Skip to main content
The Residential Tenancies Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 2009, c. 10

Bill 12, 3rd Session, 39th Legislature

The Residential Tenancies Amendment Act

(Assented to June 11, 2009)

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

"deposit" means

(a) a security deposit,

(b) a pet damage deposit, or

(c) a tenant services security deposit; (« dépôt »)

"guarantee agreement" means a written agreement between a landlord and a guarantor in which the guarantor undertakes to be responsible for specific obligations of a tenant under a tenancy agreement or this Act if the tenant fails to comply with those obligations; (« accord de garantie »)

"guarantor" means a person who enters into a guarantee agreement with a landlord; (« garant »)

"pet damage 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 liability of the tenant relating to a pet; (« dépôt pour les dommages attribuables à un animal de compagnie »)

"rent discount" means the dollar value by which rent is reduced to the amount actually paid by, or on behalf of, the tenant; (« remise de loyer »)

"tenant services" means one or more of the following provided under a tenancy agreement to a tenant by, or on behalf of, the landlord:

(a) meal service,

(b) personal laundry service,

(c) linen service,

(d) housekeeping service in the rental unit,

(e) personal emergency response service,

(f) transportation service,

(g) recreation and wellness services,

(h) cash management service,

(i) a good or service promised or provided to a tenant as a term of a tenancy agreement, other than a service that falls within the definition of "service and facility",

but does not include a service provided to the tenant under an agreement between the landlord or another person and a regional health authority established under The Regional Health Authorities Act; (« services aux locataires »)

"tenant services charge" means the total amount of money paid or other value given by a tenant to a landlord for providing one or more tenant services; (« frais de services aux locataires »)

"tenant services 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 liability of the tenant relating to tenant services; (« dépôt de garantie pour les services aux locataires »)

2(2)        Clause (b) of the definition "landlord" in subsection 1(1) is amended by adding "or a tenant services charge" after "rent".

2(3)        The definition "rent" in subsection 1(1) is amended by adding ", but does not include a tenant services charge" at the end.

2(4)        The definition "security deposit" in subsection 1(1) is amended by adding the following at the end:

, but does not include

(a) a pet damage deposit, or

(b) a tenant services security deposit;

2(5)        The definition "tenancy agreement" in subsection 1(1) is amended by adding "and, where applicable, provision of tenant services" after "rental unit".

2(6)        The definition "tenant" in subsection 1(1) is amended by adding "or a tenant services charge" after "pays rent".

2(7)        The following is added after subsection 1(1.6):

Determining if a service is a tenant service

1(1.7)      For greater certainty, if there is a dispute as to whether a service promised or provided by a landlord is a service within the meaning of "service and facility" or within the meaning of "tenant services" in subsection (1), the service is deemed to be within the meaning of "service and facility".

2(8)        Clauses 1(2)(b) and 1(3)(b) are amended

(a) by adding ", and, if applicable, the tenant services charge," after "and the rent"; and

(b) by striking out "to pay rent" and substituting "to pay".

3(1)        Subsection 7(1) is amended by striking out "A tenancy" and substituting "Subject to subsections (1.1) and (1.2), a tenancy".

3(2)        The following is added after subsection 7(1):

If guarantor a term of tenancy agreement

7(1.1)      If a landlord determines that it is appropriate to require a tenant to provide a guarantor, the tenancy agreement must be made in writing.

If tenancy agreement includes tenant services

7(1.2)      If a tenancy agreement made on or after the day this section comes into force includes the provision of tenant services, the tenancy agreement must be made in writing.

Existing agreement that includes tenant services — other than fixed term

7(1.3)      If

(a) a tenancy agreement made before the day this section comes into force includes the provision of tenant services; and

(b) the tenancy agreement

(i) is an oral or implied tenancy agreement, or

(ii) has no specified date for it to end;

the landlord must enter into a written tenancy agreement, in the prescribed form, with the tenant within 6 months after the day this section comes into force.

Existing agreement that includes tenant services — fixed term

7(1.4)      If

(a) a tenancy agreement made before the day this section comes into force includes the provision of tenant services; and

(b) the tenancy agreement specifies a date for it to end;

the landlord must, when giving the tenant a new tenancy agreement in accordance with subsection 21(1), ensure that the tenancy agreement is in the prescribed form.

4           The following is added after section 7:

Cooling-off period for agreement that includes tenant services

7.1(1)      A tenant who has signed a tenancy agreement that includes the provision of tenant services may, before taking possession of the rental unit, cancel the agreement within 48 hours after signing it.

Giving notice of cancellation

7.1(2)      To cancel a tenancy agreement referred to in subsection (1), the tenant must

(a) personally give written notice of the cancellation to the landlord; or

(b) send written notice of the cancellation by fax to the fax number given by the landlord for this purpose.

Termination of agreement

7.1(3)      A tenancy agreement that is cancelled in accordance with this section is deemed to be terminated when the notice is given or faxed to the landlord.

5           The following is added after section 10:

Tenant services charge payment period

10.1        The tenant services charge is payable at the same time as the rent is payable under the tenancy agreement.

6(1)        Subsection 11(2) is replaced with the following:

House rules

11(2)       In addition to the obligations set out in a tenancy agreement, a landlord may establish and enforce rules about

(a) the tenant's use, occupancy or maintenance of the rental unit or residential complex;

(b) the tenant's use of services and facilities; and

(c) the tenant's use of tenant services;

if the rules are in writing, are made known to the tenant, and are reasonable in all the circumstances.

6(2)        Subclause 11(3)(a)(i) is amended by adding "and, if applicable, tenant services" after "facilities".

7           Clause 13(1)(b) is amended by adding "or a tenant services charge," after "rent".

8           Section 15 is amended

(a) in the section heading, by adding "or tenant services charge" after "rent"; and

(b) in the section, by adding "or a tenant services charge" after "rent".

9           Section 16 is amended by adding "or a tenant services charge" after "rent".

10(1)       Clause 21(1)(b) is replaced with the following:

(b) with the same benefits and obligations, subject to

(i) a rent increase that complies with Part 9, and

(ii) if applicable, a tenant services charge increase that complies with Part 9.1;

10(2)       Subsection 21(5) is amended by striking out "subject to a rent increase that complies with the applicable provisions of Part 9" and substituting the following:

subject to

(a) a rent increase that complies with Part 9; and

(b) if applicable, a tenant services charge increase that complies with Part 9.1.

11          Section 22 is amended in the part before clause (a) by striking out "the applicable provisions of".

12          Section 22.1 is amended by striking out "subject to a rent increase that complies with the applicable provisions of Part 9" and substituting the following:

subject to

(a) a rent increase that complies with Part 9; and

(b) if applicable, a tenant services charge increase that complies with Part 9.1.

13          Section 23 is amended in the part before clause (a) by striking out "the applicable provisions of Part 9" and substituting "Part 9 and, if applicable, a tenant services charge increase that complies with Part 9.1".

14          The following is added after section 28:

PART 2.1

GUARANTEE AGREEMENTS

Guarantee agreement in writing

28.1        A guarantee agreement must be made in writing, be signed by the landlord and guarantor, and be in the prescribed form, if any.

Contents of guarantee agreements

28.2        A guarantee agreement entered into on or after the day this section comes into force must be in accordance with any regulations and must clearly set out the following:

(a) the landlord's legal name, telephone number and address, and any other contact information for giving notices or other documents;

(b) the guarantor's name, telephone number and address, and any other contact information for giving notices or other documents;

(c) the tenant's name;

(d) the address of the rental unit and residential complex to which the guarantee agreement applies;

(e) the duration of the guarantee agreement and a statement as to whether the guarantor's obligations continue for one or more renewals of the tenancy agreement;

(f) the obligations of the tenant for which the guarantor has undertaken to be responsible, including the duration of those obligations as set out in section 28.4;

(g) the extent of the guarantor's financial liability;

(h) the period of notice required to be given by the landlord to the guarantor if the tenant fails to comply with an obligation for which the guarantor has undertaken to be responsible, as set out in section 28.10;

(i) a statement that if the landlord receives a request for a subletting from the tenant or consents to a subletting, the landlord undertakes to promptly advise the guarantor for the purposes of section 28.8;

(j) the guarantor's right to terminate the guarantee agreement, including the period of notice to be given to the landlord, which must be in accordance with section 28.11;

(k) a statement that the landlord and the guarantor undertake to give notice to each other of any change in the information required under clauses (a) and (b);

(l) the manner of giving notices or other documents in relation to the guarantee agreement, which must be in accordance with this Act;

(m) any terms, conditions or information required by the regulations.

Change in contact information

28.3(1)     If there is a change in the information provided by the landlord or guarantor under clause 28.2(a) or (b), the landlord or guarantor must give notice of the change to the other person as soon as reasonably practicable.

Current contact information to be used

28.3(2)     When the landlord or guarantor gives a notice or document that is required to be given to the other person under the guarantee agreement, the landlord or guarantor must use the other person's most recent contact information.

Guarantor's obligation — fixed term tenancy

28.4(1)     If

(a) the guarantee agreement is in relation to a tenancy agreement that specifies a date for it to end; and

(b) the end dates of the tenancy agreement and the guarantee agreement are the same;

the guarantee agreement must specify that the guarantor is responsible for the obligations of the tenant for which the guarantor has undertaken to be responsible until the end of the tenancy agreement.

Guarantor's obligation — fixed term tenancy that is renewed

28.4(2)     If

(a) the guarantee agreement is in relation to a tenancy agreement that specifies a date for it to end; and

(b) in the guarantee agreement, the guarantor has also undertaken to be responsible for the tenant's obligations for one or more renewals of the tenancy agreement;

the guarantee agreement must specify

(c) if the guarantor continues to be responsible for the obligations of the tenant for which the guarantor has undertaken to be responsible for the duration of the guarantee agreement; and

(d) if the guarantor is also responsible for future increases that are allowed under this Act for

(i) rent, or

(ii) tenant services charges.

Guarantor's obligation — tenancy with no fixed term

28.4(3)     If the guarantee agreement is in relation to a tenancy agreement that has no specified date for it to end, the guarantee agreement must specify

(a) if the guarantor continues to be responsible for the obligations of the tenant for which the guarantor has undertaken to be responsible for the duration of the guarantee agreement; and

(b) if the guarantor is also responsible for future increases that are allowed under this Act for

(i) rent, or

(ii) tenant services charges.

COPIES OF AGREEMENTS TO GUARANTOR

Copies of guarantee and tenancy agreements to guarantor

28.5(1)     With respect to a guarantee agreement entered into on or after the day this section comes into force, the landlord must give the guarantor

(a) a copy of the guarantee agreement signed by both the landlord and guarantor; and

(b) a copy of the signed tenancy agreement to which the guarantee agreement relates;

within 21 days after the tenant is entitled to occupy the rental unit under the tenancy agreement.

Copy of tenancy agreement to existing guarantor

28.5(2)     With respect to a guarantee agreement entered into before this section comes into force, the landlord must give the guarantor a copy of the existing tenancy agreement as soon as reasonably practicable after the day this section comes into force.

NOTICE OF RENEWAL OR INCREASE

Notice of tenancy agreement renewal to guarantor

28.6(1)     If in the guarantee agreement the guarantor has undertaken to be responsible for the tenant's obligations for one or more renewals of the tenancy agreement, the landlord must give the guarantor written notice of a renewal not later than three months before the end date of the tenancy agreement.

Contents of notice

28.6(2)     The notice referred to in subsection (1) must state

(a) that the tenant has been given a new tenancy agreement and may continue to occupy the rental unit;

(b) the amount of the rent under the new tenancy agreement, if the rent has been increased;

(c) the amount of any tenant services charge under the new tenancy agreement, if the charge has been increased; and

(d) that the guarantor will be responsible for the tenant's obligations for the duration of the new tenancy agreement unless the guarantor terminates the guarantee agreement by giving notice to the landlord, in accordance with subsection 28.11(2), not later than two months before the end date of the existing tenancy agreement, unless the guarantee agreement sets out a shorter notice period.

If notice of renewal not given

28.6(3)     If the landlord fails to give the guarantor notice of the renewal of the tenancy agreement in accordance with this section, the guarantee agreement is deemed to be terminated on the end date of the existing tenancy agreement.

Notice of increase to guarantor — tenancy without fixed term

28.7(1)     If a guarantee agreement is in relation to a tenancy agreement that has no specified date for it to end, the landlord must give the guarantor written notice of any increase in

(a) the rent; or

(b) any tenant services charge;

at least three months before the effective date of the increase.

Increase void against guarantor if no notice

28.7(2)     An increase in

(a) the rent; or

(b) any tenant services charge;

is void against the guarantor if the landlord does not give the notice required by subsection (1).

SUBLETTING

Notice to guarantor re subletting

28.8        The landlord must give notice to the guarantor promptly if the landlord

(a) receives a request from the tenant to consent to a subletting under subsection 42(1); or

(b) consents to a subletting.

New guarantee agreement required for sublet

28.9        If the landlord consents to a subletting, the guarantor has no obligations under the guarantee agreement for the duration of that subletting unless the guarantor enters into a written guarantee agreement with the landlord that is specific to that sublet.

NOTICE RE DEFAULT BY TENANT

Notice to guarantor if tenant defaults

28.10       If the tenant fails to comply with an obligation for which the guarantor has undertaken to be responsible, the landlord must

(a) in the case of an obligation to pay as set out in section 69, give notice to the guarantor

(i) not later than 10 days after the date on which the amount outstanding equals the amount payable for two rental payment periods, or

(ii) if the guarantee agreement sets out a shorter notice period, within that shorter period; and

(b) in the case of any other obligation, give notice to the guarantor of the failure as soon as reasonably practicable.

TERMINATION OF GUARANTEE AGREEMENT

Termination — guarantee agreement for fixed term tenancy

28.11(1)    Unless the guarantee agreement provides otherwise, if the end date of the guarantee agreement is on or before the end date of the tenancy agreement to which it relates, the guarantor may not terminate the guarantee agreement before the date the guarantee agreement ends.

Termination — guarantee agreement for fixed term tenancy that is renewed

28.11(2)    If

(a) the guarantee agreement is in relation to a tenancy agreement that specifies a date for it to end; and

(b) the guarantor has also undertaken to be responsible for the tenant's obligations for one or more renewals of the tenancy agreement;

the guarantor may terminate the guarantee agreement by giving notice to the landlord of not less than two months, to be effective not earlier than the end date of the existing tenancy agreement, unless the guarantee agreement sets out a shorter notice period.

Termination — guarantee agreement for tenancy with no fixed term

28.11(3)    If the guarantee agreement is in relation to a tenancy agreement that has no specified date for it to end, the guarantor may terminate the guarantee agreement by giving notice to the landlord no later than the last day of a rental payment period, to be effective not earlier than the last day of the following rental payment period.

DIRECTOR'S AUTHORITY: EXISTING GUARANTEE AGREEMENTS

Director's authority — existing guarantee agreements

28.12       The guarantor or the landlord may apply to the director under section 152 for a determination of a question or matter arising from a guarantee agreement entered into before the day this section comes into force.

GENERAL PROVISIONS

Parties entitled to copy of document signed

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

Additional payments prohibited

28.14       A landlord shall not require or receive from a guarantor or prospective guarantor any payment or consideration except as permitted by this Act or The Life Leases Act.

Restriction or waiver of Act void

28.15       A provision of a guarantee agreement is void to the extent that it restricts or waives, or purports to restrict or waive,

(a) a requirement of this Act; or

(b) a person's rights or obligations under this Act.

15          The heading for Part 3 is amended by striking out "SECURITY".

16          The English version of the centred heading before section 29 is replaced with "SECURITY DEPOSITS".

17          The following is added after section 29:

PET DAMAGE DEPOSITS

Pet damage deposit

29.1(1)     A landlord may require a tenant to pay a pet damage deposit if, on or after the day this section comes into force, the tenant keeps a pet in the rental unit with the landlord's permission.

Transitional

29.1(2)     A landlord shall not require a tenant to pay a pet damage deposit with respect to a pet that, before the day this section comes into force, was kept in the rental unit with the landlord's permission.

Exception — dog guides and animal assistants

29.1(3)     A landlord shall not require a tenant who relies on a dog guide or another animal assistant, as referred to in The Human Rights Code, to pay a pet damage deposit in respect of that animal.

Pet damage deposit requirements

29.1(4)     A landlord who requires a tenant to pay a pet damage deposit shall comply with the following requirements:

1.

The pet damage deposit must not be more than the equivalent of 1/2 of one month's rent payable under the tenancy agreement.

2.

The pet damage deposit must not be required to be paid unless the landlord notifies the tenant that a pet damage deposit is required

(a) before the tenancy agreement is first entered into, or

(b) when the landlord gives the tenant permission to keep a pet during the term of the tenancy agreement.

3.

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

4.

On payment of the pet damage deposit, the landlord shall give the tenant a written acknowledgement 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.

The landlord must not require more than one pet damage deposit in respect of a tenancy agreement, regardless of the number of pets the landlord agrees the tenant may keep in the rental unit.

Return of deposit on termination of tenancy

29.1(5)     A tenant is not entitled to the return of the pet damage deposit and interest at the prescribed rate before termination of the tenancy.  After termination, the deposit and interest shall be dealt with in accordance with section 32 or 34.

Rules re pets

29.2        If the landlord gives the tenant rules about pets, subsections 11(2) and (3) (house rules) apply.

TENANT SERVICES SECURITY DEPOSITS

Tenant services security deposit

29.3        A landlord may require a tenant who, on or after the day this section comes into force, enters into a tenancy agreement that includes the provision of tenant services to pay a tenant services security deposit.

Tenant services security deposit requirements

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

1.

The tenant services security deposit must not be more than 1/2 of the first month's tenant services charge payable under the tenancy agreement.

2.

The tenant services security deposit must not be required to be paid unless,

(a) before the tenancy agreement is first entered into, the landlord notifies the tenant that a tenant services security deposit is required, or

(b) before any assignment is made, the landlord notifies the prospective tenant that a tenant services security deposit is required.

3.

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

4.

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

Transitional

29.5        A landlord shall not require a tenant services security deposit to be paid on or after the day this section comes into force with respect to a tenancy agreement entered into before the day this section comes into force that included the provision of tenant services.

18(1)        Subsection 30(1) is amended

(a) by replacing the section heading with "Landlord to hold or remit deposit"; and

(b) by striking out "security" wherever it occurs.

18(2)       Subsection 30(2) is amended

(a) by striking out "security deposit" and substituting "deposit"; and

(b) by striking out "security deposits" and substituting "the deposits".

18(3)       Subsection 30(3) is amended by striking out "security deposit" and substituting "deposit" in the following provisions:

(a) in the part before clause (a);

(b) in clauses (a) and (b).

18(4)       In the following provisions, "security" is struck out wherever it occurs:

(a) subsections 30(4) to (6);

(b) section 31.

19          The centred heading before section 31.1 is amended by striking out "SECURITY".

20          The section heading for section 31.1 is replaced with "Claim against security deposit".

21           The following is added after section 31.1:

Claim against pet damage deposit

31.2        Subject to section 31.4, a landlord may make a claim under this Act against a pet damage deposit and interest at the prescribed rate for compensation for

(a) repair of damage caused by a pet to the tenant's rental unit or the residential complex;

(b) extraordinary cleaning of the tenant's rental unit or the residential complex required because of a pet; and

(c) any other liability of the tenant relating to a pet.

Claim against tenant services security deposit

31.3        Subject to section 31.4, a landlord may make a claim under this Act against a tenant services security deposit and interest at the prescribed rate for

(a) an outstanding tenant services charge; and

(b) any other liability of the tenant relating to tenant services.

Other claims

31.4        If a landlord makes a claim under this Act for outstanding rent or other compensation as set out in section 31.1, the tenant may agree to apply all or a portion of

(a) the pet damage deposit and interest; or

(b) the tenant services security deposit and interest;

against the amount of the landlord's claim.

22          The centred heading before section 32 is amended by striking out "SECURITY".

23(1)       In the following provisions, "security" is struck out wherever it occurs:

(a) subsections 32(1) to (4);

(b) subsections 32(6) to (8).

23(2)       Subsection 32(5) is amended

(a) by striking out "security"; and

(b) by striking out everything after "Part 11".

24          Subsection 33(1) is amended by striking out "security" wherever it occurs.

25          The centred heading before section 34 is amended by striking out "SECURITY".

26          Section 34 is amended

(a) in the section heading for subsection (1), by striking out "Security deposit" and substituting "Deposit";

(b) in subsections (1) to (5), by striking out "security" wherever it occurs; and

(c) in subsection (6),

(i) by striking out "security", and

(ii) by striking out everything after "Part 11".

27(1)       Subsections 35(1) and (2) are amended by striking out "security".

27(2)       Subsection 35(3) is amended by striking out "security deposit and interest" and substituting "deposit and interest".

28(1)       Clause 36(2)(a) is replaced with the following:

(a) all money that is forfeited to the Crown under

(i) subsection 33(2) or 35(3) (unclaimed deposits),

(ii) subsection 140(6) (unclaimed rent refunds),

(iii) subsection 140.1(7) (unclaimed life lease rent refunds), or

(iv) subsection 140.7(5) (unclaimed tenant services charge refunds);

28(2)       The following is added after clause 36(2)(b):

(b.1) all money paid as a result of notices of administrative penalties issued under subsection 193.1(1);

28(3)       Clause 36(2)(c) is repealed.

28(4)       Subsection 36(3) is amended by striking out "part of a security deposit" and substituting "part of a deposit".

29          The centred heading before section 36.1 of the English version is amended by striking out "SECURITY".

30          Clause 36.1(1)(a) is amended by striking out "security".

31          The centred heading before section 38 is replaced with "SET-OFF OF DEPOSIT".

32          Section 38 is replaced with the following:

Right to set-off if deposit exceeds permitted amount

38(1)       If a landlord receives a deposit in excess of the amount permitted,

(a) in the case of

(i) a security deposit, or

(ii) a pet damage deposit,

the tenant may set-off the excess amount of the deposit and interest at the prescribed rate against rent that is due; or

(b) in the case of a tenant services security deposit, the tenant may set-off the excess amount of the deposit and interest at the prescribed rate against a tenant services charge that is due.

Set-off with consent

38(2)       A landlord or a tenant may, with the other's written consent, apply a deposit and interest at the prescribed rate against

(a) the rent; or

(b) if applicable, the tenant services charge;

due by the tenant for the rental payment period immediately before the landlord regains possession of the rental unit.

33(1)       Subsection 39(1) is replaced with the following:

Landlord or tenant may request a condition report

39(1)       The landlord or the tenant may request that a condition report be completed for the rental unit at the following times:

(a) on or before the date the tenancy begins;

(b) at the time of a subletting or assignment of the tenancy agreement;

(c) at the time the landlord permits the tenant to keep a pet in the rental unit after the date a tenancy begins.

33(2)       Subsection 39(2) 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) if the request is made at the time the landlord permits the tenant to keep a pet in the rental unit, inspect the rental unit at that time.

34          The following is added after subsection 42(4):

Prohibited assignment — agreement with tenant services

42(5)       A tenant may not assign a tenancy agreement that includes the provision of tenant services if the assignment is prohibited by the terms of the tenancy agreement.

35          Section 47 is amended

(a) by striking out "or" at the end of clause (b) and adding the following after clause (b):

(b.1) request or receive from one or more new tenants or sub-tenants, tenant services charges that total an amount greater than the amount the landlord may lawfully charge as a tenant services charge; or

(b) in clause (d), by adding ", a tenant services charge" after "rent".

36(1)        Subsection 51(1) is amended

(a) in subclause (a)(i), by striking out "or sending";

(b) in subclause (a)(ii), by adding "and any tenant services charges" after "rent"; and

(c) by replacing clause (b) with the following:

(b) setting out separately for each of the following deposits, the amount of the deposit being held for the rental unit and the amount of interest that has accrued on the deposit to the date of possession of the residential complex by the new landlord:

(i) a security deposit,

(ii) a pet damage deposit,

(iii) a tenant services security deposit.

36(2)        The following is added after subsection 51(1):

New landlord to inform guarantors of change

51(1.1)     When the landlord of a residential complex changes, the new landlord shall, on assuming possession of the residential complex, give any guarantors a notice in writing setting out the new landlord's legal name, telephone number and address, and any other contact information for giving notices or other documents.

36(3)       Subsection 51(2) is amended

(a) in the section heading and in clause (a), by striking out "security";

(b) in the part before clause (a) of the English version, by striking out "a security deposit or deposits" and substituting "any deposits"; and

(c) by replacing clause (b) with the following:

(b) provide the new landlord with a statement in writing about each deposit, that includes

(i) the name of the tenant who gave it and the date it was given,

(ii) the number of the rental unit and the name and address of the residential complex in respect of which it was given,

(iii) what type of deposit it is, and

(iv) the original amount of the deposit and the interest payable with respect to it.

36(4)       Subsection 51(4) is amended

(a) by replacing the section heading with "Person entitled to payment"; and

(b) in the subsection, by adding "and, if applicable, the tenant services charge" after "rent".

36(5)       Subsection 51(5) is amended

(a) in the part before clause (a), by adding "and, if applicable, the tenant services charge" after "rent";

(b) in clause (a), by striking out "the rent is to be paid" and substituting "payment is to be made"; and

(c) in clause (b), by striking out "the rent to the director until the person entitled is determined, at which time the rent shall be paid to that person" and substituting "the rent and, if applicable, the tenant services charge to the director until the person entitled is determined, at which time the money held by the director shall be paid to that person".

37(1)       Subsection 52(1) is replaced with the following:

Consequences of change of landlord

52(1)       Subject to subsections (2), (2.1) and (3), when a landlord or a tenant has contravened obligations under a tenancy agreement or this Act and the landlord has changed,

(a) if the contravention is by a landlord and relates to the period after the change of landlord — whether or not the contravention began before the change of landlord — the new landlord is liable to a tenant for the contravention;

(b) if the contravention is by a landlord and relates to the period before the change of landlord, the former landlord is liable to a tenant for the contravention;

(c) if the contravention is by a tenant and relates to the period after the change of landlord — whether or not the contravention began before the change of landlord — the new landlord is entitled

(i) to enforce against the tenant any obligation of the tenant under the tenancy agreement or this Act, and

(ii) to enforce against a guarantor any obligation of the guarantor under a guarantee agreement; and

(d) if the contravention is by a tenant and relates to the period before the change of landlord, the former landlord is entitled

(i) to enforce against the tenant any obligation of the tenant under the tenancy agreement or this Act, and

(ii) to enforce against a guarantor any obligation of the guarantor under a guarantee agreement.

37(2)       The following is added after subsection 52(2):

Obligation re excess tenant services charge

52(2.1)     A new landlord is liable to a tenant for contravention of an obligation by a former landlord to repay a tenant services charge paid by the tenant

(a) that was not in compliance with Part 9.1; and

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

37(3)       Subsection 52(3) is amended by striking out "security" wherever it occurs.

37(4)       Subsection 52(4) is amended by adding ", (2.1)" after "subsection (2)".

38          The following is added after clause 54(1)(f):

(g) the landlord enters the rental unit to provide tenant services to the tenant in accordance with the tenancy agreement.

39          Section 56 is replaced with the following:

Obligation to make rental unit available

56(1)       Subject to subsection (2), a landlord shall give vacant possession of a rental unit to the tenant on the date the tenancy begins.

Exception

56(2)       Before the date a tenancy begins, if a cheque or other negotiable instrument given to the landlord for

(a) a deposit;

(b) rent; or

(c) a tenant services charge;

is not honoured, the landlord may advise the tenant that the tenancy agreement is terminated and the tenant will not be given vacant possession of the rental unit.

40          Section 57 is amended

(a) in the English version of the section heading, by striking out "rent" and substituting "payment"; and

(b) in the section,

(i) by adding "or a tenant services charge," after "receiving rent", and

(ii) by striking out "pays rent" and substituting "pays it".

41          The following is added after section 59.1:

Obligation re tenant services

59.2(1)     With respect to a tenancy agreement that includes the provision of tenant services, the landlord shall comply with

(a) the terms of the tenancy agreement relating to the provision of tenant services; and

(b) any health, safety or other standards required by law relating to the provision of tenant services.

Compensation for contravention or breach

59.2(2)     If a landlord fails to comply with clause (1)(a) or (b) within

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

(b) the time specified in

(i) an order made under this Act, or

(ii) a final order — as defined in subsection 59(4) of this Act — made under any other Act, regulation or by-law;

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 tenant services charge.

42(1)       Subsection 61(1) is replaced with the following:

Duty not to withhold services and facilities or tenant services

61(1)       A landlord shall not withhold, reduce or interfere with, or threaten to withhold, reduce or interfere with

(a) any services and facilities supplied to a rental unit or residential complex; or

(b) any tenant services provided to a tenant;

that the landlord has expressly or impliedly promised to supply or provide under a tenancy agreement.

42(2)        Subsection 61(2) is amended by adding "or any tenant services" after "facilities".

42(3)       Subsection 61(3) is replaced with the following:

Exceptions

61(3)       Subsections (1) and (2) do not apply to the extent that

(a) any services and facilities or tenant services are reduced or withheld temporarily for the purpose of repair or replacement, on reasonable notice to the tenants;

(b) any services and facilities are reduced or withdrawn in accordance with an order under Part 9 permitting the reduction or withdrawal; or

(c) any tenant services are reduced or withdrawn in accordance with

(i) a notice of the reduction or withdrawal given under Part 9.1, and

(ii) if applicable, an order under Part 9.1 permitting the reduction or withdrawal.

42(4)       Subsection 61(4) is amended

(a) by striking out "If services and facilities" and substituting "If any services and facilities or any tenant services"; and

(b) by adding "or tenant services" at the end.

43          Section 62 is replaced with the following:

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

(a) the enjoyment of the rental unit or residential complex for all usual purposes by a tenant or a member of the tenant's household; or

(b) the enjoyment of tenant services by a tenant or a member of the tenant's household.

44          Section 63 is amended by adding "or a tenant services charge" after "rent".

45           The following is added after section 67:

Representations to landlord re agreements with tenant services

67.1        A landlord shall, in accordance with the regulations, give tenants who have tenancy agreements that include the provision of tenant services an opportunity to make representations to the landlord respecting

(a) the operation of the complex; and

(b) the provision of tenant services.

46(1)       Subsection 68(1) of the English version is amended in the part after clause (c) by striking out "the tenant will vacate the rental unit" and substituting "the increase will cause the tenant to vacate the rental unit".

46(2)       The following is added after subsection 68(1):

Tenant services charge increase with intent to evict

68(1.1)     A landlord shall not increase a tenant services charge with the expectation or intention that the increase will cause the tenant to vacate the rental unit.

46(3)       Subsection 68(2) is replaced with the following:

Presumed intent

68(2)       A landlord is presumed to contravene subsection (1) or (1.1) if

(a) the landlord increases the rent or, if applicable, the tenant services charge 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, and if applicable, a tenant services charge in an amount greater than 90% of the amount demanded of the former tenant.

46(4)       Clause 68(3)(b) is replaced with the following:

(b) the amount being paid by the new tenant for rent and, if applicable, the tenant services charge.

46(5)       Subsection 68(4) is amended by adding "or (1.1)" after "subsection (1)".

46(6)        Subsection 68(5) is amended by adding "and, if applicable, the tenant services charge" after "rent".

47(1)       Subsection 69(1) is amended

(a) in the section heading, by adding "and tenant services charge" after "rent"; and

(b) in the subsection, by adding "and any tenant services charge" after "rent".

47(2)       Subsection 69(2) is amended

(a) in the section heading, by striking out "rent" and substituting "payment"; and

(b) in the subsection, by adding "and any tenant services charge" after "rent".

47(3)       Subsection 69(3) is amended by adding "or a tenant services charge" after "rent".

47(4)       Subsection 69(4) is amended

(a) by replacing the section heading of the French version with "Retard de paiement";

(b) by adding "or a tenant services charge" after "rent"; and

(c) in the French version, by striking out "retard dans le paiement du loyer" and substituting "retard de paiement".

48          Section 72 is replaced with the following:

Obligation to take care and repair damage

72(1)       A tenant

(a) 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 anything relating to a service and facility or a tenant service provided by the landlord; and

(b) subject to subsection (2), shall repair any damage in a good and workmanlike manner, or pay compensation to the landlord, 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

(a) the rental unit;

(b) the residential complex; or

(c) anything relating to a service and facility or a tenant service provided by the landlord.

49          Section 73 is amended by adding "and" at the end of clause (b) and adding the following after clause (b):

(c) the enjoyment of tenant services by another tenant or occupant.

50          Section 78 is amended

(a) in the section heading, by striking out "of premises" and substituting "by tenant"; and

(b) by striking out "or the residential complex" and substituting ", the residential complex or, if applicable, the tenant services".

51          Subsection 82(1) is amended by adding ", and, if applicable, future tenant services charges," after "rent".

52          Section 85 is amended by replacing clause (c) with the following:

(c) if the notice is given by the landlord, specify

(i) the reason for the termination, and

(ii) that the tenant is entitled to dispute the lawful right of the landlord to give notice; and

53          The following is added after subsection 87(2):

Exception — agreement with tenant services

87(2.1)     This section does not apply to a tenancy agreement that includes the provision of tenant services terminated in accordance with section 7.1 (cooling-off period).

54          The following is added after section 87:

Termination — tenant services provided and assignment prohibited

87.1         If a tenancy agreement that includes the provision of tenant services prohibits the tenant from assigning it, the tenant may terminate the tenancy 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.

55          Clause 89(1)(a) is amended by adding the following after subclause (a)(v):

(v.1) subsection 59.2(1) (landlord's obligation re tenant services),

56          Section 92 is amended

(a) in the section heading of the English version, by striking out "rent"; and

(b) in the part before clause (a),

(i) by adding "and any tenant services charge" after "pay the rent", and

(ii) by striking out "the tenant's portion of the rent and other reasonable expenses" and substituting "the tenant's portion of those amounts".

57          Subsection 93(3) is amended by adding "and any tenant services charge" after "the rent".

58          Section 93.1 is replaced with the following:

Termination for reduction or withdrawal of services — fixed term agreement

93.1(1)     In the case of a written tenancy agreement that specifies a date for it to end, if before the expiry date, the landlord,

(a) reduces or withdraws

(i) a service, facility, privilege, accommodation or thing relating to the use or enjoyment of a rental unit, or

(ii) any tenant services; or

(b) gives notice under clause 138(1)(a) or subsection 140.6(1) of an intention to do so;

the tenant may apply to the director for an order terminating the tenancy on a date specified by the director before the expiry date of the tenancy agreement, on the ground that the reduced or withdrawn item is so fundamental to the tenancy that termination is justified.

Tenant's expenses if termination order made

93.1(2)      If the director makes an order under subsection (1) the director may also make an order requiring the landlord to pay the tenant's reasonable expenses for moving to new living accommodation, up to a maximum prescribed amount.

Termination for reduction or withdrawal of tenant services — agreement without fixed term

93.2(1)     In the case of any tenancy agreement that does not specify a date for it to end, if

(a) the landlord reduces or withdraws any tenant services; and

(b) the tenant, in accordance with subsection 87(2), terminates the tenancy agreement because the tenant is of the opinion that the reduced or withdrawn tenant service is so fundamental to the tenancy that the tenant cannot remain in the rental unit;

the tenant may apply to the director for an order determining whether the reduced or withdrawn tenant service was so fundamental to the tenancy that the tenant could not remain in the rental unit.

Tenant's expenses if termination order made

93.2(2)     If the director makes an order under subsection (1), the director may also make an order requiring the landlord to pay the tenant's reasonable expenses for moving to new living accommodation, up to a maximum prescribed amount.

59          Clause 94(2)(a) is amended by adding "or a tenant services charge" after "rent".

60          Section 95 is replaced with the following:

Termination — N.S.F. cheque for certain deposits

95(1)       After the date a tenancy begins, if a cheque or other negotiable instrument given to a landlord for

(a) a security deposit; or

(b) a tenant services security deposit;

is not honoured, the landlord may give the tenant a notice of termination to be effective not earlier than five days after the notice is given.

If deposit paid within five days

95(2)       Within five days after receiving a notice under subsection (1), a tenant may pay

(a) the security deposit; or

(b) the tenant services security deposit;

and any prescribed costs to the landlord in cash or by certified cheque, and in that case the notice of termination is void.

N.S.F. pet damage deposit given after tenancy begins

95(3)       After the date a tenancy begins, if a pet damage deposit given to a landlord in the form of a cheque or other negotiable instrument is not honoured, the landlord may give the tenant notice to remove the pet from the rental unit to be effective not earlier than five days after the notice is given.

If pet damage deposit paid within five days

95(4)       Within five days after receiving a notice under subsection (3), the tenant may pay the pet damage deposit and any prescribed costs to the landlord in cash or by certified cheque, and in that case the notice to remove the pet is void.

If pet damage deposit not paid and pet not removed

95(5)       If the tenant

(a) fails to pay the pet damage deposit and any prescribed costs to the landlord; and

(b) fails to remove the pet from the rental unit;

within five days after receiving a notice under subsection (3), the landlord may give the tenant a notice of termination to be effective not earlier than five days after the notice is given.

Termination for non-payment

95.1(1)     If a tenant fails to pay

(a) the rent; or

(b) a tenant services charge;

within three days after it is due, the landlord may give the tenant a notice terminating the tenancy on the day the payment was due.

Contents of notice

95.1(2)     A notice given by a landlord under subsection (1) must be in the prescribed form and specify

(a) the total amount owed by the tenant, with a breakdown of the amount owing for

(i) rent, and

(ii) if applicable, the tenant services charge;

(b) the date by which the tenant must vacate the rental unit;

(c) that, subject to subsection (3), the tenant may avoid termination of the tenancy by paying the following amounts and any prescribed costs on or before the date specified under clause (b):

(i) the total amount of the rent due as set out in the notice and any additional rent that has become due as of the date the tenant pays,

(ii) the total amount of the tenant services charge due as set out in the notice and any tenant services charges that have become due as of the date the tenant pays, or

(iii) if both the rent and a tenant services charge are due, the total amount due under subclauses (i) and (ii);

(d) that the tenant is entitled to dispute the lawful right of the landlord to give notice.

Acceptance of total amount due acts as a waiver

95.1(3)     The landlord waives the right to terminate the tenancy by accepting late payment of the total amount specified under clause (2)(c) unless, at the time of accepting payment, the landlord confirms in writing that he or she intends to treat the agreement as terminated.

Acceptance of partial payment

95.1(4)     The landlord does not waive the right to terminate the tenancy by accepting partial payment of any of the amounts specified under clause (2)(c), unless at the time of accepting payment, the landlord advises the tenant in writing that the tenant may continue to occupy the rental unit.

Director's authority re late payment

95.1(5)     If before an order of possession is granted the tenant pays the total amount specified under clause (2)(c), the director may order that the notice of termination is void. But the director may do so only if the tenant has not been habitually late in paying without reasonable and justifiable cause.

61(1)       Subsection 98(2) is amended by striking out "A tenancy" and substituting "Subject to the regulations, a tenancy".

61(2)       Subsection 98(5) is amended by striking out "the increased rent" and substituting "any increased rent or tenant services charge, or both,".

62(1)       Subsection 99(2) is amended by striking out "A tenancy" and substituting "Subject to the regulations, a tenancy".

62(2)       Subsection 99(5) is amended by striking out "the increased rent" and substituting "any increased rent or tenant services charge, or both,".

62(3)       Subsection 99(6) is replaced with the following:

Tenant's right of first refusal: renovation

99(6)       Unless subsection (6.1) applies, when a tenant

(a) receives notice of termination for the purpose of renovation under clause (1)(b); and

(b) 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

(c) to rent the unit at the lowest rent; and

(d) if applicable, to pay the lowest tenant services charge;

that would be charged to any other tenant for the same unit.

63          Subsection 105(2) is replaced with the following:

Tenant's right to first refusal

105(2)      When

(a) a tenancy is terminated under subsection (1) because the rental unit or residential complex is uninhabitable; and

(b) the tenant within one 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 unit if the unit becomes habitable;

the tenant shall, if the unit is made habitable within one year of the date the tenancy is terminated, have a right of first refusal

(c) to rent the unit at the lowest rent; and

(d) if applicable, to pay the lowest tenant services charge;

that would be charged to any other tenant for the same unit.

64          Section 114 is replaced with the following:

Tenant's obligation re good state of repair

114(1)      A tenant who provides his or her own mobile home on a site that is a rental unit shall maintain

(a) the exterior of the mobile home; and

(b) any buildings or structures belonging to the tenant that are on the site;

in a good state of repair.

Tenant's obligation to keep site neat and clean

114(2)      The tenant of a mobile home site shall maintain the site in a good state of neatness and cleanliness, regardless of whether it is the landlord or the tenant who provides the mobile home.

65(1)       Subsection 131(1) is amended by striking out everything after "less" and substituting "may, subject to subsection (3), increase the rent for the rental unit to an amount determined by the landlord."

65(2)        Subsection 131(1.1) is replaced by the following:

Rent increase for previously exempt unit

131(1.1)    A landlord who lawfully regains or is about to lawfully regain possession of a rental unit that

(a) previously was exempt under subsection 116(4) from certain provisions of this Part; and

(b) is no longer exempt from those provisions;

may, subject to subsection (3), increase the rent under the first tenancy agreement after the landlord regains possession to an amount determined by the landlord.

65(3)       The following is added after subsection 131(2):

Rent discount for new tenant

131(3)      When a landlord who regains possession of a rental unit referred to in subsection (1) or (1.1) offers a rent discount to the tenant under the first tenancy agreement after regaining possession, the landlord shall calculate the amount of the discount offered to the tenant in accordance with the regulations.

66(1)       Subsection 140(1) is replaced with the following:

Interpretation

140(1)      For the purpose of this section, when a landlord

(a) offers a rent discount under section 131 and the value of the discount is greater than the amount allowed, as calculated in accordance with the regulations; or

(b) reduces or withdraws a service, facility, privilege, accommodation or thing relating to the use or enjoyment of a rental unit, other than in accordance with an order of the director under section 139;

the landlord is deemed to charge rent in excess of the rent permitted by this Act.

66(2)       Subsection 140(2) is amended by striking out "this Part" and substituting "this Act".

66(3)       Subsection 140(3) is amended

(a) in the part before clause (a), by striking out "this Part" and substituting "this Act"; and

(b) in clause (a), by adding "in accordance with any applicable regulations," after "concerned".

67(1)        Subsection 140.1(3) is amended by striking out "and" at the end of clause (c) and adding the following after clause (d):

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

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

67(2)       The following is added after subsection 140.1(4):

Order authorizing set-off or redirection of rent

140.1(5)    If the director makes an order under clause (3)(e), the director may also make an order

(a) authorizing the tenant to recover the amount owing to the tenant under the order by setting off the amount owed against the rent for a specified rental payment period or periods; or

(b) directing that another tenant or specified tenants of the residential complex pay the rent or a specified part of the rent to the director, for payment to the tenant entitled to the reimbursement.

When tenant cannot be located

140.1(6)    If the director makes an order under clause (3)(e) requiring the landlord to reimburse a tenant who cannot be located, the landlord shall pay the amount owing to the director.

Forfeiture to Crown

140.1(7)    The director shall hold money paid to the director under subsection (6) for two years in an account in the Consolidated Fund.  At the end of two years, the money is forfeited to the Crown and shall be paid into the security deposit compensation fund established under subsection 36(1).

68          The following is added after section 140.1:

PART 9.1

TENANT SERVICES CHARGES

NOTICE TO NEW TENANTS

Notice to new tenants

140.2       With respect to a tenancy agreement that

(a) is made on or after the day this section comes into force; and

(b) includes the provision of tenant services;

the landlord shall, when the tenancy is first entered into, give the tenant a notice, in the prescribed form, setting out

(c) the current tenant services charge and the effective date of the charge;

(d) the date on which the tenant services charge was last increased;

(e) if the current tenant services charge is to be increased within three months after the commencement of the tenancy, the effective date and amount of the increased charge; and

(f) any other prescribed information.

NOTICE OF INCREASE

Three months' notice of increase in charge

140.3(1)    A landlord shall not increase a tenant services charge without giving the tenant a written notice of the intended increase that meets the requirements of subsection (4), at least three months before the effective date of the increase.

No limit on amount of increase

140.3(2)    A landlord who gives notice in accordance with this section may increase a tenant services charge by an amount determined by the landlord.

Notice to new tenant

140.3(3)    Subsection (1) does not apply to a tenant services charge increase that is intended to take effect when, or within three months after, a new tenant first occupies a rental unit under a new tenancy agreement that includes the provision of tenant services, if notice of the increase is given in accordance with section 140.2.

Contents of notice

140.3(4)    A notice of a tenant services charge increase must be in the prescribed form and set out

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

(b) the amount of the intended increase;

(c) the effective date of the intended increase;

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

(e) any other prescribed information.

Increase void if no notice

140.4       Subject to section 140.8, an increase in a tenant services charge is void if the landlord does not give the notice required under section 140.2 or 140.3.

INTERVAL BETWEEN INCREASES

Twelve months between increases

140.5(1)    A tenant services charge shall not be increased

(a) earlier than 12 months after a tenancy agreement that includes the provision of tenant services is first entered into, unless the tenant was given notice of the increase in accordance with clause 140.2(e); or

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

Increase to be equal in each period

140.5(2)     A tenant services charge increase shall be applied equally in each rental payment period.

REDUCTION OR WITHDRAWAL OF TENANT SERVICES

Notice to tenants

140.6(1)    A landlord shall not reduce or withdraw any tenant services without giving each tenant affected by the reduction or withdrawal a notice in the prescribed form.

Length of notice

140.6(2)    A notice to reduce or withdraw any tenant services shall be not less than the prescribed period before the effective date of the reduction or withdrawal.

Application re tenant services reduction — fixed term

140.6(3)    In the case of a tenancy agreement that specifies a date for it to end, if the landlord intends to reduce or withdraw any tenant services before the expiry date, the landlord shall apply to the director, in the prescribed form, not later than 14 days after the beginning of the notice period referred to in subsection (2) for an order fixing the value of the reduction or withdrawal for the balance of the term of the tenancy agreement.

Application if reduction beyond landlord's control

140.6(4)    Despite subsection (3), when a reduction or withdrawal is beyond the control of the landlord, the director may permit an application to be made under subsection (3) at any time.

Notice by director

140.6(5)    On receiving an application under subsection (3), the director shall give notice to the affected tenants of their right to make a written submission to the director respecting the landlord's application, but no proceeding is invalid because a notice is not given to each affected tenant.

Submission by tenant

140.6(6)    A tenant may, not later than 14 days after the director sends a notice to the tenant under subsection (5), file a written submission with the director stating the tenant's position with respect to the landlord's application.

Order respecting reduction

140.6(7)    After considering the application under subsection (3) and any submission from a tenant, the director may make an order

(a) fixing the value of the tenant services reduced or withdrawn to the affected tenants for the balance of the term of the tenancy agreements;

(b) directing that the tenant services charge payable by the tenants be reduced by that value for the balance of the term of the tenancy agreements; and

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

ORDER RE TENANT SERVICES CHARGE

Inquiry by director

140.7(1)    The director may, on the director's own initiative or on the application of a tenant, inquire into the matter if the director has reason to believe that a landlord has

(a) increased a tenant services charge without giving a tenant a notice in accordance with section 140.2 or 140.3;

(b) increased a tenant services charge other than as allowed under section 140.5;

(c) reduced or withdrawn any tenant services without giving a tenant a notice in accordance with subsections 140.6(1) and (2); or

(d) reduced or withdrawn any tenant services before the end of a tenancy agreement if the agreement specifies a date for it to end, other than in accordance with an order of the director under subsection 140.6(7).

Order

140.7(2)    If after completing an inquiry, the director is satisfied that the landlord has contravened a provision referred to in subsection (1), the director may make an order

(a) determining the tenant services charge payable from time to time by the tenant under the tenancy agreement, and the date the charge became effective;

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

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

Order authorizing set-off or redirection of tenant services charge

140.7(3)    If the director makes an order under clause (2)(b), the director may also make an order

(a) authorizing the tenant to recover the amount owing to the tenant under the order by setting off the amount owed against the amount payable for tenant services, for a specified rental payment period or periods; or

(b) directing that another tenant or specified tenants of the residential complex pay the tenant services charge or a specified part of the tenant services charge to the director, for payment to the tenant entitled to the reimbursement.

When tenant cannot be located

140.7(4)    If the director makes an order under clause (2)(b) requiring the landlord to reimburse a tenant who cannot be located, the landlord shall pay the amount owing to the director.

Forfeiture to Crown

140.7(5)    The director shall hold money paid to the director under subsection (4) for two years in an account in the Consolidated Fund.  At the end of two years, the money is forfeited to the Crown and shall be paid into the security deposit compensation fund established under subsection 36(1).

Order where incomplete notice given

140.8(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 contravened a provision of this Part because the landlord, in giving notice of a tenant services charge increase, failed to comply with all the requirements for the notice as set out in section 140.2 or 140.3; 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 amount of the tenant services charge for any 12-month period to which the order applies;

(d) requiring the landlord to reimburse the tenants for any tenant services charge owing to the tenants; and

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

Order authorizing set-off or redirection

140.8(2)    If the director makes an order under clause (1)(d), the director may also make

(a) an order referred to in clause 140.7(3)(a); or

(b) an order referred to in clause 140.7(3)(b), in which case subsections 140.7(4) and (5) apply to that order, with necessary changes.

69(1)       The following is added after subsection 146(3):

Term of deputy chief commissioner

146(3.1)    A deputy chief commissioner shall be appointed for a term of not more than four years and shall hold office thereafter until re-appointed or replaced.

69(2)       The following is added after subsection 146(8):

Deputy chief commissioner — transitional

146(9)      A person who is a deputy chief commissioner when subsection (3.1) comes into force

(a) continues to hold office until his or her term expires; and

(b) may be re-appointed in accordance with subsection (3.1).

70          Section 147 is replaced with the following:

Who may hear matters

147(1)      Subject to subsection (2), a matter may be heard by

(a) the chief commissioner sitting as a single commissioner;

(b) a deputy chief commissioner sitting as a single commissioner; or

(c) a panel of three commissioners, one from each class of persons appointed under subsection 145(2);

as determined by the chief commissioner.

Single commissioner limited to certain matters

147(2)      Only the following matters may be heard by the chief commissioner or a deputy chief commissioner, when sitting as a single commissioner:

(a) an appeal from an order made under section 154 determining a claim made by a landlord against a deposit and interest where the amount claimed is equal to or less than the amount of the deposit;

(b) an appeal from an order made under section 154 ordering the return of a deposit and interest to a tenant where the landlord did not make a claim against the money in accordance with subsection 32(4) or 34(2);

(c) an appeal from an order made under subsection 122(1) (setting maximum rent increase);

(d) an appeal from an order of possession granted under paragraph 9 of subsection 154(1) for non-payment of

(i) rent,

(ii) a tenant services charge, or

(iii) mobile home property taxes or licence fees referred to in subsection 1(1.4);

(e) an appeal from an order made under paragraph 3 of subsection 154(2) (directing the payment of money to the director);

(f) a request to extend the time to file a notice of appeal under

(i) subsection 161(2),

(ii) subsection 161(2.1),

(iii) subsection 161(2.2), or

(iv) subsection 193.2(1);

(g) a request to correct or amend an order or decision of the commission under section 171.01;

(h) any other prescribed matter.

Assigning commissioners

147(3)      The chief commissioner is responsible for assigning commissioners to hear matters.  When establishing a panel of commissioners, the chief commissioner shall

(a) establish the panel in accordance with clause (1)(c); and

(b) designate the neutral commissioner as the chairperson of the panel.

All commissioners on panel to be present

147(4)      A hearing by a panel must not proceed unless all the commissioners assigned to hear it are present at the same location.

Decision of single commissioner

147(5)      The decision of the chief commissioner or a deputy chief commissioner, as the case may be, with respect to a matter referred to in subsection (2), is the decision of the commission.

Decision of a panel

147(6)      For an appeal heard by a panel, the decision of the majority of the commissioners on the panel is the decision of the commission.  If there is not a majority decision, the decision of the chairperson of the panel is the decision of the commission.

71          The centred heading before section 152 is amended by adding "AND TENANT SERVICES CHARGES" at the end.

72(1)       The section heading for subsection 152(1) is amended by adding "and tenant services charges" at the end.

72(2)       Subsection 152(1) is amended

(a) 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) a question or matter arising under this Act respecting a guarantee agreement.

(b) in the French version, by striking out "cette question" and substituting "la question visée".

72(3)       Subsection 152(2) is amended by adding "or guarantee agreement," after "agreement".

73          Subsection 153(3) is amended by adding "and section 153.1" after "subsection (6)".

74          The following is added after section 153:

Declining to determine complex guarantee agreement

153.1(1)    If the question or matter referred to in section 152 arises from a guarantee agreement and in the director's opinion the question or matter is complex, the director may make a decision declining to determine it.

Court proceedings

153.1(2)    When the director makes a decision declining to determine a question or matter under subsection (1), the landlord or guarantor may apply to the court for a determination of the matter, in which case that person retains all rights and remedies available at common law and in equity that are relevant to the guarantee agreement.

Director's decision final

153.1(3)    A decision of the director under subsection (1) is final and not subject to appeal.

75(1)       Paragraph 11 of subsection 154(1) is amended by striking out "security deposits" and substituting "any deposits".

75(2)       The following is added after subsection 154(1):

Orders by director — guarantee agreements

154(1.1)    With respect to a guarantee agreement made on or after the coming into force of this subsection, if, after proceeding in accordance with subsection 152(2) or section 153, the director is of the opinion that

(a) the contents of the guarantee agreement meet the requirements of section 28.2; and

(b) the landlord has complied with the landlord's obligations under Part 2.1 and subsection 51(1.1) and the guarantee agreement, or any non-compliance by the landlord has not placed the guarantor at a significant disadvantage;

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

1.

Requiring the guarantor to compensate the landlord for any loss suffered or expense incurred that the director determines is payable by the guarantor under the guarantee agreement as a result of the tenant's breach of the tenancy agreement or contravention of a provision of Parts 1 to 8.

2.

Requiring the guarantor, unless the guarantee agreement provides otherwise,

(a) to pay to the landlord reasonable costs, as determined in accordance with a regulation made by the minister;

(b) to pay interest, as determined in accordance with a regulation made by the minister, to the landlord on the compensation payable under paragraph 1; and

(c) to compensate the landlord for the landlord's reasonable costs incurred in obtaining a writ of possession under subsection 157(2) and enforcing it, as determined in accordance with a regulation made by the minister.

Orders by director — existing guarantee agreements

154(1.2)    With respect to a guarantee agreement made before the coming into force of this subsection, if, after proceeding in accordance with subsection 152(2) or section 153, the director is of the opinion that

(a) the landlord has complied with subsection 28.5(2);

(b) the contents of the guarantee agreement are in substantial compliance with the requirements of section 28.2; and

(c) the landlord has complied with the landlord's obligations under the applicable provisions of Part 2.1 and subsection 51(1.1) and the guarantee agreement, or any non-compliance has not placed the guarantor at a significant disadvantage;

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

1.

Requiring the guarantor to compensate the landlord for any loss suffered or expense incurred that the director determines is payable by the guarantor under the guarantee agreement as a result of the tenant's breach of the tenancy agreement or a contravention of a provision of Parts 1 to 8.

2.

Requiring the guarantor, unless the guarantee agreement provides otherwise,

(a) to pay to the landlord reasonable costs, as determined in accordance with a regulation made by the minister;

(b) to pay interest, as determined in accordance with a regulation made by the minister, to the landlord on the compensation payable under paragraph 1; and

(c) to compensate the landlord for the landlord's reasonable costs incurred in obtaining a writ of possession under subsection 157(2) and enforcing it, as determined in accordance with a regulation made by the minister.

75(3)       Subsection 154(2) is amended

(a) in the section heading of the English version, by striking out "of rent";

(b) in paragraph 3, by striking out "or a specified part of the rent" and substituting ", any tenant services charges, or a specified part of either," after "pay the rent"; and

(c) in subparagraph 4(b), by striking out "that rent or a specified part of rent" and substituting "that the rent, any tenant services charges, or a specified part of either,".

76          Subsection 156(1) is amended by adding "and any tenant services charges" after "rents".

77          The centred heading before section 158 is amended by adding "AND TENANT SERVICES CHARGES" at the end.

78(1)       Subsection 158(1) is amended

(a) in the section heading, by adding "and tenant services charges" at the end; and

(b) in the subsection, by adding "or 9.1" after "Part 9".

78(2)       Subsection 158(2) is amended by adding "or 140.7" after "section 140".

79(1)       Subsection 159(1) is amended

(a) by adding "or 9.1" after "Part 9"; and

(b) in the English version, by striking out "of that Part".

79(2)       Subsections 159(2) and (3) are amended by adding "or 9.1" after "Part 9".

80          Section 160 is amended by adding "or 9.1" after "Part 9".

81          The following is added after section 160:

CORRECTING DECISIONS OR ORDERS

Correcting decisions or orders

160.1(1)    With respect to a decision or order made by the director under this Act, the director may

(a) in accordance with this section;

(b) before an appeal is filed; and

(c) with or without a hearing;

make a decision to do one or more of the following:

(d) correct a typographical, grammatical or arithmetic error or a similar error in a decision or order;

(e) amend a decision or order to deal with a matter in dispute that was presented for determination but omitted from the decision or order;

(f) amend a decision or order to correct an injustice caused by an oversight by the director;

(g) not correct or amend a decision or order.

Director's initiative or on request

160.1(2)    The director may make a decision under subsection (1)

(a) on the director's own initiative; or

(b) at the request of a person directly affected by the decision or order, made on a form approved by the director.

Making a request

160.1(3)    If a person makes a request under clause (2)(b), the request

(a) must be made within the time period for filing an appeal from the decision or order that is to be corrected or amended; and

(b) may be made without notice to any person directly affected by the decision or order, unless the director orders otherwise.

Stay of order or decision

160.1(4)    The director may, on his or her own initiative, or at the request of a person directly affected by the decision or order that is to be corrected or amended, and without notice to anyone,

(a) stay the decision or order that is to be corrected or amended; or

(b) revoke a stay of that decision or order.

Consequential amendments to other provisions

160.1(5)    If a decision or order is corrected or amended under subsection (1), the director may also amend or update other provisions of the decision or order as necessary.

Director's considerations

160.1(6)    The director must not make a decision under this section unless the director considers it just and reasonable to do so.

No appeal

160.1(7)    A decision made by the director under this section is final and not subject to an appeal.

82(1)       Subsection 161(1) is amended by adding "or any other Act" after "this Act".

82(2)       Subsection 161(2) is amended

(a) by striking out "subsection (2.1)" and substituting "subsection (2.1) or (2.2)"; and

(b) by adding "or a deputy chief commissioner" after "chief commissioner".

82(3)       Subsection 161(2.1) is amended by adding "or a deputy chief commissioner" after "chief commissioner".

82(4)       The following is added after subsection 161(2.1):

Time for appeal of corrected or amended decision or order

161(2.2)    If a decision or order of the director has been corrected or amended under section 160.1, an appeal of the decision or order, as corrected or amended, shall be commenced by filing a notice of appeal,

(a) if the corrected or amended decision or order relates to a matter referred to in subsection (2), within 14 days after the person receives a copy of the director's decision under section 160.1; or

(b) if the corrected or amended decision or order relates to a matter referred to in subsection (2.1), within seven days after the person receives a copy of the director's decision under section 160.1;

or within such further time as the chief commissioner or a deputy chief commissioner permits.

82(5)       Subsection 161(3) is amended

(a) by replacing the section heading with "Notice re Parts 1 to 8 and other matters";

(b) by adding "or 140.7" after "section 140"; and

(c) by striking out "or a tenancy agreement" and substituting ", a tenancy agreement or guarantee agreement".

82(6)       Subsection 161(4) is amended

(a) by replacing the section heading with "Notice re Part 9 or 9.1 matters"; and

(b) by striking out "Part 9, other than under section 140" and substituting "Part 9 (Rent Regulation), other than under section 140, or under Part 9.1 (Tenant Services Charges), other than under section 140.7".

83          Subsection 170(2) is amended by striking out "rent" wherever it occurs and substituting "money".

84          Subsection 171(2) is amended by striking out "or a tenancy agreement" and substituting ", a tenancy agreement or guarantee agreement".

85          The following is added after section 171:

Correcting or amending commission's decision or order

171.01      The chief commissioner may correct or amend a decision or order of the commission.  Section 160.1 applies, with necessary changes, to correcting or amending the decision or order.

86          Section 171.1 is amended by striking out everything after "the director" and substituting "may — without further investigation or mediation — make an order respecting a set-off or redirection of

(a) rent; or

(b) any tenant services charges.

87          Subsection 175(3) is replaced with the following:

Application for leave to appeal

175(3)      An application for leave to appeal shall be made

(a) if section 171.01 applies, within 14 days after the person receives a copy of the commission's corrected or amended decision or order; or

(b) in any other case, 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 permits.

88           Section 178.1 is amended by striking out everything after "the director" and substituting "may — without further investigation or mediation — make an order respecting a set-off or redirection of

(a) rent; or

(b) any tenant services charges.

89          Section 179 is replaced with the following:

No appeal in certain matters

179         No appeal lies from a decision or order of the commission made in a matter arising under Part 9 (Rent Regulation) or Part 9.1 (Tenant Services Charges).

90          The centred heading before section 179.1 is amended by adding "OR TENANT SERVICES CHARGES" after "RENTS".

91(1)       Subsection 179.1(1) is replaced with the following:

Administration fee for redirection order

179.1(1)    When the director makes an order directing that a tenant's

(a) rent; or

(b) tenant services charge;

be paid to the director, the director may also require the landlord to pay the prescribed administration fee.

91(2)       Subsection 179.1(2) is amended

(a) in the section heading, by striking out "rents" and substituting "money"; and

(b) by replacing the part before clause (a) with the following:

179.1(2)  When the director receives money from a tenant in accordance with an order of the director, the director may pay the money

92          Subsection 182(2) is amended

(a) in clause (b),

(i) by adding ", tenant services charges" after "any rent", and

(ii) by adding ", tenant services charges" after "assignment of the rent";

(b) in clause (c), by adding ", tenant services charges" after "rent"; and

(c) in clause (d), by striking out "security".

93(1)       Subsection 183(1) is amended in the part before clause (a) by striking out "and other money" and substituting ", tenant services charges and other money".

93(2)       Clause 183(1.2)(b) is amended by adding ", tenant services charges" after "rent".

93(3)       Clause 183(1.2)(e) is amended by striking out "security deposits" and substituting "deposits".

94          Section 183.2 is amended

(a) in the section heading, by striking out "of rent"; and

(b) in the section, by striking out "the rent or a specified part of the rent" and substituting "the rent, any tenant services charges, or a specified part of either,".

95          The following is added after subsection 184(2):

Notice re guarantee agreement

184(2.1)    Despite subsection (1), a notice or other document given by a landlord or guarantor with respect to a guarantee agreement — other than a notice under section 28.6 or 28.7 — must, subject to any regulations, be given in the manner specified in the guarantee agreement.

96          The following is added after section 193:

PART 12.1

ADMINISTRATIVE PENALTIES

Administrative penalty issued

193.1(1)    The director may issue a notice of administrative penalty in writing requiring a person to pay an administrative penalty in the amount set out in the regulations, if, in the director's opinion, the person has failed to comply with an order made under section 154 with respect to one of the following provisions, or has contravened one of the following provisions:

(a) subsection 53(2) (change of rental unit lock or door);

(b) section 54 (landlord's right to enter rental unit);

(c) subsection 60(1) (duty not to withhold vital services);

(d) section 61 (duty not to withhold services);

(e) section 63 (no seizure of tenant's property);

(f) section 74 (impairment of safety by tenant);

(g) any other prescribed provision of this Act or The Life Leases Act.

Maximum amount

193.1(2)    An administrative penalty may not exceed $5,000.

Contents of notice

193.1(3)    The notice of administrative penalty must set out

(a) the order of the director that the person has failed to comply with, or the provision of this Act or The Life Leases Act that the person has contravened;

(b) the amount of the administrative penalty, determined in accordance with the regulations;

(c) when and how the penalty must be paid; and

(d) a statement that the person may appeal the matter to the commission under subsection 193.2(1).

Giving notice

193.1(4)    Section 184 applies to giving a notice of administrative penalty to a person required to pay a penalty.

Appeal to the commission

193.2(1)    A person required to pay an administrative penalty may appeal the matter to the commission by filing a notice of appeal within 14 days after the person receives the notice of administrative penalty, or within such further time as the chief commissioner or a deputy chief commissioner permits.

Administrative penalty stayed

193.2(2)    If a notice of appeal is filed, the requirement to pay the administrative penalty is stayed until the commission decides the matter.

Copy of notice of appeal to director

193.2(3)    The commission must give a copy of the notice of appeal to the director.

Information to be forwarded

193.2(4)    The director must, without delay, forward to the commission any records and information that the commission requests in respect of the appeal.

Procedure re hearing

193.2(5)    Sections 165 to 169 and section 172 apply, with necessary changes, to an appeal to the commission filed under subsection (1).

Notice of determination by commission

193.2(6)    After holding a hearing, the commission must do the following:

(a) determine whether the person failed to comply with an order made under a provision referred to in subsection 193.1(1), or contravened a provision referred to in that subsection;

(b) either

(i) confirm or revoke the administrative penalty, or

(ii) vary the amount of the penalty if the commission believes that it was not determined in accordance with the regulations; and

(c) issue a notice of determination with respect to the matter.

Notice of determination to party and director

193.2(7)    As soon as reasonably practicable, the commission shall give a copy of its notice of determination to the party who appealed the administrative penalty and to the director.

Applicable provisions

193.2(8)    Subsections 171(1), (3) and (4) apply, with necessary changes, to a notice of determination of the commission.

No appeal to Court of Appeal

193.2(9)    No appeal lies from a notice of determination of the commission made under subsection (6) to the Court of Appeal.

Payment of penalty

193.3       A person required to pay an administrative penalty must pay the penalty, in the manner set out in the notice of administrative penalty,

(a) within 30 days after receiving the notice from the director; or

(b) if the person files a notice of appeal with the commission, within 30 days after the person receives a copy of the commission's notice of determination.

Debt due to government

193.4(1)    The amount of the administrative penalty is a debt due to the government, if the penalty is not paid as required under section 193.3.

Enforcement of penalty

193.4(2)         The director may enforce payment of an administrative penalty. To enforce payment of a penalty by a landlord, the director may make an order directing that a tenant or specified tenants of a residential complex pay to the director

(a) the rent or a specified part of the rent; and

(b) any tenant services charges or a specified part of the charge.

Certificate registered in court

193.4(3)    The director may certify a debt referred to in subsection (1), or any part of such a debt, that has not been paid. The certificate may be registered in court and, once registered, may be enforced as if it were a judgment of the court.

Penalty deposited into compensation fund

193.5       Any money paid as an administrative penalty shall be paid into the security deposit compensation fund established under subsection 36(1).

No offence to be charged if penalty paid

193.6       A person who pays an administrative penalty for

(a) failing to comply with an order made under a provision referred to in subsection 193.1(1); or

(b) contravening a provision referred to in that subsection;

may not be charged with an offence respecting that failure or contravention unless it continues after the penalty is paid.

Administrative penalty public

193.7       A notice requiring a person to pay an administrative penalty is to be made available to the public.

97(1)       The following is added after clause 194(b):

(b.1) respecting guarantee agreements, including

(i) prescribing the form of a guarantee agreement,

(ii) prescribing any terms, conditions or information required for the purposes of clause 28.2(m),

(iii) respecting information to be provided by a landlord to a guarantor, and

(iv) respecting the manner of giving notices or other documents under the agreement or this Act;

(b.2) respecting transitional or saving provisions required as a result of the coming into force of Part 2.1;

97(2)        Clause 194(c) is amended by striking out "security".

97(3)       The following is added after clause 194(d):

(d.1) respecting giving tenants who have tenancy agreements that include the provision of tenant services an opportunity to make representations to the landlord for the purpose of section 67.1;

97(4)       The following is added after clause 194(i.2):

(i.3) respecting the calculation of the amount of a rent discount for the purpose of section 131 and, if a rent discount is given, respecting the determination of the maximum rent chargeable from time to time for the rental unit under clause 140(3)(a);

97(5)       The following is added after clause 194(j):

(j.1) respecting tenant services, including

(i) the manner of providing tenant services, and

(ii) the terms and conditions under which tenant services are provided;

(j.2) respecting transitional provisions required as a result of the coming into force of Part 9.1;

(j.3) respecting administrative penalties, including regulations

(i) prescribing provisions of this Act or The Life Leases Act for which a notice of administrative penalty may be issued,

(ii) respecting the determination of amounts of administrative penalties, which may vary according to

(A) the nature or frequency of a person's failure to comply with an order or the nature or frequency of a contravention, and

(B) whether the person is an individual or a corporation;

(j.4) increasing the period of notice required for a notice of termination under subsection 98(1) or 99(1), and specifying circumstances in which the increased period of notice applies;

97(6)       Section 194 is further amended by renumbering it as subsection 194(1) and adding the following as subsection 194(2):

Regulations may apply differently

194(2)      A regulation under clause (1)(j.4) may apply differently to

(a) different types of tenancies, residential complexes or rental units;

(b) different geographical areas; or

(c) different types of circumstances in which the notices of termination are given.

98(1)       Clause 194.1(a) is amended by striking out "security".

98(2)       Clause 194.1(a.1) is replaced with the following:

(a.1) respecting costs to be paid under an order made under

(i) clause (b) of paragraph 5 of subsection 154(1),

(ii) clause (c) of paragraph 2 of subsection 154(1.1), and

(iii) clause (c) of paragraph 2 of subsection 154(1.2);

98(3)       Clause 194.1(b) is replaced with the following:

(b) respecting interest for the purpose of

(i) clause (c) of paragraph 5 of subsection 154(1),

(ii) clause (b) of paragraph 2 of subsection 154(1.1), and

(iii) clause (b) of paragraph 2 of subsection 154(1.2).

99          The section heading for subsection 195(4) is amended by striking out "security".

100         The following provisions are repealed:

(a) section 196;

(b) subsections 197(1), (1.1), (3) and (4).

Consequential amendment, C.C.S.M. c. L130

101(1)      The Life Leases Act is amended by this section.

101(2)      Section 1 is amended by striking out "security"

(a) in the definition "entrance fee" in subsection 1(1); and

(b) in subsection 1(3).

Coming into force — proclamation

102(1)      Subject to subsection (2), this Act comes into force on a day to be fixed by proclamation.

Coming into force — royal assent

102(2)      The following provisions come into force on the day this Act receives royal assent:

(a) subsection 46(1);

(b) sections 64 and 69;

(c) section 70, insofar as it replaces the following:

(i) subsection 147(1),

(ii) clause 147(2)(c),

(iii) subclauses 147(2)(d)(i) and (iii),

(iv) subclauses 147(2)(f)(i) to (iii),

(v) clauses 147(2)(g) and (h),

(vi) subsections 147(3) to (6);

(d) section 81;

(e) subsections 82(1) to (4);

(f) sections 85, 87 and 100.