C.C.S.M. c. L130
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| PART 1
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| INTERPRETATION AND APPLICATION
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| 1
| (1)
| Definitions
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| (2)
| Other terms and expressions
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| (3)
| Meaning of "refundable"
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| (4)
| Proposed rental unit
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| 2
| (1)
| General application
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| (2)
| Act binds the Crown
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| (3)
| Non-application to living accommodation
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| (4)
| Conflict with other Acts
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| (5)
| Conflict with agreements
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| 3
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| Restriction or waiver of application void
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| 4
| (1)
| Residential complex on leased land prohibited
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| (2)
| Exception for pre-existing residential complexes
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| PART 2
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| PAYMENTS AND DISCLOSURE
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| 5
| (1)
| Permitted payments
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| (2)
| Payments subject to section 6 requirements
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| 6
| (1)
| Pre-lease payments prohibited after occupancy date
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| (2)
| Information to be disclosed
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| (3)
| Amount of pre-lease payment
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| (4)
| Entrance fees permitted
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| 7
| (1)
| Acknowledgement of receipt
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| (2)
| Content of acknowledgement of receipt
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| PRE-LEASE PAYMENTS
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| 8
| (1)
| Pre-lease payment held in trust
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| (2)
| Pre-lease payment: life lease entered
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| (3)
| Pre-lease payment: development not completed
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| (4)
| Pre-lease payment: failure to enter into lease
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| (5)
| Time of payment
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| ENTRANCE FEES
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| 9
| (1)
| Entrance fee held in trust
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| (2)
| General limitation on use of entrance fees
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| (3)
| Refund of entrance fee to tenant
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| CANCELLATION RIGHTS
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| 10
| (1)
| Statement of cancellation rights from landlord
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| (2)
| Cooling-off period
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| (3)
| Statement of cancellation rights not in lease
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| (4)
| Adequacy of wording
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| (5)
| Effective date of cancellation
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| (6)
| Refund of entrance fee to tenant
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| ASSIGNMENT OF LIFE LEASES
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| 11
| (1)
| Permitted assignment
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| (2)
| Consideration for assignment
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| (3)
| Amendment of term
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| (4)
| Registration
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| (5)
| Prohibition re registration
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| (6)
| No action against district registrar
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| (7)
| Disclosure to assignee
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| 12
| (1)
| Cooling-off period: assignee
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| (2)
| Adequacy of wording
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| (3)
| Effective date of cancellation
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| (4)
| Refund of amount paid for assignment
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| (5)
| Holdback
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| FAILURE TO GIVE POSSESSION
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| 13
| (1)
| Failure to give possession
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| (2)
| Effective date of cancellation
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| (3)
| Early notice
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| (4)
| Tenant entitled to full refund
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| (5)
| Refund within 60 days of cancellation
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| (6)
| Unavoidable delay
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| NOTICE OF POSSESSION DATE
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| 14
| (1)
| Notice of possession date
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| (2)
| Tenant may agree to earlier date
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| CHANGE IN LANDLORD
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| 15
| (1)
| Change in ownership
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| (2)
| Exception
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| (3)
| Right to continue in occupancy
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| PART 3
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| RESERVE FUNDS, INSURANCE AND ANNUAL REPORTING
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| RESERVE FUNDS
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| 16
| (1)
| Reserve fund for non-profit landlord
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| (2)
| Use of reserve fund
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| INSURANCE
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| 17
| (1)
| Insurance required
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| (2)
| Notice to tenants
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| ANNUAL REPORTING
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| 18
| (1)
| Annual meeting
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| (2)
| Notice of meeting
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| (3)
| Content of notice
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| (4)
| Statement by trustee or landlord
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| (5)
| Owner representative to attend meeting
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| TENANT REPRESENTATION AT BOARD MEETINGS
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| 18.1
| (1)
| Tenant representation at board meetings
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| (2)
| Notice of board meeting
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| (3)
| Right to attend and be heard
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| (4)
| Confidential matters
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| (5)
| Board minutes
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| (6)
| Access to minutes
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| AUDITED FINANCIAL STATEMENTS
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| 18.2
| (1)
| Meaning of "majority of tenants"
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| (2)
| Audited financial statements
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| (3)
| Tenant entitled to a copy of audited statements
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| (4)
| Withdrawal of request
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| (5)
| Personal information in financial statements
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| PART 4
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| TRUSTEES AND REFUNDABLE ENTRANCE FEES
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| APPOINTMENT AND QUALIFICATIONS OF TRUSTEES
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| 19
| (1)
| Appointment of trustee re entrance fees
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| (2)
| Appointment of trustee re refund fund
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| 20
| (1)
| Qualifications of trustee
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| (2)
| Application to court
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| (3)
| Replacement trustee
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| (4)
| Application of The Trustee Act
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| INITIAL TENANTS' ENTRANCE FEES
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| 21
| (1)
| Meaning of "unleased rental unit"
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| (2)
| Entrance fee paid to trustee
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| (3)
| Trustee to hold entrance fees and pre-lease payments
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| (4)
| Prerequisites to payment
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| (5)
| Security reduced if rental unit leased
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| (6)
| Application of funds
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| (7)
| Use of funds
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| REFUNDABLE ENTRANCE FEES AND THE REFUND FUND
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| 22
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| Minimum refundable
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| 23
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| Refund fund
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| 24
| (1)
| "Priority date" defined
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| (2)
| Effective date of cancellation
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| (3)
| Refund of entrance fees
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| (3.1)
| No deduction for damage or arrears
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| (4)
| Priority
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| 25
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| Use of excess funds
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| 26
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| Limitation
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| 27
| (1)
| Meaning of "fully funded" refund fund
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| (2)
| Right to refund
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| (3)
| Income after fully funded
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| (4)
| Payment of excess to certain landlords prohibited
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| MORTGAGE SECURITY
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| 28
| (1)
| Requirement for mortgage
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| (2)
| Terms of mortgage
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| (3)
| Purchase price of land
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| 29
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| Increase in entrance fees
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| 30
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| Mortgage discharged
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| DEFAULT
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| 31
| (1)
| Demand by trustee
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| (2)
| Mandatory foreclosure proceedings
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| (3)
| Waiver or postponement
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| (4)
| Meeting of tenants
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| 32
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| Distribution of refund fund
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| 33
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| Surplus on mortgage sale
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| PART 5
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| GENERAL PROVISIONS
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| 34
| (1)
| Non-profit landlord limited to one residential complex
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| (2)
| Exception for property managers
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| 35
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| Right of first refusal
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| 36
| (1)
| Notice of life lease filed against the land
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| (2)
| Failure to file notice
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| 37
| (1)
| Investment by landlord
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| (2)
| Investment by trustee
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| 37.1
| (1)
| Payment of shortfall as a rent increase
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| (2)
| Landlord to give written notice
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| (3)
| Paying shortfall by a lump sum payment
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| OFFENCES AND PENALTIES
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| 38
| (1)
| Offence: false or misleading statement
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| (2)
| Offence: contravention of Act or regulations
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| (3)
| Directors, officers and agents
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| (4)
| Defence
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| (5)
| Penalties
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| (6)
| Limitation
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| NOTICE AND MISCELLANEOUS
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| 39
| (1)
| Giving of notices
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| (2)
| Disclosure to tenant
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| (3)
| Notice of cancellation
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| (4)
| When given by mail
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| (5)
| Director or commission may give directions
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| (6)
| Actual notice is sufficient
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| 40
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| Substantial compliance
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| 41
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| Certificate of director as proof
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| REGULATIONS
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| 42
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| Regulations by L.G. in C.
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| 43
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| Regulations by minister
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| PART 6
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| APPLICATION TO MATTERS ARISING BEFORE THE COMING INTO FORCE OF THIS ACT
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| 44
| (1)
| Pre-lease payments made before coming into force
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| (2)
| Entrance fees paid before coming into force
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| (3)
| Assignments made before coming into force
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| 45
| (1)
| Life leases entered into before coming into force
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| (2)
| Entrance fee received after coming into force
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| 46
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| Disclosure where entrance fee paid
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| 47
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| Section 10 cancellation right
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| 48
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| Section 12 cancellation right
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| 49
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| Annual disclosure
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| 50
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| Notice of life lease filed against the land
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| 51
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| Requirement for reserve fund
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| 52 to 88
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| PART 8
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| C.C.S.M. REFERENCE AND COMING INTO FORCE
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| 89
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| C.C.S.M. reference
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| 90
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| Coming into force
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