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The Residential Tenancies Amendment Act

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If you need an official copy, contact Statutory Publications.

S.M. 2004, c. 33

Bill 39, 2nd Session, 38th Legislature

The Residential Tenancies Amendment Act

(Assented to June 10, 2004)

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

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

1           The Residential Tenancies Act is amended by this Act.

2(1)        Clause (c) of the definition "landlord" in subsection 1(1) is replaced with the following:

(c) a person who, in exercising rights under a mortgage or another real property encumbrance, initiates proceedings to evict a tenant from a rental unit;

2(2)        Subsection 1(1) is amended by adding the following definitions:

"personal care home" means a personal care home designated under the regulations made under The Health Services Insurance Act; (« foyer de soins personnels »)

"residential care facility" means a residential care facility that has been licensed or issued a letter of approval under the regulations made under The Social Services Administration Act; (« établissement de soins en résidence »)

2(3)        The following is added after subsection 1(1.2):

Rent re mobile homes

1(1.3)      For greater certainty, "rent" does not include and is deemed never to have included an amount paid by a tenant for

(a) the portion of property taxes levied by a municipality that is attributable to the assessed value of a mobile home, or other assessable property on a mobile home site, that is not owned by the landlord; or

(b) a licence fee charged by a municipality on a mobile home that is not owned by the landlord;

whether paid before or after the coming into force of this subsection.

Payment of property taxes or licence fees

1(1.4)      With respect to a mobile home or other assessable property on a mobile home site occupied by a tenant, a tenancy agreement may include a requirement that the tenant pay property taxes or licence fees described in subsection (1.3) to the landlord or the municipality.

Interpretation: "municipality"

1(1.5)      For the purpose of subsections (1.3) and (1.4), "municipality" includes

(a) a local government district; and

(b) in respect of Northern Manitoba as defined in The Northern Affairs Act,

(i) an incorporated community, and

(ii) the minister responsible for The Northern Affairs Act acting as a municipality under that Act.

Remedies re mobile homes

1(1.6)      The remedies under this Act that are available to a landlord when a tenant fails to pay rent also apply when a tenant fails to pay any property taxes or licence fees described in subsection (1.3) that the tenant is required to pay under a tenancy agreement.

3           Clause 3(1)(f) is replaced with the following:

(f) living accommodation provided in a hospital, a hospice for persons in the late stages of a life-threatening illness, a personal care home or a residential care facility;

4(1)        Clause 21(1)(b) is amended by adding "the applicable provisions of" before "Part 9".

4(2)         Subsection 21(5) is amended by adding "the applicable provisions of" before "Part 9".

5           Sections 22 and 23 are amended in the part before clause (a) by adding "the applicable provisions of" before "Part 9".

6           Subsection 25(1) is replaced with the following:

Three months' notice of rent increase

25(1)       A landlord shall not increase the rent for a rental unit without giving the tenant a written notice of the intended rent increase that meets the requirements of subsection 26(1) or section 27, at least three months before the effective date of the rent increase.

7           Section 28 is replaced with the following:

Notice to be given to director

28(1)       The landlord shall give a copy of the notice of rent increase to the director

(a) within 14 days after giving it to the tenant; or

(b) if no tenant is in possession of the rental unit when the notice is required to be given, within 14 days after the beginning of the 3-month period before the effective date of the increase.

Exception

28(2)       Subsection (1) does not apply to a rent increase for a rental unit that is

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

(b) a room in a boarding house;

(c) subsidized housing; or

(d) occupied under a life lease referred to in subsection 116(4).

8           Subsection 32(4) is amended in the part before clause (a) by adding ", other than a claim under Part 11 for the security deposit," after "subsection (3)".

9(1)        Subsection 60(2) is amended

(a) by adding "in which one or more rental units are occupied" after "is a residential complex";

(b) by adding "that is occupied" after "a rental unit"; and

(c) by striking out "a failure" and substituting "the landlord's failure".

9(2)        Subsection 60(3) is amended by striking out "for a time that appears reasonable" and substituting "for a time, and under any conditions, that the director considers appropriate".

10          Subsection 80(3) is amended by striking out "does not constitute a lawful tenancy, a landlord" and substituting "is not pursuant to a tenancy agreement, the landlord".

11          The following is added after subsection 89(3):

Notice to remedy not required under subsection (3)

89(3.1)     Despite subsection (1), a tenant may give notice under subsection (3) without first giving the landlord written notice to remedy the breach or contravention.

12          Subsection 91(2) is replaced with the following:

When notice to be given

91(2)       A notice of termination under subsection (1) must be given not later than

(a) 14 days after the day the tenant receives notice that the director has made an order permitting or refusing the rent increase under section 125; or

(b) if the director's order is appealed to the commission, 14 days after the day the tenant receives notice that the commission has made a decision or order.

13          Subsection 93(1) is replaced with the following:

Termination for move to personal care home or incapacity

93(1)       If a tenant of a rental unit

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

(b) gives the landlord a certificate from a physician confirming that, for health reasons, the tenant is no longer capable of living independently;

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.

14(1)       Clause 96(3)(c) is amended by adding ", if the contravention results in an extraordinary disturbance" at the end.

14(2)       The following is added after subsection 96(3):

Notice to remedy not required

96(4)       A landlord may give a tenant notice of termination arising from a contravention referred to in subsection (3) without first giving the tenant written notice to remedy the contravention within a reasonable time.

15          Clauses 98(2)(a) and 99(2)(a) are amended by adding ", and the landlord gives the tenant at least 3 months' notice" after "to end".

16          Section 106 is replaced with the following:

"Abandoned property" defined

106(1)      In this Part, "abandoned property" means personal property left by a tenant in a rental unit or residential complex that the tenant has vacated or abandoned or from which the tenant has been evicted, other than property being stored under an agreement with the landlord.

Landlord's powers re abandoned property

106(2)      A landlord may remove, store, sell or dispose of abandoned property only in accordance with this Part.

When property to be returned to tenant

106(3)      The tenant or the owner of an item of abandoned property stored by the landlord may claim the item by paying the landlord the reasonable cost of removing and storing the abandoned property and the landlord shall give the item to the tenant or owner.

Application

106.1(1)    This section does not apply to abandoned property that is an item such as a personal document or photograph that by its nature is impossible or difficult to replace and is of little or no monetary value.

Worthless, unsanitary or unsafe property

106.1(2)    If a landlord is satisfied on reasonable grounds that an item of abandoned property

(a) has no monetary value; or

(b) is unsanitary or unsafe to store;

the landlord may remove the item and dispose of it at an appropriate disposal facility.

Landlord to prepare inventory

106.1(3)    A landlord may remove abandoned property that has monetary value and is not unsanitary or unsafe to store but must, at the earliest reasonable opportunity,

(a) make a reasonable effort to contact the tenant to give the tenant an opportunity to claim the property;

(b) prepare an inventory of the property in the prescribed form and give a copy of it to the director; and

(c) give a copy of the inventory to the tenant, and if the copy is mailed to the tenant, it is sufficiently given if it is mailed to the tenant's last known address.

Property of little value

106.1(4)    If, after complying with subsection (3), the landlord is satisfied on reasonable grounds that the proceeds from selling an item of abandoned property would be less than the reasonable costs of removing, storing and selling it, the landlord may

(a) give the item to a charitable or other non-profit organization; or

(b) dispose of the item at an appropriate disposal facility.

Storing other property

106.1(5)    A landlord who removes abandoned property that cannot be disposed of under subsection (2) (worthless, unsanitary or unsafe property) or (4) (property of little monetary value) must, subject to any direction of the director, store the property in a safe place and manner for at least 60 days.

Personal documents and photographs

106.2       A landlord may remove abandoned property referred to in subsection 106.1(1) (personal documents and photographs) but must

(a) comply with the requirements set out in clauses 106.1(3)(a) to (c); and

(b) subject to any direction of the director, store the property in a safe place and manner for at least 60 days.

17(1)       Subsection 107(1) is replaced with the following:

Sale or disposal of unclaimed property

107(1)      If the tenant or the owner fails to claim and remove abandoned property stored by the landlord within the 60-day time period referred to in subsection 106.1(5) or section 106.2, the landlord may

(a) in the case of property referred to in subsection 106.1(1) (personal documents and photographs of little value), dispose of them at an appropriate disposal facility; and

(b) in any other case, sell or dispose of the abandoned property in a manner and subject to any conditions set by the director.

17(2)       Subsection 107(2) is amended in the part before clause (a), by striking out "personal" and substituting "abandoned".

17(3)       Subsection 107(4) is renumbered as section 107.1 and replaced with the following:

Acquiring good title to abandoned property

107.1       Where

(a) a charitable or other non-profit organization is given an item of abandoned property under clause 106.1(4)(a) or 107(1)(b); or

(b) a person in good faith purchases an item under section 107;

the organization or person is deemed, subject to The Personal Property Security Act, to have acquired good title to the property, free and clear of any other interest.

18          Section 108 is amended by striking out "personal".

19          Subsection 118(2) is amended

(a) in clause (a), by striking out

(i) ", section 134 (rehabilitation scheme)", and

(ii) "or" at the end of the clause; and

(b) by adding the following after clause (a):

(a.1) to the first rent increase for a rental unit after the director approves a rehabilitation scheme under section 134; or

20(1)       Subsection 131(1) of the English version is amended in the section heading and in the subsection by striking out "3 units" and substituting "3 rental units".

20(2)       Clause 131(2)(b) is amended by striking out "at least 14 days before it is to be effective" and substituting "no later than 14 days after it is given to the new tenant".

21          Subsection 137(1) is amended in the part before clause (a) by adding "or has provided" after "proposes to provide".

22          Subsection 137(2) is amended by striking out "not less than 15 days before the landlord intends to comply with the tenant's request" and substituting "no later than 15 days after the landlord complies with the tenant's request".

23          The following is added after subsection 153(5):

Order not subject to appeal

153(5.1)    An order made under subsection (5) is final and not subject to appeal.

24(1)       Subsection 154(2) is amended in the part before paragraph 1 by adding ", at the same time that the decision or order is made, or at a later time," after "director may".

24(2)       Subsection 154(4) is amended

(a) by replacing the section heading with "Enforcing an order"; and

(b) in the subsection, by striking out "a previous order" and substituting "another order".

25          The following is added after subsection 155(3):

Orders are public

155(4)      A decision or order of the director under section 154 and any written reasons for it are to be made available to the public, subject to the payment of any prescribed fee.

26          Subsections 161(2) and (2.1) are amended by striking out "commission permits" and substituting "chief commissioner permits".

27          The following is added after subsection 171(3):

Orders are public

171(4)      A decision or order of the commission and any written reasons for it are to be made available to the public, subject to the payment of any prescribed fee.

28          The following is added after section 171:

Director may enforce commission orders

171.1       For the purpose of enforcing a decision or order of the commission made under subsection 170(1), the director may make an order respecting a set-off or redirection of rent under subsection 140(4) or 154(2) without further investigation or mediation.

29          The following is added after section 178:

Director may enforce Court of Appeal orders

178.1       For the purpose of enforcing a decision or order of the Court of Appeal made under section 178, the director may make an order respecting a set-off or redirection of rent under subsection 140(4) or 154(2) without further investigation or mediation.

30          The following is added after section 185:

Reproduced signatures

185.1       The signature of a person on a document issued by or on behalf of the director or the commission under this Act may be reproduced by printed, electronic or other means and if so reproduced, is valid without proof of the signature or appointment of the person signing the document.

Coming into force

31          This Act comes into force on a day to be fixed by proclamation.