to all persons directly affected by it and shall advise them of their right to appeal the decision or order to the commission.

Reasons

159(3)      At the request of a person directly affected by an order under Part 9, the director shall give the person written reasons for the order.

Order filed in court

160         A certified copy of an order of the director under Part 9 may be filed in the court and on being filed may be enforced in the same manner as a judgment of the court.

APPEAL TO THE COMMISSION

Appeal from order of director

161(1)      Except as otherwise provided in this Act, any person directly affected by a decision or order of the director may appeal the decision or order to the commission.

Notice of appeal

161(2)      An appeal shall be commenced by filing a notice of appeal in the prescribed form with the commission within 14 days after the person receives a copy of the decision or order of the director, or within such further time as the commission permits.

Notice in matter under Parts 1 to 8

161(3)      When the matter appealed from arises under Parts 1 to 8 or under section 140 or under a tenancy agreement, the appellant shall give a copy of the notice of appeal to the director and to all persons directly affected by the decision or order appealed from.

Notice in rent regulation matter

161(4)      When the matter appealed from arises under Part 9, other than under section 140, the commission shall give a copy of the notice of appeal to the director and to all persons directly affected by the decision or order appealed from, but a proceeding is not invalid because a notice is not given to each person who is directly affected.

Information to be forwarded

162         The director shall without delay forward to the commission any records and information that the commission requests in respect of an appeal filed under section 161.

Order of director stayed

163(1)      An appeal from a decision or order of the director stays the decision or order pending the hearing of the appeal, unless the commission orders otherwise.

Exception

163(2)      Despite subsection (1), an appeal does not stay an order of the director under subsection 154(2) made for the purpose of enforcing an order under subsection 154(1) if

(a) the appeal period in respect of the order under subsection 154(1) has expired and no appeal has been taken or an appeal has been taken but has been withdrawn or abandoned; or

(b) any right of appeal from the order under subsection 154(1) has been exhausted.

Parties

164         The parties to an appeal are the persons directly affected by the decision or order appealed from and any person added as a party by the commission.

Hearing

165(1)      The commission shall conduct a hearing in respect of a matter for which a notice of appeal is filed.

Notice of hearing

165(2)      The commission shall give reasonable notice of the hearing to the parties and identify the matter in respect of which the hearing will be held.

Procedure

165(3)      The commission shall determine its own practice and procedure but shall give full opportunity to the parties to present evidence and make submissions.

Hearings conducted orally or in writing

165(4)      The commission may conduct a hearing orally, including by telephone, or in writing or partly orally and partly in writing.

Public hearings

165(5)      When the commission considers it appropriate to conduct an oral hearing with the parties present, the hearing shall be open to the public unless the commission is of the opinion that all or part of the hearing should be private because intimate financial, personal or other matters may be disclosed which are of such a nature that the desirability of avoiding disclosure outweighs the desirability of holding the hearing in public.

Director entitled to be heard

165(6)      The director is entitled to be heard, by counsel or otherwise, on an appeal to the commission.

Witness fees

165(7)      A witness who is required to attend a hearing of the commission or to produce documents is entitled to be paid the same fees as are payable to a witness in an action in the court.

Part V of Evidence Act powers

166         Commissioners have the powers of a commissioner under Part V of The Manitoba Evidence Act.

Investigation

167         The commission may, before or during a hearing, carry out any investigation or inspection that it considers necessary.

Adoption of director's findings

168         The commission may adopt the director's findings of fact except insofar as a party to an appeal puts them in issue.

Evidence

169(1)      Evidence may be given before the commission in any manner that the commission considers appropriate, and the commission is not bound by the rules of law respecting evidence applicable to judicial proceedings.

Commission may consider relevant information

169(2)      In addition to evidence given in the course of a hearing, the commission may consider relevant information in the possession of the director or that is otherwise obtained by the commission, if the commission informs the parties of the nature of the information and gives them an opportunity to explain or refute it.

Right of parties to examine filed material

169(3)      The commission shall give the parties to an appeal a reasonable opportunity to examine all material filed with the commission that is relevant to the appeal.

Powers of commission on appeal

170(1)      After holding a hearing, the commission may

(a) confirm, vary or rescind the decision or order of the director; or

(b) make any decision or order that the director could have made.

Director to receive and disburse all money

170(2)      When the commission makes an order that a tenant must pay rent under paragraph 3 of subsection 154(2), the rent shall be received and disbursed by the director in accordance with the commission's order.

Contents of order

171(1)      A decision or order made by the commission shall specify the provision or provisions of this Act under which it is made, but no decision or order is invalid because a provision is not specified.

Order given to parties

171(2)      The commission shall as soon as reasonably practicable give a copy of a decision or order it has made to each of the parties and, where the matter arises under Parts 1 to 8 or under a tenancy agreement, advise them of their right to apply to the Court of Appeal for leave to appeal on a question of jurisdiction or law.

Reasons

171(3)      At the request of a party, the commission shall give the party written reasons for the decision or order.

Record of hearing

172         The commission shall compile a record of a hearing it has held, which shall consist of

(a) the decision or order of the director that was appealed from;

(b) the notice of appeal to the commission;

(c) the notice of hearing by the commission;

(d) written submissions received by the commission; and

(e) the decision or order of the commission and any reasons for the decision or order.

Order filed in court

173         Section 157 respecting the filing of an order of the director in the court also applies to an order of the commission.

Reference to Court of Appeal

174(1)      The commission may, of its own motion or on the application of a party to an appeal, state a case in writing for the opinion of the Court of Appeal on a question of law or jurisdiction.

Decision of Court of Appeal

174(2)      The Court of Appeal shall hear and determine the stated case and remit it to the commission with its opinion.

Proceedings, etc. not stayed

174(3)      A case stated under this section does not stay a proceeding or a decision or order of the commission.

Director entitled to be heard

174(4)      The director is entitled to be heard, by counsel or otherwise, on the argument of a stated case.

Costs

174(5)      Costs shall not be awarded in a case stated under subsection (1).

APPEAL TO COURT OF APPEAL

Appeal to Court of Appeal

175(1)      Any person who is a party to an appeal in a matter arising under a tenancy agreement or under a provision of Parts 1 to 8 may, if the person took part in the hearing, appeal the decision or order of the commission to the Court of Appeal.

Appeal with leave

175(2)      An appeal under subsection (1) may be taken only on a question of jurisdiction or of law and only with leave obtained from a judge of the Court of Appeal.

Application for leave to appeal

175(3)      An application for leave to appeal shall be made within 14 days after the person receives a copy of the decision or order of the commission, or within such further time as the judge allows.

Commission entitled to be heard

176         The commission is entitled to be heard, by counsel or otherwise, on the argument of an application for leave to appeal and on an appeal.

Order of commission stayed

177         An appeal from a decision or order of the commission stays the decision or order pending the hearing of the appeal, unless a judge of the Court of Appeal orders otherwise.

Powers of Court on appeal

178         The Court of Appeal on hearing the appeal may

(a) make any decision or order that in its opinion ought to have been made;

(b) quash, vary or confirm the decision of the commission; or

(c) refer the matter back to the commission for further consideration in accordance with any direction of the Court.

No appeal of rent regulation matter

179         No appeal lies from a decision or order of the commission made in a matter arising under Part 9.

APPOINTMENT OF RECEIVER-MANAGER

Definition

180(1)      In this section and sections 181 to 183, "local authority" means the council of a municipality or a person designated by the council, the resident administrator of a local government district, an incorporated community, or the Minister of Northern Affairs acting as a municipality under The Northern Affairs Act.

Request to appoint receiver-manager

180(2)      A local authority or a majority of the tenants of a residential complex may, in writing, request the director to apply to the court for the appointment of a receiver-manager of the residential complex if

(a) the landlord is in contravention of the obligation to repair under subsection 59(1) with respect to the residential complex; and

(b) an order has been filed with the director under subsection 59(3).

Notice of request to be given

180(3)      The director shall as soon as practicable after receiving a request under subsection (2) give notice of the request to

(a) the landlord and any owner of the residential complex;

(b) the tenants of the residential complex;

(c) any occupant of other premises located in the same building as the residential complex; and

(d) any person who has registered a charge, encumbrance or claim in the land titles office against the land on which the residential complex is located.

Decision by director within 60 days

180(4)      Within 60 days after receiving a request under subsection (2), the director shall

(a) make a decision as to whether to make application to the court for the appointment of a receiver-manager of the residential complex; and

(b) give notice of the decision to the person or local authority who made the request and to any other person described in subsection (3) and, when requested, provide written reasons for the decision.

Factors to be considered

180(5)      The director may make application to the court for the appointment of a receiver-manager only if the director first determines that

(a) no person holding a charge, encumbrance or claim registered in the land titles office against the land on which the residential complex is located is willing and able, within a reasonable time, to carry out the repairs required to comply with the order filed under subsection 59(3);

(b) the appointment of a receiver-manager is appropriate having regard to

(i) the effect of the landlord's failure to comply with an order filed under subsection 59(3) on the health and safety of the tenants,

(ii) the nature, the estimated cost and the estimated time to complete the repairs, including the repair of any structural deficiency, that the director considers necessary to comply with the order filed under subsection 59(3), and

(iii) the estimated cost of repairs in relation to the director's estimate of potential revenue available to a receiver-manager over a period of 6 months from the appointment of the receiver-manager; and

(c) the appointment of a receiver-manager is the most reasonable alternative available to ensure that the repairs required to comply with an order filed under subsection 59(3) are carried out.

Application to court by director

180(6)      The director shall make an application to the court within 30 days after making a decision to apply, unless the decision is appealed to the commission.

Appeal to commission

181(1)      Any person or local authority entitled to receive notice of the director's decision under subsection 180(3) may appeal the decision to the commission within 14 days after receiving the notice, or within such further time as the commission permits.

Procedure on appeal

181(2)      The commission shall conduct a hearing in respect of an appeal under subsection (I) and the procedures set out in sections 165 to 169 apply, with necessary modifications.

Powers of commission on appeal

181(3)      After holding a hearing, the commission shall make an order

(a) requiring the director to make application to the court for the appointment of a receiver-manager, in which case the commission shall provide written reasons for its decision to persons who took part in the hearing of the appeal; or

(b) dismissing the appeal.

Limitation

181(4)      The commission shall not make an order under clause (3)(a) unless it determines that the appointment of a receiver-manager is appropriate having regard to the matters described in subsection 180(5).

No appeal from order of commission

181(5)      An order under subsection (3) is final and not subject to appeal.

Director to comply with order

181(6)      The director shall make an application to the court for the appointment of a receiver-manager within 30 days after the commission makes an order under clause (3)(a) requiring the director to do so.

Appointment of receiver-manager

182(1)      If the court is satisfied with the determinations of the director or the commission, the court may appoint a person as receiver-manager of the residential complex, in place of the landlord, with all the powers and duties of the landlord under this Act, except as the court may otherwise order.

Orders of the court

182(2)      When the court appoints a receiver-manager, the court may

(a) order the receiver-manager to determine and report to the court on the effect that the proposed repairs might have on the financial viability of the residential complex;

(b) order that, on notice being given to the landlord and tenants, any rent and other revenue due and accruing due from the residential complex, or a specified part thereof, be paid to the receiver-manager, and that the order take precedence over an attornment or assignment of the rent or other revenue;

(c) order that any rent and other revenue received by the receiver-manager be expended to meet the obligations of the landlord respecting the residential complex, to repay any money borrowed to meet the obligations, and to pay costs relating to the administration;

(d) order that any security deposits, and interest accrued, in the possession or control of the landlord be paid to the receiver-manager or director;

(e) authorize the receiver-manager to enter into agreements, including an agreement to borrow money from the residential tenancies repair program or otherwise, to meet the obligations of the landlord respecting the residential complex and for the proper administration of the residential complex;

(f) order that any expenses paid by the director for the purpose of making a decision under subsection 180(4) or complying with an order of the commission under clause 181(3)(a) be paid by the receiver-manager;

(g) order that any order previously made by the director or the commission with respect to the residential complex be varied, rescinded or replaced;

(h) order the landlord to turn over any keys, equipment and records required by the receiver-manager;

(i) fix the remuneration of the receiver-manager; and

(j) make such other order as the court considers just.

Duties of receiver-manager

182(3)      A receiver-manager shall

(a) act in accordance with the directions of the court;

(b) take control of and administer such land and buildings as the court directs;

(c) open and maintain a bank account or bank accounts for any money coming into his or her possession as receiver-manager;

(d) keep detailed accounts of transactions carried out as receiver-manager;

(e) prepare, at least once every 6 months from the date of the appointment, financial statements respecting his or her administration, and provide a copy of the financial statements to such persons as the court directs;

(f) on completion of his or her duties, file a final account of the administration for the approval of the court.

Application for directions from court

182(4)      On the application of a receiver-manager, the court may make any order it considers just, including an order

(a) approving the accounts of the receiver-manager;

(b) respecting the remuneration of the receiver-manager;

(c) giving direction on any matter relating to the duties of the receiver-manager;

(d) replacing or discharging the receiver-manager.

Lien for money expended by receiver-manager

183(1)      Money expended by the receiver-manager in the exercise of a power or in the performance of a duty approved by the court, to the extent that the expenditure is in excess of the rent and other money received by the receiver-manager,

(a) is a lien and charge on the residential complex and the land occupied by it; and

(b) on notice by the director to the local authority, shall be added, in the amount certified by the director from time to time, to the real property tax of the local authority in which the residential complex and land occupied by it are located, and shall be collected in the same manner and with the same priority as ordinary tax on land is collected and with like remedies.

Remittance by local authority

183(2)      The local authority shall remit, in accordance with requirements prescribed by regulation, the money added to the real property tax under this section.

Registration of notice in L.T.O.

183(3)      The director shall register a notice in the appropriate land titles office giving notice of the appointment of a receiver-manager in respect of a residential complex and setting out the legal description of the land affected.

Entry of registration on title

183(4)      When a notice is registered under subsection (3), the district registrar shall make an entry of the registration on the title or abstract of title for the land affected and shall send a notice of the registration to an owner or claimant whose name appears on the register of the land titles office.

Discharge of notice

183(5)      When the appointment of the receiver-manager is discharged, the director shall register a notice of discharge, in the form prescribed under The Real Property Act, in the appropriate land titles office.

PART 12

GENERAL PROVISIONS

Giving of notices

184(1)      A notice or other document under this Act may be given

(a) by handing it to the person or,

(i) if the person is a landlord, by handing it to an agent of the landlord, and

(ii) if the person is a tenant, sub-tenant or occupant, by handing it to an apparently adult person in the rental unit; or

(b) by sending it by prepaid, first class mail to the address where the person resides or carries on business.

Notices of termination

184(2)      Despite subsection (1), a notice of termination given by a landlord to a tenant under Part 6 must be handed to the tenant or to an apparently adult person in the rental unit, and cannot be given by mail.

When giving by mail

184(3)      A notice or other document sent by mail under clause (l)(b) is deemed to be given on the 5th day after the day of mailing, unless the person to whom it is sent establishes that, acting in good faith, he or she did not receive the notice or other document, or did not receive it until a later date, because of absence, accident, illness or other cause beyond that person's control.

Director or commission may give directions

184(4)      Despite the other provisions of this section, the director or the commission may direct a notice or document to be given in a manner that is not described in this section.

Actual notice is sufficient

184(5)      Despite the fact that a notice or other document is not given in accordance with this section, it is sufficiently given if it actually came to the attention of the person to whom it was intended to be given within the time for giving it under this Act.

Entry to inspect records

185(1)      A person authorized by the director may at any reasonable time and without a warrant, and where requested, upon presentation of identification, enter any business premises, or any premises where the person believes on reasonable grounds that business records are kept, and may

(a) inspect or examine such records as are reasonably required for the purpose of enforcing and administering this Act, and if a record is stored in electronic form, the person may require

(i) the production of a copy, and

(ii) the provision of the means of accessing the record as well as instructions and assistance in the use of those means to inspect or examine it; and

(b) make copies of or take extracts from any record referred to in clause (a).

Entry to residential premises

185(2)      A person authorized by the director may at any reasonable time and without a warrant, and where requested, upon presentation of identification, enter a rental unit, residential complex or other place and make any inspection therein that is reasonably required for the purpose of enforcing and administering this Act.

Entry with order

185(3)      When a justice is satisfied by information under oath that

(a) a reasonable, unsuccessful effort to effect entry under subsection (1) or (2) without the use of force has been made; or

(b) there are reasonable grounds for believing that entry would be denied without a warrant;

the justice may at any time, and where necessary upon application without notice, issue an order authorizing any person named in the order, with such peace officers as are required to assist, to enter a place and to take any action a person authorized by the director may take under subsection (1) or (2).

Production of records

185(4)      The director may request a person to produce any record the director reasonably requires for the purpose of enforcing and administering this Act, and the person shall produce the records with all due dispatch.

Admissibility of copies

185(5)      A copy of a record inspected, examined or produced under this section and certified as being a true copy of the original by the person who made it is admissible in evidence to the same extent as, and has the same evidentiary value as, the original.

Certificate of director

186         In a prosecution or proceeding under this Act in which proof is required respecting the giving, receiving or filing of a notice or other document, a certificate signed by the director is admissible in evidence as prima facie proof of the facts stated in the certificate and of the authority of the director without further proof of the director's appointment or signature.

Effect of lack of formality in proceedings

187(1)      No proceeding under this Act is invalid by reason only of a defect in form, a technical irregularity or a lack of formality.

Substantial compliance with forms, etc.

187(2)      Substantial compliance with requirements respecting the contents of forms, notices or documents is sufficient unless the director or the commission is of the opinion that it would result in unfairness to any person.

No review by court

188         Except as provided in this Act, a decision or order of the director or the commission is final and binding and not subject to appeal or review by a court.

Audit

189         The director may in connection with matters governed by this Act at any time audit the records maintained by a landlord.

Immunity from action

190(1)      No action or proceeding may be brought against the commission, a commissioner, the director, or an employee or agent of the commission or the government for any act done in good faith in the performance or intended performance of a duty or in the exercise or intended exercise of a power under this Act, or for any neglect or default in the performance or exercise in good faith of such duty or power.

Compellability of witnesses

190(2)      A commissioner, the director, or an employee or agent of the commission or the government shall not, in a civil action or proceeding, be required to testify about information or to produce documents or things obtained under this Act, except for the purpose of carrying out the person's duties under this Act.

Advisory committee

191(1)      The minister shall establish a landlord and tenant advisory committee to advise the minister on the administration of this Act.

Membership

191(2)      The committee shall consist of equal numbers of persons who, in the minister's opinion, are representative of the views of landlords and of tenants.

Right of distraint abolished

192(1)      A landlord shall not distrain for default in the payment of rent or of any money due as a result of a decision or order made under this Act.

Interesse termini abolished

192(2)      Despite the fact that a tenant does not take possession of a rental unit, rights under the tenancy agreement are capable of taking effect from the date of commencement of the term specified in the tenancy agreement.

Covenants in posse and esse

192(3)      Covenants touching and concerning the rental unit and the residential complex run with the land or reversion whether or not the things are in existence at the time that the tenancy agreement is entered into.

Application of Landlord and Tenant Act

193(1)      Unless inconsistent with this Act, subsections 38(2), (3) and (5) and sections 46 and 47 of The Landlord and Tenant Act apply to landlords, tenants, rental units and tenancy agreements under this Act, but if there is a conflict between the rights of a mortgagee or vendor under subsections 38(2), (3) and (5) of The Landlord and Tenant Act and a decision or order made under this Act, the decision or order under this Act prevails.

Application of Short Forms Act

193(2)      The Short Forms Act does not apply to a tenancy agreement under this Act.

PART 13

REGULATIONS

Regulations

194         The Lieutenant Governor in Council may make regulations

(a) respecting the determination of discounts for the purpose of the definition of "rent";

(b) exempting residential complexes or classes of residential complexes from this Act or specified provisions of this Act;

(c) respecting the manner in which security deposit trust accounts are kept and accounted for;

(d) governing the books, accounts, records and information respecting security deposits that shall be kept and that shall be provided to the director;

(e) after considering increases in utility costs, property taxes and other costs that in the opinion of the Lieutenant Governor in Council are relevant to the operation of residential complexes, determining the maximum permitted rent increase or the manner of determining that increase, other than that portion of an increase relating to separate charges for laundry facilities;

(f) respecting applications for rent increases and the making of orders respecting rent increases;

(g) respecting the determination of a landlord's actual expenses for the purpose of clause 125(3)(b), subclause 125(4)(a)(ii) and clause 129(2)(b);

(h) respecting applications for the approval of rehabilitation schemes and the making of orders approving rehabilitation schemes;

(i) respecting fees and charges for any matter or thing done or service provided by the director or the commission and the manner in which payment of fees and charges may be enforced;

(j) defining any word or expression used in this Act but not specifically defined in this Act;

(k) providing for the application of The Civil Service Superannuation Act to commissioners, their surviving spouses and children;

(l) respecting any matter required or authorized by this Act to be prescribed;

(m) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this Act.

PART 14

OFFENCES AND PENALTIES

Offences

195(1)      A person who

(a) contravenes or fails to comply with a provision of this Act;

(b) deprives, abridges or restricts or attempts to deprive, abridge or restrict a person in the enjoyment of a right or benefit under a tenancy agreement or under this Act, including the right to take or to participate in proceedings;

(c) hinders, obstructs or interferes with or attempts to hinder, obstruct or interfere with a commissioner, the director or an employee or agent of the commission or the government or any person acting under the authority of this Act, in the exercise of a power or the performance of a duty under this Act; or

(d) contravenes or fails to comply with a decision or order of the director or the commission;

is guilty of an offence.

Officers and directors of corporations

195(2)      Every director, officer or agent of a corporation who authorizes, acquiesces in or participates in an offence under this Act is guilty of an offence.

Penalty

195(3)      Except as provided in subsection (4), a person who is guilty of an offence under this section is liable on summary conviction,

(a) in the case of an individual, to a fine of not more than $2,000.; and

(b) in the case of a corporation, to a fine of not more than $10,000.

Offences respecting security deposits

195(4)      A person who is guilty of an offence under this section in respect of an obligation imposed by paragraph 5 of section 29 or by subsection 32(1), 32(2), 33(1) or 196(1) is liable on summary conviction,

(a) in the case of an individual, to a fine of not more than $20,000., or to imprisonment for a term of not more than 2 years, or both; and

(b) in the case of a corporation, to a fine of not more than $50,000;

and the court convicting the person may, in addition to any other penalty, order the person convicted to pay compensation or restitution in respect of that offence.

Limitation

195(5)      A prosecution for an offence under this section may be commenced not more than 1 year after the date on which the offence was or is alleged to have been committed, except that where the offence is an offence described in subsection (4), a prosection may be commenced not more than 3 years after the date on which the offence was or is alleged to have been committed.

PART 15

TRANSITIONAL, REPEAL, CONSEQUENTIAL AND COMING INTO FORCE

Time to comply with security deposit requirements

196(1)      When on the coming into force of this section a landlord holds a security deposit that is not held in trust, the landlord shall, within 12 months after this section comes into force,

(a) remit the security deposit and interest at the prescribed rate to the director; or

(b) deposit the security deposit and interest at the prescribed rate in a security deposit trust account in the province used exclusively for security deposits.

Unclaimed security deposits under former Act

196(2)      When on the coming into force of this section the rentalsman under The Landlord and Tenant Act holds unclaimed money for a tenant as a result of a security deposit dispute under that Act, the money shall be credited to the director, and sections 33, 35 and 36 of this Act apply as if the money were a security deposit owing under this Act to a tenant who could not be located.

Security deposits for furnished rental unit not affected

196(3)      When on the coming into force of this section a landlord holds a security deposit in an amount that exceeds the amount permitted under section 29 by reason only that furniture rental under this Act is not included in the definition of "rent", the landlord is not required to return the excess to the tenant, and the tenant is not entitled under subsection 38(1) to set off the excess against the rent due.

Time to comply with furnished rental units requirements

196(4)      A landlord and tenant who are parties to a tenancy agreement for a furnished rental unit on the date this section comes into force have 12 months from that date to comply with section 18, unless the tenancy agreement is renewed before that time, in which case section 18 must be complied with at the time of the renewal.

Court proceedings under former Act

196(5)      A court proceeding commenced under Part IV of The Landlord and Tenant Act before this Act comes into force shall be continued to its conclusion under that Act as if this Act had not come into force.

Unclaimed rent under former Act

197(1)      When on the coming into force of this section the director of the Rent Regulation Bureau under The Residential Rent Regulation Act holds unclaimed money for a tenant under subsection 28(2) of that Act, the money shall be credited to the director, and sections 33, 35 and 36 of this Act apply as if the money were a security deposit owing under this Act to a tenant who could not be located.

Rehabilitation scheme exemptions under former Act continued

197(2)      An exemption under clause 2(2)(b) of The Residential Rent Regulation Act which is in effect on the coming into force of this Act is deemed to be an exemption approved under clause 134(2)(b)of this Act.

Rent increase applications continued under former Act

197(3)      An application for an increase in rent made under The Residential Rent Regulation Act before the coming into force of this section shall be continued to its conclusion under that Act as if this Act had not come into force, if the effective date of the increase, or of the first increase if there is more than 1, precedes the coming into force of this section.

Rent regulation proceedings continued under former Act

197(4)      When before the coming into force of this section a hearing began before a rent appeal panel under The Residential Rent Regulation Act, the hearing and any other proceedings shall be continued under that Act as if this Act had not come into force, and for that purpose the rent appeal panel shall continue and has all the powers and authority conferred on it by that Act.

Part IV of Landlord and Tenant Act repealed

198         Part IV of The Landlord and Tenant Act, and Forms 5 and 6 of the Schedule to that Act, are repealed.

Residential Rent Regulation Act repealed

199         The Residential Rent Regulation Act is repealed.

Condominium Act amended

200(1)      The Condominium Act is amended by this section.

Section 1 amended

200(2)      Section 1 is amended by repealing the definition of "rentalsman" and adding the following in alphabetical order within the section:

"director" means the Director of Residential Tenancies appointed under The Residential Tenancies Act; («directeur»)

"rental unit" means a rental unit as defined in The Residential Tenancies Act; («unité locative»)

"residential complex" means a residential complex as defined in The Residential Tenancies Act; («ensemble résidentiel»)

Clause 5(1)(g) amended

200(3)      Clause 5(l)(g) is amended by striking out "rented residential premises" and substituting "rental units".

Subsection 5(2) amended

200(4)      Subsection 5(2), other than subclause (d)(iii), is amended

(a) by striking out "rented residential premises" where it appears before clause (a) and substituting "rental units";

(b) in clause (b) by striking out "premises that are" and substituting "rental unit that is",

(c) by striking out "premises" wherever else it occurs and substituting "rental unit";

(d) by striking out "The Landlord and Tenant Act" and "The Residential Rent Regulation Act", wherever they occur, and substituting in each case "The Residential Tenancies Act";

(e) by striking out "lease" wherever it occurs, and substituting "tenancy agreement";

(f) in clause (b) by striking out "residential"; and

(g) in subclause (d)(i) by striking out "notwithstanding subsection 99(4) of and substituting "despite any provision to the contrary in".

Subclause 5(2)(d)(iii) repealed and substituted

/ Subclause 5(2)(d)(iii) is repealed and the following is substituted:

(iii) that the tenancy may not be terminated by the landlord except for cause in accordance with The Residential Tenancies Act, and

Subsection 5(2.3) repealed and substituted

200(6)      Subsection 5(2.3) is repealed and the following is substituted:

Resolution by director

5(2.3)      Where, in accordance with subsection (2.2), a tenant notifies the landlord of an objection to the term of occupancy and the landlord and tenant cannot resolve the dispute, the landlord or the tenant may refer the dispute to the director for determination in accordance with The Residential Tenancies Act and, subject to subsection 5(2.4), the director may make such decision or order under that Act with respect to the term of occupancy as the director considers reasonable.

Subsection 5(2.4) amended

200(7)      Subsection 5(2.4) is amended by striking out "rentalsman", wherever it appears, and substituting "director".

Subsection 5(2.5) repealed and substituted

200(8)      Subsection 5(2.5) is repealed and the following is substituted:

Appeal of director's order

5(2.5)      A landlord or a tenant may appeal a decision or order of the director in accordance with the procedure for Part 1 to 8 matters under The Residential Tenancies Act.

Subsection 5(2.6) repealed

200(9)      Subsection 5(2.6) is repealed.

Cooperatives Act amended

201(1)      The Cooperatives Act is amended by this section.

Subsection 112(2) amended

201(2)      Subsection 112(2) is amended by striking out "The Landlord and Tenant Act" and substituting "The Residential Tenancies Act".

Court of Queen's Bench Small Claims Practices Act amended

202(1)      The Court of Queen's Bench Small Claims Practices Act is amended by this section.

Section 3 amended

202(2)      Section 3 is amended by renumbering it as subsection 3(1) and by adding the following:

Exception

3(2)        Subsection (1) does not apply to an action or proceeding within the exclusive authority of the Director of Residential Tenancies or the Residential Tenancies Commission under The Residential Tenancies Act.

Housing and Renewal Corporation Act amended

203(1)      The Housing and Renewal Corporation Act is amended by this section.

Section 44 amended

203(2)      Section 44 is amended by adding the following after clause (j):

(k) respecting the establishment and operation of a residential tenancies repair program for the purpose of advancing monies by loan or otherwise to the Director of Residential Tenancies or to a receiver-manager appointed by the court under The Residential Tenancies Act for the purpose of remedying the effect of contravention by the landlord of his or her obligations under section 59 of that Act.

Landlord and Tenant Act amended

204(1)      The Landlord and Tenant Act is amended by this section.

Definition of "landlord" repealed and substituted

204(2)      The definition of "landlord" in section 1 is repealed and the following is substituted:

"landlord" means the lessor, the owner, or the person giving or permitting the occupation of the premises and that person's heirs, assigns and legal representatives and in Parts II and III includes the person entitled to the possession of the premises; («locateur»)

Definitions repealed

204(3)      The definitions of "residential premises", "security deposit" and "tenancy agreement" in section 1 are repealed.

Clause 2(l)(c) amended

204(4)      Clause 2(1)(c) is amended by striking out "67, 73, 100 or 104" and by substituting "67 or 73".

Section 77 repealed

204(5)      Section 77 is repealed.

Perpetuities and Accumulations Act amended

205(1)      The Perpetuities and Accumulations Act is amended by this section.

Definition amended

205(2)      The definition of "successive legal interest" in section 1 is amended by adding "or The Residential Tenancies Act" after "The Landlord and Tenant Act".

C.C.S.M. reference

206         This Act may be cited as The Residential Tenancies Act and referred to as chapter R119 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

207         This Act comes into force on a day fixed by proclamation.