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The Residential Tenancies Amendment Act

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S.M. 2013, c. 13

Bill 40, 2nd Session, 40th Legislature

The Residential Tenancies Amendment Act

(Assented to September 13, 2013)

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 29.1(1) is replaced with the following:

Pet damage deposit

29.1(1)     A landlord who gives a tenant permission to have a pet in a rental unit on or after June 30, 2010, may require a tenant to pay a pet damage deposit.

2(2)        Subsection 29.1(2) is amended

(a) by replacing the section heading with "No pet damage deposit before June 30, 2010"; and

(b) by striking out ", before the day this section comes into force," and substituting "before June 30, 2010,".

2(3)        The following is added after subsection 29.1(2):

Transitional — deposit not more than 1/2 of one month's rent

29.1(2.1)   If, during the period from June 30, 2010, to the day immediately before this subsection comes into force, a landlord required a tenant to pay a pet damage deposit, the deposit must not be more than the equivalent of 1/2 of one month's rent payable under the tenancy agreement.

2(4)        Subsection 29.1(3) is amended

(a) by replacing the section heading with "Exception — service animals"; and

(b) by striking out "a dog guide or another animal assistant, as referred to in The Human Rights Code," and substituting "a service animal as defined in The Human Rights Code".

2(5)        Subsection 29.1(4) is amended by replacing paragraph 1 with the following:

1.

The pet damage deposit must not be more than the equivalent of one month's rent payable under the tenancy agreement. The landlord must not require a tenant who previously paid a pet damage deposit to increase the amount of the pet damage deposit that was paid.

3           Section 62 is amended by renumbering it as subsection 62(1) and adding the following:

Presumed intent

62(2)       A landlord is presumed to contravene subsection (1) if

(a) the landlord is renovating a rental unit or the residential complex; and

(b) the renovations are carried out in an unreasonable manner

(i) that interferes with the enjoyment of the rental unit or residential complex for all usual purposes by the tenant or a member of the tenant's household, and

(ii) that causes the tenant to vacate the rental unit.

Landlord's liability

62(3)       If a landlord contravenes subsection (1), in the circumstances set out in subsection (2), the director may make an order requiring the landlord

(a) to pay the tenant's reasonable moving expenses, as determined by the director, to new living accommodation, up to a maximum prescribed amount; and

(b) to compensate the tenant for the tenant's reasonable additional expenses, as determined by the director, which may include the greater of

(i) one month's rent, and, if applicable, one month's tenant services charge for the rental unit, and

(ii) the increase in rent, and, if applicable, the increase in the tenant services charge that the tenant is or may be obliged to pay because of the termination, for up to 12 months.

4           The following is added after section 74:

Unlawful activity by tenant

74.1        A tenant or a person the tenant permits in the residential complex must not engage in an unlawful activity in a rental unit or the residential complex that

(a) causes damage to a rental unit or the residential complex;

(b) interferes with the enjoyment of a rental unit or the residential complex by another tenant or occupant of the residential complex, the landlord or a person permitted in the residential complex by any of those persons; or

(c) adversely affects the security, safety, health or well-being of another tenant or occupant of the residential complex, the landlord or a person permitted in the residential complex by any of those persons.

5           Subclause 89(1)(a)(ix) is amended by striking out "section 62" and substituting "subsection 62(1)".

6(1)        Clause 96(1)(a) is amended by adding the following after subclause (vii):

(vii.1) section 74.1 (unlawful activity by tenant),

6(2)        Clause 96(3)(a) is amended by striking out "or" at the end of subclause (i), adding "or" at the end of subclause (ii) and adding the following after subclause (ii):

(iii) section 74.1 (unlawful activity by tenant),

6(3)        The following is added after subsection 96(4):

Conviction for unlawful activity not required

96(5)       A landlord may give a tenant a notice of termination under subclause (1)(a)(vii.1) or (3)(a)(iii) whether or not the tenant or other person the tenant permits in the residential complex has been convicted of an offence relating to the unlawful activity.

7           Subsection 145(1) is amended by adding ", including applications requesting leave of the commission to hear certain appeals" after "this Act".

8           Subsection 147(2) is amended by adding the following after clause (e):

(e.1) an application for leave of the commission to appeal an order referred to in subsection 160.2(1) or to extend the time to file an application for leave to appeal under subsection 160.2(5);

9           The following is added after section 149:

No disqualification

149.1       A commissioner who hears a matter referred to in clause 147(2)(e.1), (f) or (g) is not disqualified from hearing an appeal with respect to the matter.

10          The following is added after subsection 154(1):

Order of possession for unlawful activity

154(1.0.1)  The director may grant an order of possession to a landlord for a contravention of section 74.1 whether or not the tenant or other person the tenant permits in the residential complex has been convicted of an offence relating to the unlawful activity.

11          The following is added after section 160.1:

LEAVE TO APPEAL REQUIRED FOR CERTAIN APPEALS

Leave to appeal required for certain director's orders

160.2(1)    A person who did not attend or otherwise participate in the hearing before the director may not appeal

(a) an order under paragraph 9 of subsection 154(1) granting an order of possession to a landlord for the termination of the tenancy for non-payment of rent or a tenant services charge, whether or not the order also relates to the termination of the tenancy for other causes under the Act; or

(b) any other prescribed order;

unless the commission, on application, grants the person leave to appeal the order.

Grounds for leave to appeal

160.2(2)    A person who did not attend or otherwise participate in the hearing before the director may apply to the commission for leave to appeal an order referred to in subsection (1) only if

(a) the person was not reasonably able to attend or otherwise participate in the hearing before the director; or

(b) the director's order was based on information that was false or misleading, or that misrepresented or failed to disclose a material fact.

Form and content of leave application

160.2(3)    An application for leave to appeal an order referred to in subsection (1)

(a) must be made in the form and in the manner approved by the commission;

(b) must be accompanied by full particulars of the ground for appeal and the evidence on which the applicant is relying, sworn by the person to be true; and

(c) may be made without notice to any person directly affected by the order.

Notice of appeal filed with leave application

160.2(4)    A person who applies to the commission for leave to appeal must file the notice of appeal with respect to the matter for which leave is requested at the same time the application for leave to appeal is filed, and pay the applicable filing fee.

Time for filing leave application and notice of appeal

160.2(5)    A person must file the application for leave to appeal together with the notice of appeal within seven days, or any further prescribed period, after the person receives

(a) a copy of the director's order to be appealed; or

(b) a copy of the corrected director's order, if the order is corrected or amended under section 160.1;

or within such further time as the commission permits.

Time for making decision

160.2(6)    The commission must make a decision with respect to the application for leave to appeal as soon as reasonably practicable after the application is filed with the commission.

Order of director stayed

160.2(7)    An application for leave to appeal an order of the director stays the order until a decision with respect to the application is made.

Notice to director

160.2(8)    The commission shall give a copy of the application for leave to appeal to the director.

Information to be forwarded

160.2(9)    The director shall, without delay, forward to the commission any records and information that the commission requests with respect to an application for leave to appeal.

Parties to leave application

160.2(10)   The parties to an application for leave to appeal are the person seeking leave to appeal the order and any person added as a party by the commission.

Procedure re consideration of leave application

160.2(11)   The commission shall determine its own practice and procedure with respect to a leave to appeal application.

Applicable provisions

160.2(12)   The following provisions apply, with necessary changes, when the commission considers an application for leave to appeal:

(a) subsections 165(4) to (7);

(b) sections 166 to 168;

(c) subsections 169(1) to (3) and 171(1), (3) and (4);

(d) section 171.01.

Order re leave application

160.2(13)   After considering the matter, the commission may

(a) make an order granting the person leave to appeal the director's order to the commission, in which case the person may proceed with the appeal; or

(b) make an order denying the person's application for leave to appeal, in which case

(i) the stay of the director's order made under subsection (7) is revoked, and

(ii) the person's notice of appeal that was filed with the commission is deemed to be discontinued.

Order given to parties

160.2(14)   The commission shall, as soon as reasonably practicable, give a copy of the order to the parties.

Notice if leave granted

160.2(15)   If leave to appeal is granted, the applicant must give a copy of the commission's order together with the notice of appeal to the director and the parties to the appeal.

No appeal from leave application

160.2(16)   A decision or order made by the commission under this section is final and not subject to appeal.

12          Subsection 161(1) is amended by striking out "Except as otherwise provided in this Act" and substituting "Except if leave to appeal is required under subsection 160.2(1), or as otherwise provided in this Act".

13          Subsection 170(1) is amended by adding "with respect to an appeal" after "hearing".

14          Subsection 171(2) is amended by adding "subject to subsection 160.2(16)," after "each of the parties and,".

15          Clause 194(1)(e) is replaced with the following:

(e) determining the maximum permitted rent increase or the manner of determining that increase, other than that portion of an increase relating to separate charges for laundry facilities;

Coming into force

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