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The Residential Tenancies Amendment Act

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S.M. 2005, c. 35

Bill 38, 3rd Session, 38th Legislature

The Residential Tenancies Amendment Act

(Assented to June 16, 2005)

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           Subsection 21(5) is amended by adding "or a term of 12 months, whichever is less," after "term".

3           Section 22 is amended in the part before clause (a) by adding "or a term of 12 months, whichever is less," after "existing agreement".

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

Three months' notice of removal of rent discount

25(4)       A landlord shall not remove or reduce a rent discount without giving the tenant a written notice of the removal or reduction at least three months before the effective date of the removal or reduction.

Exception for conditional discount

25(5)       The period of notice required under subsection (4) does not apply to the removal or reduction of a rent discount resulting from the tenant's breach of a condition of the discount.

5           The following is added after section 59:

Compensation for unreasonable delay

59.1        For greater certainty, if a landlord fails to comply with section 58 or 59 within

(a) a reasonable time after receiving a request to comply; or

(b) the time specified in an order under this Act or an order described in subsection 59(3);

the tenant may apply, in the form approved by the director, for an order under section 154 that the landlord compensate the tenant. The order may provide for ongoing periodic compensation, which may be set off against the rent.

6(1)        Subsection 68(1) is amended by striking out "or" at the end of clause (a), adding "or" at the end of clause (b) and adding the following after clause (b):

(c) is exempt from the rent regulation provisions of Part 9;

6(2)        Clause 68(2)(b) is amended by striking out "95%" and substituting "90%".

7           Section 82 is renumbered as subsection 82(1) and the following is added as subsection 82(2):

Landlord entitled to administration fee

82(2)       If a written tenancy agreement for a rental unit specifies a date for it to end and the tenant abandons the rental unit before that date, the landlord may require the tenant to pay a prescribed administration fee.

8           The following is added after subsection 87(4):

Termination by giving notice: deemed renewal

87(5)       A tenant may terminate a tenancy agreement that is deemed to be renewed under subsection 21(5) or section 22 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.

9(1)        Subsection 91(1) is amended by striking out "in accordance with this section" and substituting "by giving notice in accordance with subsection (3) and section 91.2".

9(2)        Subsection 91(2) is repealed.

10          The following is added after section 91:

Termination after rehabilitation scheme approved

91.1        A tenant who occupies a rental unit affected by an application under section 133 for approval of a rehabilitation scheme may terminate a fixed term tenancy agreement by giving the landlord a notice of termination, in accordance with section 91.2, that is not less than 2 rental payment periods, effective on the last day of a rental payment period.

When notice of termination to be given

91.2        A notice of termination under section 91 or 91.1 must be given not later than

(a) 14 days after the day the tenant receives an order from the director under section 125 or 134, as the case may be; or

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

11          Subsection 95(5) is amended by adding "in writing" after "confirms".

12(1)       Clause 116(2)(c) is amended by striking out "clause 134(2)(b)" and substituting "subsection 134(2)".

12(2)       The following is added after subsection 116(2.1):

Extended non-application to buildings occupied after March 7, 2005

116(2.2)    If the rental unit described in subsection (2) is in a new building in which the first rental unit to be occupied by a tenant is first occupied after March 7, 2005, and for which the first occupancy permit, if one is required, is issued after that date, this Part, except sections 117 to 119, does not apply until

(a) if an occupancy permit is required, 20 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; and

(b) if no occupancy permit is required, 20 years after a rental unit in the building is first occupied by a tenant.

13(1)       Subsection 118(1) is replaced with the following:

Twelve months between rent increases

118(1)      The rent charged for a rental unit shall not be increased

(a) earlier than 12 months after the unit is first occupied as a rental unit; or

(b) more than once in any 12-month period.

13(2)       Clause 118(2)(a) is amended by adding "section 126.1 (rent increase after termination of life lease)," after "permitted under".

14(1)       Subsection 134(1) is amended by striking out "and" at the end of clause (a), adding "and" at the end of clause (b) and adding the following after clause (b):

(c) that all requirements set out in the regulations have been met;

14(2)       Subsection 134(2) is replaced with the following:

Contents of order

134(2)      Subject to the regulations, an order approving a rehabilitation scheme may approve the scheme with or without modifications and conditions, and may

(a) exempt the residential complex or part of the residential complex from this Part for a period of up to 5 years;

(b) if the rehabilitation scheme relates only to a specified rental unit in the residential complex, exempt the specified unit from this Part for a period of up to 2 years; or

(c) if the rehabilitation scheme relates to a residential complex that is a distressed property, as defined in the regulations, exempt the residential complex, or part of the residential complex, from this Part for a period of up to 15 years.

15          The following is added after section 140 and before the centred heading before section 140.1:

Order where incomplete notice given

140.0.1(1)  If the director, after completing an inquiry on the director's own initiative or on the application of a tenant,

(a) is satisfied that a landlord has charged rent in excess of that permitted under this Act because the landlord, in giving notice of a rent increase, failed to comply with all the requirements for the notice as set out in subsection 26(1) or section 27 or 116.1; and

(b) is of the opinion that the landlord's failure has not resulted in unfairness to the tenants who were entitled to receive the notice;

the director may make an order

(c) setting the rent at an amount that, unless subsection 131(1), 132(1) or 132.1(1) applies, does not exceed the amount permitted by the regulations for any 12-month period to which the order applies;

(d) requiring the landlord to reimburse the tenants for any rent owing to the tenants; and

(e) imposing such conditions as the director considers reasonable.

Order authorizing set-off or redirection of rent

140.0.1(2)  If the director makes an order under clause (1)(d), the director may also make an order referred to in clause 140(4)(a) or (b), and in that case subsections 140(5) and (6) apply to that order, with necessary changes.

Application of subsection (1)

140.0.1(3)  Subsection (1) applies to a rent increase charged either before or after the coming into force of that subsection, but it does not apply to a rent increase with respect to which the director issued a final order under this Part before the coming into force of that subsection.

16(1)       Clause (b) of paragraph 5 in subsection 154(1) is amended by striking out "incurred to a maximum of 10% of the amount of the compensation" and substituting ", as determined in accordance with a regulation made by the minister".

16(2)       Subsection 154(1) is amended by adding the following after paragraph 9:

9.1 Requiring a person against whom the director has granted an order of possession to compensate the landlord for the landlord's reasonable costs incurred in obtaining a writ of possession under subsection 157(2) and enforcing it.

17(1)       Clause 194(h) is replaced with the following:

(h) respecting rehabilitation schemes and the making of orders respecting rehabilitation schemes, including

(i) establishing categories of rehabilitation schemes,

(ii) the form and content of applications referred to in section 133, and any deadlines for making applications,

(iii) selection criteria, or other factors relating to rental units or residential complexes, to be considered when approving a rehabilitation scheme,

(iv) factors to be considered in setting the length of an exemption period under section 134,

(v) for the purpose of clause 134(1)(c), other matters that the director is to take into account when making an order approving a rehabilitation scheme,

(vi) the conditions that can be placed on an order approving a rehabilitation scheme under section 134,

(vii) restricting, on the basis of categories of rehabilitation schemes or the geographic location of rental units to be rehabilitated, the overall number of rental units that can be approved for rehabilitation in a specified time period;

17(2)       Section 194 is amended by adding the following after clause (i.1):

(i.2) prescribing administration fees landlords may charge under subsection 82(2);

17(3)       Clause 194(k) is amended by striking out "to commissioners, their surviving spouses and children;" and substituting the following:

to commissioners and

(i) their surviving spouses or common-law partners, and

(ii) their surviving children;

18          Section 194.1 is amended by adding the following after clause (a):

(a.1) respecting costs to be paid under an order made under clause (b) of paragraph 5 of subsection 154(1);

Coming into force

19(1)       Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force: sections 5, 7, 14 and 16(1)

19(2)       Sections 5, 7, 14 and subsection 16(1) come into force on a day to be fixed by proclamation.