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The Residential Tenancies Amendment Act

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S.M. 2020, c. 10

Bill 58, 2nd Session, 42nd Legislature

The Residential Tenancies Amendment Act

Explanatory Note

This note is a reader's aid and is not part of the law.

This Act amends The Residential Tenancies Act.

  • Rent is frozen at the amount payable immediately before April 1, 2020.
  • Evictions are limited to specific circumstances that infringe, interfere with or adversely affect the security, safety, health or well-being of other tenants, such as engaging in unlawful activity. This amendment is effective as of March 24, 2020.
  • Late fees for failure to pay rent are prohibited.

The amendments remain in effect until they are repealed by proclamation.

(Assented to April 15, 2020)

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

The following is added after Part 9.1:

PART 9.2

TEMPORARY CHANGES CONCERNING THE 2020 PUBLIC HEALTH EMERGENCY

Purpose

140.9

The purpose of this Part is to make temporary changes to address the social and economic impacts on landlords and tenants that are related to the pandemic in Manitoba caused by the communicable disease known as COVID-19.

Freeze in Rent Increases

Rent freeze

140.10(1)

 Any notice of a rent increase given by a landlord in accordance with section 25

(a) on or after April 1, 2020; or

(b) before April 1, 2020, with an effective date for the rent increase being on or after April 1, 2020;

is void and the rent increase does not take effect.

Reimbursement required

140.10(2)

 A landlord who collects a rent increase for which no effective notice is given as a result of subsection (1)

(a) is deemed to charge rent in excess of the rent permitted by this Act; and

(b) must reimburse the amount of the excess to the person who paid it, regardless of whether it was paid before or after the coming into force of this section.

Conflict

140.10(3)

 This section prevails to the extent that it conflicts with

(a) any other provision of this Act; or

(b) any provision in a tenancy agreement, regardless of whether the tenancy agreement was entered into before or after the coming into force of this section.

Forgoing Late Payment Fees

No late payment fees during emergency

140.11(1)

 A landlord must not require a tenant to pay a late payment fee if the tenant fails to pay the rent on the date specified in the applicable tenancy agreement.

Conflict

140.11(2)

 Subsection (1) prevails to the extent that it conflicts with

(a) subsection 69(4); and

(b) any provision in a tenancy agreement, regardless of whether the tenancy agreement was entered into before or after the coming into force of this section.

Limiting Terminations

Landlord may terminate for limited reasons only

140.12(1)

 A landlord must not give a tenant a notice of termination unless

(a) the tenancy is terminated for

(i) a contravention of clause 74(a) (duty not to impair safety), or

(ii) a contravention of section 74.1 (unlawful activity by tenant); and

(b) the termination addresses an immediate risk to the health or safety of the landlord, a tenant or occupant of the residential complex, or a person permitted in the residential complex by any of those persons.

Earlier notices of termination void

140.12(2)

 Any notice of termination given by a landlord to a tenant with an effective date that is on or after March 24, 2020, is void unless it was given for the reasons set out in clauses (1)(a) and (b).

Conflict

140.12(3)

 This section prevails to the extent that it conflicts with any other provision of this Act, except subsection 104(1) (termination by government authority).

No retroactive offence

3

No person shall be charged with an offence under section 195 of The Residential Tenancies Act for contravening or failing to comply with a provision of Part 9.2, as enacted by section 2 of this Act, that comes into force retroactively, if the contravention or failure to comply is in respect of conduct that occurred before the coming into force of this section.

Repeal of Part 9.2

4(1)

The following provisions of The Residential Tenancies Act, as enacted by section 2 of this Act, are repealed:

(a) section 140.9 and the Part heading before it;

(b) section 140.10;

(c) section 140.11;

(d) section 140.12.

Impact of repeal — notice of a rent increase

4(2)

On the repeal of section 140.10, as enacted by section 2 of this Act, a written notice of a rent increase given by a landlord under section 25 takes effect on the later of

(a) the day section 140.10 is repealed; or

(b) the effective date of the rent increase, as specified in the notice.

Coming into force — royal assent

5(1)

Subject to subsections (2) to (4), this Act comes into force on the day it receives royal assent.

Coming into force — April 1, 2020

5(2)

Section 140.10, as enacted by section 2 of this Act, is deemed to have come into force on April 1, 2020.

Coming into force — March 24, 2020

5(3)

Section 140.12, as enacted by section 2 of this Act, is deemed to have come into force on March 24, 2020.

Coming into force — proclamation

5(4)

Section 4 comes into force on a day to be fixed by proclamation.