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C.C.S.M. c. R119

The Residential Tenancies Act

(Assented to December 14, 1990)

WHEREAS Manitobans recognize that the law respecting the rights and obligations of landlords and tenants and the regulation of rents is in need of general reform;

AND WHEREAS it is in the public interest that the law respecting landlords and tenants and the regulation of rents should be set out in  a comprehensive code;

AND WHEREAS Manitobans recognize that the small sums of money typically at issue between landlords and tenants, the need for prompt settlement of disputes and the desirability of preserving ongoing harmonious relationships between landlords and tenants require innovative dispute resolution that is fair, informal, accessible, inexpensive, expeditious and amicable;

AND WHEREAS many of the usual disputes between landlords and tenants can be resolved in an informal, administrative setting;

AND WHEREAS it is in the interests of landlords and tenants that the knowledge and skill of persons specializing in landlord and tenant and rent regulation matters be combined in a specialist tribunal and brought to bear on the review and resolution of disputes;

NOW THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

INTERPRETATION AND APPLICATION

Definitions

1(1)        In this Act,

"account for power" has the same meaning as in section 1 of The Energy Savings Act; (« compte d'énergie »)

"caretaker's unit" means a rental unit provided by a landlord to a person employed as a caretaker, janitor, manager or superintendent of a residential complex or part of a residential complex in which the rental unit is located; (« unité locative de gardien d'immeuble »)

"chief commissioner" means the chief commissioner appointed under subsection 146(1); (« commissaire en chef »)

"commission" means the Residential Tenancies Commission established under subsection 145(1); (« Commission »)

"cooperative housing corporation" means a corporation whose main purpose and activity is to provide living accommodation to its members, and, in the case of a corporation not incorporated under The Cooperatives Act, means a corporation organized and operated in accordance with the principles and methods described in subsection 4(1) of that Act; (« coopérative de logement »)

"court" means the Court of Queen's Bench; (« tribunal »)

"department" means the department of the executive government over which the minister presides; (« ministère »)

"deposit" means

(a) a security deposit,

(b) a pet damage deposit, or

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

"director" means the Director of Residential Tenancies appointed under subsection 141(1); (« directeur »)

"employee unit" means a rental unit provided by an employer to an employee to occupy during his or her employment or training; (« unité locative d'employé »)

"entrance fee" means an entrance fee as defined in The Life Leases Act; (« frais d'entrée »)

"furniture", when used in relation to a furnished rental unit, does not include appliances such as a stove, refrigerator, washer or dryer provided with the rental unit; (« meubles »)

"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 »)

"landlord" includes

(a) the owner, or other person permitting or granting a right to occupancy of the rental unit, and his or her heirs, assigns, personal representatives and successors in title,

(b) a person, other than a tenant occupying the rental unit, who is entitled to possession of the residential complex in which the rental unit is located and who attempts to enforce any of the rights of a landlord under a tenancy agreement or this Act, including the right to collect rent or a tenant services charge, and

(c) a person who, in exercising rights under a mortgage or another real property encumbrance, initiates proceedings to evict a tenant from a rental unit; (« locateur »)

"life lease" means a life lease as defined in The Life Leases Act; (« bail viager »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"mobile home" means a dwelling that is designed to be made mobile and that is constructed or manufactured to provide a permanent residence for 1 or more persons, but does not include a travel trailer, tent trailer or other similar trailer; (« maison mobile »)

"mobile home park" means a residential complex where 2 or more mobile homes are located for a period of 60 days or more, and includes the land, structures, and services and facilities of which the landlord retains possession and that are intended for the common use and enjoyment of the tenants of the landlord; (« parc de maisons mobiles »)

"monthly charge" has the same meaning as in subsection 1(1) of The Energy Savings Act; (« frais mensuels »)

"on-meter efficiency improvements program" has the same meaning as in subsection 1(1) of The Energy Savings Act; (« programme d'amélioration de l'efficacité énergétique »)

"personal care home" means a personal care home designated under the regulations made under The Health Services Insurance Act; (« foyer de soins personnels »)

"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 »)

"prescribed" means prescribed by the regulations; (« version anglaise seulement »)

"public utility" means a public utility as defined in The Public Utilities Act; (« service public »)

"regulations" means the regulations made under this Act; (« règlement »)

"rent" means the amount of money paid or other value given by a tenant to a landlord for

(a) the right to occupy a rental unit, and

(b) the use of common areas, services and facilities, privileges, accommodations or other things relating to the use, occupation or enjoyment of the rental unit, whether or not a separate charge is made for them,

and includes the value of any rent discount given by the landlord as determined in accordance with the regulations, but does not include a tenant services charge; (« loyer »)

"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 »)

"rental payment period" means the interval at which rent is payable under a tenancy agreement; (« terme »)

"rental unit" means any living accommodation, mobile home or a site for a mobile home used or intended for use as rented residential premises, and includes a room in a boarding house where 5 or more rooms are provided as living accommodation in the boarding house; (« unité locative »)

"residential care facility" means a residential care facility that has been licensed or issued a letter of approval under the regulations made under The Social Services Administration Act; (« établissement de soins en résidence »)

"residential complex" means a building or part of a building, a related group of buildings or a mobile home park in which 1 or more rental units are located, and includes all common areas, and services and facilities available for the use of residents of the building or buildings or park; (« ensemble résidentiel »)

"residential tenancies repair program" means the program established under clause 44(k) of The Housing and Renewal Corporation Act; (« programme de réparation des unités locatives »)

"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 a liability of the tenant, but does not include

(a) a pet damage deposit, or

(b) a tenant services security deposit; (« dépôt de garantie »)

"security deposit compensation fund" means the fund established under subsection 36(1); (« Fonds »)

"service and facility" includes

(a) appliances provided by the landlord,

(b) parking and related facilities,

(c) laundry facilities,

(d) elevator facilities,

(e) common recreational facilities,

(f) garbage facilities and related services,

(g) cleaning or maintenance services,

(h) storage facilities,

(i) intercom systems,

(j) cable and satellite television facilities,

(k) heating facilities or services,

(l) air-conditioning facilities,

(m) utilities and related services,

(n) security services or facilities,

(o) maintenance of sidewalks, roads, parking areas and related services,

(p) maintenance of lawns and grounds and related services, and

(q) clearing of snow from roads and sidewalks and related services; (« services et installations »)

"subsidized housing" means a rental unit rented to persons or families of low or modest income at reduced rents by reason of funding provided by the Government of Canada, the Government of Manitoba, a municipality or a local government district, or by any of their agencies; (« habitation subventionnée »)

"tenancy agreement" means a written, oral or implied agreement between a landlord and a tenant for occupancy of a rental unit and, where applicable, provision of tenant services, and includes a life lease; (« convention de location »)

"tenant" means a person who occupies or is entitled to occupy a rental unit under a tenancy agreement and includes his or her heirs, assigns and personal representatives, but does not include a government agency that pays rent or a tenant services charge on behalf of a person in connection with that person's right to occupy the rental unit; (« locataire »)

"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 »)

Furniture included in rental unit

1(1.1)      In this Act, a reference to a "rental unit" includes the furniture and appliances provided by the landlord for use in the rental unit.

Proposed rental unit

1(1.2)      In this Act, where a life lease is in respect of a rental unit not yet in existence, "rental unit" means the proposed rental unit and "residential complex" means the residential complex or proposed residential complex in which the proposed rental unit is to be located.

Rent re mobile homes

1(1.3)      For greater certainty, "rent" does not include and is deemed never to have included an amount paid by a tenant for

(a) the portion of property taxes levied by a municipality that is attributable to the assessed value of a mobile home, or other assessable property on a mobile home site, that is not owned by the landlord; or

(b) a licence fee charged by a municipality on a mobile home that is not owned by the landlord;

whether paid before or after the coming into force of this subsection.

Payment of property taxes or licence fees

1(1.4)      With respect to a mobile home or other assessable property on a mobile home site occupied by a tenant, a tenancy agreement may include a requirement that the tenant pay property taxes or licence fees described in subsection (1.3) to the landlord or the municipality.

Interpretation: "municipality"

1(1.5)      For the purpose of subsections (1.3) and (1.4), "municipality" includes

(a) a local government district; and

(b) in respect of Northern Manitoba as defined in The Northern Affairs Act,

(i) an incorporated community, and

(ii) the minister responsible for The Northern Affairs Act acting as a municipality under that Act.

Remedies re mobile homes

1(1.6)      The remedies under this Act that are available to a landlord when a tenant fails to pay rent also apply when a tenant fails to pay any property taxes or licence fees described in subsection (1.3) that the tenant is required to pay under a tenancy agreement.

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".

Monthly charge for improved efficiency charge not rent

1(1.8)      In this Act, "rent" does not include the amount of a monthly charge that is levied and collected on the account for power for a rental unit under the on-meter efficiency improvements program, if the director is satisfied that

(a) the tenant is responsible for paying the account for power for the rental unit; and

(b) the tenant who occupied the rental unit when the agreement under the on-meter efficiency improvements program was entered into in respect of the residential complex in which the rental unit is located agreed to a monthly charge being levied on the account for power for the rental unit.

Director may require information from Manitoba Hydro

1(1.9)      To assist the director in administering and enforcing this Act, the director may request in writing that Manitoba Hydro provide information collected or obtained under the on-meter efficiency improvements program, including

(a) the address of a building that is subject to the on-meter efficiency improvements program;

(b) the name and address of the person or persons who are or were responsible for paying the account for power for the building; and

(c) the costs of the changes that were made to the building under the program and the amount of the monthly charge levied on the account for power for the building.

Manitoba Hydro to provide information

1(1.10)     Manitoba Hydro must provide the director with the information, including personal information as defined in The Freedom of Information and Protection of Privacy Act, requested under subsection (1.9) in the form and within the time period specified by the director.

Vacating premises

1(2)        For the purpose of this Act, a tenant has vacated the rental unit and the residential complex when the tenancy agreement is properly terminated in accordance with this Act and

(a) the tenant has left the rental unit and informed the landlord that he or she does not intend to return; or

(b) the tenant does not ordinarily live in the rental unit, and the rent, and, if applicable, the tenant services charge, that the tenant has paid is no longer sufficient to meet the tenant's obligation to pay.

Abandoning premises

1(3)        For the purpose of this Act, a tenant has abandoned the rental unit and the residential complex when the tenancy agreement is not properly terminated in accordance with this Act and

(a) the tenant has left the rental unit and informed the landlord that he or she does not intend to return; or

(b) the tenant does not ordinarily live in the rental unit, has not expressed an intention to resume living in the rental unit, and the rent, and, if applicable, the tenant services charge, the tenant has paid is no longer sufficient to meet the tenant's obligation to pay.

Reference to "Act" includes regulations

1(4)        A reference to "this Act" includes the regulations made under this Act.

Reference to Life Leases Act includes regulations

1(5)        In this Act, a reference to The Life Leases Act includes the regulations made under that Act.

S.M. 1993, c. 45, s. 2; S.M. 1998, c. 42, s. 56; S.M. 2004, c. 33, s. 2; S.M. 2009, c. 10, s. 2; S.M. 2011, c. 35, s. 44; S.M. 2012, c. 26, s. 17.

Application

2           This Act applies to rental units and residential complexes and to tenancy agreements, whether made before or after this Act comes into force, despite any other Act and despite any agreement or waiver to the contrary.

Non-application

3(1)        This Act does not apply to

(a) living accommodation occupied on a transient basis provided in a hotel, motel, inn, tourist home or hostel, or other similar accommodation;

(b) living accommodation occupied as a vacation home for a seasonal or temporary period;

(c) except as provided in Part 12 of The Cooperatives Act, living accommodation provided by a housing cooperative, as defined in section 1 of that Act, to its members who occupy the living accommodation;

(d) living accommodation occupied by a person for penal, correctional, rehabilitative or therapeutic purposes or for the purpose of receiving care;

(e) living accommodation provided to temporarily shelter persons in need;

(f) living accommodation provided in a hospital, a hospice for persons in the late stages of a life-threatening illness, a personal care home or a residential care facility;

(g) living accommodation provided by an educational institution to its students;

(h) living accommodation provided by a religious institution for the purpose for which it is established; or

(i) premises occupied for business or agricultural purposes with living accommodation attached under a single lease, unless the person occupying the living accommodation is someone other than the person occupying the premises for those purposes.

Exemptions from Act by regulation

3(2)        This Act does not apply to residential complexes or to classes of residential complexes that are exempted from this Act by the regulations.

S.M. 1998, c. 52, s. 400; S.M. 2004, c. 33, s. 3.

Conflict with other Acts

4           If this Act conflicts with the provisions of another Act, other than subsections 5(2) to (2.16) of The Condominium Act, this Act prevails.

S.M. 2011, c. 30, Sch. B, s. 2.

Act binds the Crown

5           This Act binds the Crown.

Waiver of Act void

6(1)        Every agreement, oral or written, express or implied, whether entered into before or after the coming into force of this Act, is against public policy and void to the extent that it restricts or waives or purports to restrict or waive the application of this Act or rights and obligations under this Act.

Arrangement or payment to defeat Act void

6(2)        An arrangement, payment or other device the purpose of which is to defeat this Act is against public policy and void.

PART 2

TENANCY AGREEMENTS

GENERAL PROVISIONS

Agreement may be oral, written or implied

7(1)        Subject to subsections (1.1) and (1.2), a tenancy agreement may be made orally or in writing or may be implied.

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.

Standard form of tenancy agreement

7(2)        A written tenancy agreement must

(a) be in the prescribed form, unless it is a life lease; and

(b) be signed by the landlord and tenant or their agents.

Agreement deemed to be in writing

7(3)        A tenancy agreement is deemed to be in writing if it is signed by or on behalf of one party, given to the other party, and thereafter the tenant is permitted to occupy the rental unit.

Agreement deemed to include provisions of standard form

7(4)        A tenancy agreement, other than a life lease, not in the prescribed form is deemed to include the provisions of the prescribed form and any provision of the tenancy agreement that is inconsistent with the prescribed form or this Act is void.

Representation by landlord

7(5)        A representation of fact by a landlord to a prospective tenant that induced the tenant to enter into a tenancy agreement is a term of the tenancy agreement.

Representation re life lease

7(6)        A representation made under The Life Leases Act by a landlord to a prospective tenant in respect of a life lease is a term of the lease.

S.M. 1998, c. 42, s. 57; S.M. 2009, c. 10, s. 3.

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.

Calculating 48-hour period

7.1(1.1)    The 48-hour period referred to in subsection (1) excludes Saturdays, Sundays and holidays.

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.

S.M. 2009, c. 10, s. 4; S.M. 2012, c. 30, s. 2.

Tenant entitled to copy

8           Within 21 days after a written tenancy agreement is signed by the tenant and given to the landlord, the landlord shall give the tenant a copy of it signed by both the landlord and tenant.

Beginning of tenancy

9           The term of a tenancy begins on the day the tenant is entitled to occupy the rental unit under the tenancy agreement.

Rental payment period

10          A rental payment period is not required to coincide with a calendar period.

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.

S.M. 2009, c. 10, s. 5.

Additions to standard form

11(1)       In addition to the benefits and obligations contained in the prescribed form of tenancy agreement, a tenancy agreement other than a life lease may contain additional provisions if

(a) the provisions are not inconsistent with the prescribed form, this Act or subsections 5(2) to (2.16) of The Condominium Act; and

(b) any obligation imposed on a tenant is reasonable in all the circumstances.

Life lease requirements

11(1.1)     A life lease shall not contain a provision that

(a) is inconsistent with this Act, The Life Leases Act or subsections 5(2) to (2.16) of The Condominium Act; or

(b) imposes an obligation on the tenant that is unreasonable in the circumstances.

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.

Provision or rule to be reasonable

11(3)       A provision or rule is reasonable if

(a) it is intended to

(i) promote a fair distribution of services and facilities and, if applicable, tenant services to the occupants of the residential complex,

(ii) promote the safety, comfort or welfare of persons working or residing in the residential complex, or

(iii) protect the landlord's property from abuse;

(b) it is reasonably related to the purpose for which it is intended;

(c) it applies to all tenants in a fair manner; and

(d) it is clearly expressed so as to inform the tenant of what the tenant must or must not do to comply with it.

Condominium Act declaration, by-laws and rules

11(4)       A landlord who is a landlord of a unit under The Condominium Act may enforce a provision of the declaration, by-laws or rules of the corporation referred to in that Act provided the landlord complies with subsection 56.1(3), unless subsection 75.1(3) applies.

S.M. 1997, c. 35, s. 14; S.M. 1998, c. 42, s. 58; S.M. 2009, c. 10, s. 6; S.M. 2011, c. 30, Sch. B, s. 3; S.M. 2012, c. 30, s. 3.

Parties entitled to copy of document signed

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

Notice of name of landlord or agent

13(1)       On first entering into a tenancy agreement, a landlord shall give the tenant a notice in writing setting out

(a) the landlord's legal name, telephone number and address for giving and sending documents; or

(b) the name, address and telephone number of the landlord's agent responsible for making repairs, collecting rent or a tenant services charge, and receiving documents from tenants on the landlord's behalf.

Alternative method of giving notice

13(2)       A landlord may comply with subsection (1) by posting and keeping posted in a conspicuous place in the residential complex an up-to-date notice setting out the information required under subsection (1).

S.M. 1993, c. 45, s. 3; S.M. 2009, c. 10, s. 7.

Additional payments prohibited

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

S.M. 1998, c. 42, s. 59.

Accelerated rent or tenant services charge prohibited

15          A tenancy agreement shall not provide that rent or a tenant services charge becomes payable in advance of the payment date specified in the tenancy agreement, and a provision of this kind is void.

S.M. 1993, c. 45, s. 4; S.M. 2009, c. 10, s. 8.

Post-dated cheques

16          A landlord shall not require the delivery of a post-dated cheque, negotiable instrument or order to pay for use as payment of rent or a tenant services charge, but such a cheque, negotiable instrument or order may be voluntarily given.

S.M. 1993, c. 45, s. 4; S.M. 2009, c. 10, s. 9.

Permission to breach obligation

17          Express or implied permission to breach or failure to enforce an obligation under a tenancy agreement or this Act does not prevent the enforcement of the obligation when another breach occurs.

Furnished rental units

18          A landlord who rents a furnished rental unit shall provide to the tenant, at the time the tenancy agreement is first entered into, an itemized list of the furniture provided by the landlord for use in the rental unit.

S.M. 1993, c. 45, s. 5.

19 and 20   [Repealed]

S.M. 1993, c. 45, s. 6.

RENEWAL OF TENANCY AGREEMENTS

Renewal of written tenancy agreement: specified term

21(1)       When a written tenancy agreement, other than a life lease, specifies a date for it to end, the landlord shall, not later than 3 months before that date, give the tenant a new tenancy agreement

(a) for the same term as the existing tenancy agreement; and

(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;

unless the tenancy has been terminated in accordance with this Act.

Exception if landlord and tenant agree

21(2)       If the landlord and tenant have agreed to another term for the new agreement or to different benefits and obligations, a new agreement provided by the landlord under subsection (1) may reflect the term and the benefits and obligations agreed to.

Landlord to advise tenant about renewal

21(3)       At the time of giving a new tenancy agreement under subsection (1), the landlord shall advise the tenant in writing

(a) that the tenant may continue to occupy the rental unit;

(b) that if the tenant intends to renew the tenancy agreement, the tenant must sign the new agreement and return it to the landlord at least 2 months before the end of the existing agreement; and

(c) if the new tenancy agreement increases the rent by more than the maximum increase permitted by the regulations, that the tenant may sign the agreement and still have a right to terminate the tenancy later under section 91.

Tenant who does not renew is deemed to terminate

21(4)       If a tenant does not sign and return the new tenancy agreement to the landlord within the time required in clause (3)(b), the tenancy is terminated on the date it is specified to end.

Deemed renewal if landlord fails to comply

21(5)       If a landlord fails to comply with subsection (1) and the tenant continues to occupy the rental unit after the end of the existing agreement, the existing agreement is deemed to be renewed for the same term or a term of 12 months, whichever is less, and with the same benefits and obligations, 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.

S.M. 1998, c. 42, s. 60; S.M. 2004, c. 33, s. 4; S.M. 2005, c. 35, s. 2; S.M. 2009, c. 10, s. 10.

Renewal of oral or implied tenancy agreement: specified term

22          When a tenancy agreement that is not in writing specifies a date for it to end, the landlord and tenant are deemed to renew the tenancy agreement on that date for a further period equal to the term of the existing agreement or a term of 12 months, whichever is less, and with the same benefits and obligations, subject to a rent increase that complies with Part 9, unless

(a) the landlord and tenant have entered into a new tenancy agreement; or

(b) the tenancy has been terminated in accordance with this Act.

S.M. 2004, c. 33, s. 5; S.M. 2005, c. 35, s. 3; S.M. 2009, c. 10, s. 11.

Renewal of life lease for specified term

22.1        When a life lease specifies a date for it to end, if the landlord does not offer the tenant a new life lease at least three months before the expiry date, or if the tenant does not accept the new lease, the tenant has a right to remain in occupancy of the rental unit under a deemed tenancy agreement for successive rental payment periods, as described in section 23, 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.

S.M. 1998, c. 42, s. 61; S.M. 2009, c. 10, s. 12.

Renewal of tenancy agreement: no specified term

23          When a tenancy agreement does not specify a date for it to end, the landlord and tenant are deemed to renew the tenancy agreement for successive rental payment periods, subject to a rent increase that complies with Part 9 and, if applicable, a tenant services charge increase that complies with Part 9.1, unless

(a) the landlord and tenant have entered into a new tenancy agreement; or

(b) the tenancy has been terminated in accordance with this Act.

S.M. 2004, c. 33, s. 5; S.M. 2009, c. 10, s. 13.

No automatic renewal for temporary tenancies

24          Sections 21, 22 and 23 do not apply to a temporary tenancy described in clause 102(1)(a), and sections 21 and 22 do not apply to a temporary tenancy described in clause 102(1)(b).

S.M. 1998, c. 42, s. 62.

NOTICES OF RENT INCREASE

Three months' notice of rent increase

25(1)       A landlord shall not increase the rent for a rental unit without giving the tenant a written notice of the intended rent increase that meets the requirements of subsection 26(1) or section 27, at least three months before the effective date of the rent increase.

Notice to new tenant

25(2)       Subsection (1) does not apply to a rent 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, if notice of the increase is given in accordance with section 116.1.

Increase void if no notice

25(3)       An increase in rent is void if the landlord does not give the notice required by subsection (1) or (2).

Three months' notice of removal of rent discount

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

Exception for conditional discount

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

S.M. 1993, c. 45, s. 7; S.M. 2004, c. 33, s. 6; S.M. 2005, c. 35, s. 4.

Notice for units subject to rent regulation

26(1)        A notice of rent increase for a rental unit that is subject to rent regulation under Part 9 must be in the prescribed form and set out

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

(b) the amount of the intended increase expressed in dollars and as a percentage of the rent for the rental unit;

(c) the effective date of the intended increase;

(d) the maximum increase permitted by the regulations;

(e) a statement that the rent increase is not valid unless a notice of at least 3 months is given to the tenant; and

(f) a statement that the tenant has the right to object to the rent increase.

Notice not to take into account laundry facilities

26(2)       A notice of rent increase referred to in subsection (1) shall not include any part of the rent increase that relates to separate charges for laundry facilities.

Notice for units not subject to rent regulation

27          A notice of rent increase for a rental unit that is not subject to rent regulation under Part 9 must be in the prescribed form and set out

(a) the amount of the rent 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 rent increase is not valid unless a notice of at least 3 months is given to the tenant; and

(e) any additional prescribed information.

S.M. 2005, c. 14, s. 7.

Notice to be given to director

28(1)       The landlord shall give a copy of the notice of rent increase to the director

(a) within 14 days after giving it to the tenant; or

(b) if no tenant is in possession of the rental unit when the notice is required to be given, within 14 days after the beginning of the 3-month period before the effective date of the increase.

Exception

28(2)       Subsection (1) does not apply to a rent increase for a rental unit that is

(a) in a hotel, motel, inn, tourist home, hostel or other similar accommodation;

(b) a room in a boarding house;

(c) subsidized housing; or

(d) occupied under a life lease referred to in subsection 116(4).

S.M. 2004, c. 33, s. 7.

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.

S.M. 2009, c. 10, s. 14.

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.

S.M. 2009, c. 10, s. 14.

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.

S.M. 2009, c. 10, s. 14.

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.

S.M. 2009, c. 10, s. 14.

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.

S.M. 2009, c. 10, s. 14.

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.

S.M. 2009, c. 10, s. 14.

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).

S.M. 2009, c. 10, s. 14.

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.

S.M. 2009, c. 10, s. 14.

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.

S.M. 2009, c. 10, s. 14.

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.

S.M. 2009, c. 10, s. 14.

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.

S.M. 2009, c. 10, s. 14.

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.

S.M. 2009, c. 10, s. 14.

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.

S.M. 2009, c. 10, s. 14.

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.

S.M. 2009, c. 10, s. 14.

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.

S.M. 2009, c. 10, s. 14.

PART 3

DEPOSITS AND CONDITION REPORTS

SECURITY DEPOSITS

Security deposit requirements

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

1.

A security deposit must not be more than the equivalent of 1/2 the first month's rent payable under the tenancy agreement.

2.

A 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 security deposit is required, and

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

3.

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

4.

On payment of a security deposit, the landlord shall give the tenant a written acknowledgment 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.

[Repealed] S.M. 1993, c. 45, s. 8.

S.M. 1992, c. 42, s. 2; S.M. 1993, c. 45, s. 8.

PET DAMAGE DEPOSITS

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.

No pet damage deposit before June 30, 2010

29.1(2)     A landlord shall not require a tenant to pay a pet damage deposit with respect to a pet that before June 30, 2010, was kept in the rental unit with the landlord's permission.

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.

Exception — service animals

29.1(3)     A landlord shall not require a tenant who relies on a service animal as defined 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 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.

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.

S.M. 2009, c. 10, s. 17; S.M. 2013, c. 13, s. 2.

Rules re pets

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

S.M. 2009, c. 10, s. 17.

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.

S.M. 2009, c. 10, s. 17.

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.

S.M. 2009, c. 10, s. 17.

Increase in tenant services security deposit

29.4.1      A landlord may require a tenant to increase the tenant services security deposit after the deposit has been paid if

(a) an additional person occupies the rental unit with the tenant; and

(b) the landlord increases the tenant services charge as a result.

The amount of the deposit, including the increase, must not be more than 1/2 of the new monthly tenant services charge payable under the tenancy agreement.

S.M. 2012, c. 30, s. 4.

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.

S.M. 2009, c. 10, s. 17.

Landlord to hold or remit deposit

30(1)       A landlord who requires a tenant to pay a deposit shall, on payment of the deposit,

(a) hold it in accordance with this Act; or

(b) remit it to the director.

Security may be provided

30(2)       A landlord who holds a deposit under clause (1)(a) may provide to the director a bond, financial instrument or other security for the payment of the deposits and interest, in such form and amount and upon such terms and conditions as required by the regulations.

If security not provided and deposit not returned

30(3)       If a landlord who requires a tenant to pay a deposit

(a) holds the deposit but does not provide a bond, financial instrument or other security to the director under subsection (2); and

(b) does not comply with an order made under subsection 154(1) to return all or part of the deposit and interest to the tenant;

the provisions of this Act with respect to enforcement of the director's order or recovery of any payment made to the tenant from the security deposit compensation fund apply.

Deposit remitted to director

30(4)       A deposit remitted to the director under clause (1)(b), and any interest, shall be held in trust.

Director may charge administration fee

30(5)       When a landlord remits a deposit to the director under clause (1)(b), the director may require the landlord to pay a prescribed administration fee.

Director may return deposits to landlord

30(6)       At the request of a landlord, the director may return a deposit that was previously remitted, and interest at the prescribed rate.

S.M. 1992, c. 42, s. 3; S.M. 1993, c. 45, s. 9; S.M. 2009, c. 10, s. 18.

Tenant entitled to interest on deposit

31(1)       A tenant is entitled to interest on a deposit from the date the deposit is paid until it is disbursed, at the rate prescribed by a regulation made by the minister.

Landlord or director entitled to excess interest

31(2)       The landlord, or the director if the director holds the deposit, is entitled to the interest accruing on the deposit that is in excess of the interest payable to the tenant under subsection (1).

S.M. 1993, c. 45, s. 10; S.M. 2009, c. 10, s. 18.

CLAIMS AGAINST DEPOSITS

Claim against security deposit

31.1        A landlord may make a claim under this Act against a security deposit and interest at the prescribed rate for outstanding rent or other compensation payable to the landlord, including expenses incurred for repair of damage and extraordinary cleaning.

S.M. 1993, c. 45, s. 11; S.M. 2009, c. 10, s. 20.

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.

S.M. 2009, c. 10, s. 21.

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.

S.M. 2009, c. 10, s. 21.

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.

S.M. 2009, c. 10, s. 21.

Deposits not subject to garnishment

31.5        A deposit is not subject to garnishment, whether it is held by a landlord or the director for a tenant.

S.M. 2012, c. 30, s. 5.

RETURN OF DEPOSIT HELD BY THE LANDLORD

Return of deposit if no claim by landlord

32(1)       When a landlord who holds a deposit has no claim against it, the landlord shall, within 14 days after the date of termination of the tenancy, return the deposit and interest at the prescribed rate to the tenant.

Landlord to notify tenant of claim

32(2)       When a landlord who holds a deposit wishes to make a claim against the deposit and interest, the landlord shall, within 28 days after the date of termination of the tenancy,

(a) send a written notice setting out the amount of the landlord's claim to the tenant at the tenant's last known address; and

(b) return to the tenant any unclaimed portion of the deposit and interest or, if the tenant cannot be located, comply with subsection 33(1).

Request to director for determination

32(3)       Except when a landlord and tenant have agreed in writing on the disposition of a deposit and interest, either party may apply to the director to determine payment of the deposit and interest.

Landlord may make claim

32(4)       When the director receives an application from a tenant under subsection (3), other than a claim under Part 11 for the deposit, and has not received an application from the landlord making a claim against the deposit and interest, the director shall notify the landlord of the tenant's application and advise the landlord that if the landlord has a claim, the landlord must file an application with the director within

(a) 14 days after the landlord receives the notification from the director; or

(b) 28 days after the date of termination of the tenancy;

whichever is later.

If landlord fails to make claim

32(5)       A landlord who does not make an application in accordance with subsection (4) shall return the deposit and interest to the tenant, but the landlord retains the right to take proceedings against the tenant under Part 11.

Director to determine payment

32(6)       Subject to subsection (7), after receiving an application from a landlord under this section, the director shall determine payment of the deposit and interest.

Determination when tenant not located

32(7)       If under this section a landlord files an application making a claim against the deposit and interest of a tenant who cannot be located, the director shall not make a determination under subsection (6) earlier than 60 days after the date of termination of the tenancy.

Deposit paid to director if tenant not located

32(8)       If the director makes a determination requiring a landlord to return all or part of a deposit and interest to a tenant who cannot be located, the landlord shall pay to the director the amount owing to the tenant.

S.M. 1993, c. 45, s. 12; S.M. 2004, c. 33, s. 8; S.M. 2009, c. 10, s. 23.

Deposit paid to director if no claim by landlord

33(1)       When a landlord who holds a deposit cannot locate the tenant and the landlord has no claim against the deposit, or has a claim for less than the deposit and interest at the prescribed rate, the landlord shall, within 28 days after the date of termination of the tenancy, pay to the director the deposit and interest or that part of the deposit and interest against which the landlord has no claim.

Forfeiture to Crown

33(2)       The director shall hold an amount paid to the director under subsection (1) or subsection 32(8) for a tenant for two years in an account in the Consolidated Fund, and at the end of two years it is forfeited to the Crown and shall be paid into the security deposit compensation fund established under subsection 36(1).

S.M. 1993, c. 45, s. 12; S.M. 1996, c. 59, s. 106; S.M. 2009, c. 10, s. 24.

RETURN OF DEPOSIT HELD BY THE DIRECTOR

Deposit held by director

34(1)       This section and section 35 apply when the director holds a deposit and interest.

Return of deposit if no claim by landlord

34(2)       Subject to subsection (4), when a tenancy is terminated, the director shall return the deposit and interest at the prescribed rate to the tenant unless within 28 days after the date of termination, or such further period as the director may allow, the director receives from the landlord an application making a claim against the deposit and interest.

Landlord to notify tenant of claim

34(3)       A landlord who wishes to make a claim against a deposit and interest shall, within 28 days after the date of termination of the tenancy, send a written notice setting out the amount of the landlord's claim to the tenant at the tenant's last known address.

Payment of deposit when tenant agrees to claim

34(4)       A tenant may agree in writing to the landlord's claim and in that case the landlord shall, within 28 days after the date of termination of the tenancy, or such further period as the director may allow, give a copy of the agreement to the director, and the director shall pay the deposit and interest in accordance with the agreement.

Payment when no agreement

34(5)       When the director receives an application from a landlord under subsection (2) and is not given a copy of an agreement between the landlord and tenant in accordance with subsection (4), the director shall determine payment of the deposit and interest.

Landlord's right under Part 11

34(6)       When the director returns a deposit and interest to a tenant under subsection (2), the landlord retains the right to take proceedings under Part 11.

S.M. 1993, c. 45, s. 12; S.M. 2009, c. 10, s. 26.

When tenant cannot be located

35(1)       A landlord who cannot locate a tenant shall, within 28 days after the date of termination of the tenancy, or such further period as the director may allow,

(a) give the director a statement that the tenant cannot be located; and

(b) if the landlord wishes to make a claim against the deposit and interest at the prescribed rate, file an application with the director setting out the amount of the claim.

Director to determine payment

35(2)       When the director receives an application under clause (1)(b), the director shall, not earlier than 60 days after the date of termination of the tenancy, determine payment of the deposit and interest.

Forfeiture to Crown

35(3)       If the director determines that a person who cannot be located is entitled to payment of all or part of a deposit and interest, the director shall hold the amount owing for the person for two years in an account in the Consolidated Fund, and at the end of two years it is forfeited to the Crown and shall be paid into the security deposit compensation fund established under subsection 36(1).

S.M. 1993, c. 45, s. 12; S.M. 1996, c. 59, s. 106; S.M. 2009, c. 10, s. 27.

SECURITY DEPOSIT COMPENSATION FUND

Security deposit compensation fund

36(1)       There is hereby established in the Consolidated Fund an account to be known as the "security deposit compensation fund".

Unclaimed deposits and other money into fund

36(2)       The director shall credit the security deposit compensation fund with the following money:

(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);

(b) all money that is forfeited to the Crown under subsection 107(3) (unclaimed property sale proceeds);

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

(c) [repealed] S.M. 2009, c. 10, s. 28;

(d) any money paid out of the fund that is recovered by the director under subsection 36.1(5);

(e) any interest earned by the money referred to in clauses (a) to (d).

Payment to tenant from fund if deposit not returned

36(3)       When a landlord has contravened an order of the director under subsection 154(1) to return all or part of a deposit to a tenant, the director may, in accordance with section 36.1, pay the amount owing to the tenant from the security deposit compensation fund.

Balance exceeding $30,000

36(4)       If at any time the balance in the security deposit compensation fund exceeds $30,000., the minister may use the excess to contribute towards the cost of providing educational and other programs for landlords, tenants and the public.

Unexpended balance paid into Consolidated Fund

36(5)       Any balance in the security deposit compensation fund as of March 31 of each year in excess of $30,000. shall, to the extent that in the opinion of the minister it is not required to make future payments described in subsection (3) or to meet future costs of programs described in subsection (4), be paid as revenue into the Consolidated Fund.

S.M. 1993, c. 45, s. 12; S.M. 1996, c. 59, s. 106; S.M. 2009, c. 10, s. 28.

PAYMENT OF UNSATISFIED DEPOSITS FROM FUND

Application for payment from fund

36.1(1)     When

(a) the director makes an order under subsection 154(1) requiring a landlord to return all or part of a deposit and interest to a tenant; and

(b) the order has not been satisfied;

the tenant may apply to the director in writing for payment of the amount owing from the security deposit compensation fund established under subsection 36(1).

Director to determine application

36.1(2)     If, after considering the application, the director determines that

(a) the order referred to in clause (1)(a) has not been satisfied by the landlord; and

(b) there are no reasonable and appropriate procedures available that will allow the order to be satisfied within a reasonable period of time;

the director may pay to the tenant from the security deposit compensation fund, the amount that remains unsatisfied under the order.

Director may postpone payment

36.1(3)     When there is insufficient money in the security deposit compensation fund to make a payment under subsection (2), the director shall postpone making a payment until there is sufficient money in the fund to make the payment.

Director entitled to recover payment from fund

36.1(4)     On making a payment from the security deposit compensation fund under subsection (2), the director may complete a certificate as to the amount of money paid out of the fund and file the certificate in the court, and on filing the certificate is deemed to be a judgment of the court in favour of the director for the purpose of enforcement.

Money recovered paid into compensation fund

36.1(5)     Any money paid out of the security deposit compensation fund that is recovered by the director shall be paid by the director into the security deposit compensation fund.

S.M. 1993, c. 45, s. 12; S.M. 2009, c. 10, s. 30.

OVERHOLDING TENANTS AND ASSIGNMENTS

Date of termination: overholding tenant

37(1)       In the case of a tenant who continues to occupy a rental unit after the date of termination, the date of termination under this Part is deemed to be the day the tenant ceases to occupy the rental unit.

Date of termination: assignment

37(2)       In the case of a tenant who assigns a tenancy agreement under Part 4, the date of termination under this Part is deemed to be the date the assignment takes effect.

SET-OFF OF DEPOSIT

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.

S.M. 2009, c. 10, s. 32.

CONDITION REPORTS

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.

Inspection

39(2)       When a request is made under subsection (1), the landlord and tenant shall

(a) inspect the rental unit on or before the date the tenancy begins and again on termination of the tenancy;

(b) if the request is made at the time of a subletting or an assignment, inspect the rental unit at that time; and

(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.

Completion of condition report

39(3)       After an inspection under subsection (2), the landlord shall complete a condition report in the prescribed form accurately recording the results of the inspection, the landlord and tenant shall both sign and date it and the landlord shall ensure that the tenant is given a signed copy.

Purpose of condition report

39(4)       A condition report completed in accordance with this section may be considered for the purpose of resolving disputes arising under this Act.

S.M. 1993, c. 45, s. 13; S.M. 2009, c. 10, s. 33.

PART 4

CHANGE OF TENANT OR LANDLORD

GENERAL

Change of landlord

40          Subject to this Part and The Life Leases Act, when there is a change of landlord, all benefits and obligations arising under this Act or The Life Leases Act, and any additional benefits and obligations arising under a written tenancy agreement, bind the new landlord.

S.M. 1998, c. 42, s. 63.

Change of tenant

41          Subject to this Part and The Life Leases Act, when there is an assignment or subletting of a tenancy agreement by a tenant, all benefits and obligations arising under this Act or The Life Leases Act, and any additional benefits and obligations arising under a written tenancy agreement, bind the new tenant or sub-tenant.

S.M. 1998, c. 42, s. 64.

ASSIGNMENT AND SUBLETTING

Right to assign or sublet

42(1)       A tenant may, with the landlord's consent, transfer his or her right to occupy the rental unit to another person, but the transfer may only be one of the following types:

1.

If the tenant does not intend to return to the rental unit, the tenant may give up all of his or her interest in the rental unit to the other person, in which case the transfer is called an assignment.

2.

If the tenant intends to return to the rental unit, the tenant may give the right to occupy the rental unit to the other person for a term ending on a specified date before the end of the tenant's term, in which case the transfer is called a subletting.

Exception

42(2)       A tenant may not sublet a rental unit or assign a tenancy agreement in respect of

(a) subsidized housing; or

(b) a caretaker's or an employee unit.

Prohibition

42(3)       Despite subsection (1), the occupancy right under subsection 5(2.8) or (2.9) of The Condominium Act may not be assigned.

Prohibited assignment of life lease

42(4)       Except as otherwise provided by The Life Leases Act, a tenant may not assign a life lease if the assignment is prohibited by the terms of the lease.

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.

S.M. 1998, c. 42, s. 65; S.M. 2009, c. 10, s. 34; S.M. 2011, c. 30, Sch. B, s. 4.

Consent

43(1)       An assignment or subletting is not valid unless the landlord gives written consent, which the landlord shall not withhold unreasonably.

No charge for consent

43(2)       A landlord shall not request or receive any consideration, directly or indirectly, for giving a consent, other than for the landlord's prescribed expenses.

Form of consent to assign or sublet

43(3)       A consent to assign or sublet must be in the prescribed form and must be signed by the landlord.

Form of assignment

44(1)       An assignment must be in the prescribed form and must be signed by the tenant and the new tenant and, if there is a written tenancy agreement, a copy must be attached.

Form of subletting agreement

44(2)       An agreement to sublet must be in the prescribed form and must be signed by the tenant and the sub-tenant and, if there is a written tenancy agreement, a copy must be attached.

When assignment or subletting takes effect

45          An assignment or subletting takes effect on the date the new tenant or sub-tenant is entitled to occupy the rental unit.

Improper assignment or subletting

46(1)       If a transfer of the right to occupy a rental unit does not comply with section 43, possession of the rental unit by the occupant does not constitute a tenancy agreement between the landlord and the occupant, but the occupant is nevertheless bound by the obligations of the tenant who transferred the right to occupy the rental unit.

Exception

46(2)       Despite subsection (1), if a landlord indicates an intention to accept the occupancy as an assignment or a subletting under this Act, the transfer of occupancy is deemed to have been validly made from the time the new tenant or sub-tenant first occupied the rental unit.

Delivery of tenancy agreement

46(3)       When a transfer of occupancy is deemed to be an assignment or subletting under subsection (2), the landlord or the tenant shall, upon request, give the new tenant or sub-tenant a copy of any written tenancy agreement respecting the rental unit.

Prohibitions re subletting and assignment

47          A tenant shall not

(a) sublet the rental unit for a rent that is greater than the rent the landlord may lawfully charge;

(b) sublet any part of the rental unit for a rent which together with the rents payable for the other parts of the rental unit is greater than the rent the landlord may charge for the rental unit;

(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

(c) [repealed] S.M. 1993, c. 45, s. 14;

(d) request or receive from a new tenant or sub-tenant a payment or other consideration for the assignment or subletting of a rental unit other than reimbursement for rent, a tenant services charge or other charge payable by a tenant in accordance with this Act.

S.M. 1993, c. 45, s. 14; S.M. 2009, c. 10, s. 35.

Consequences of assignment

48          When there is an assignment under this Act,

(a) the new tenant is liable to the landlord for any contravention of the tenant's obligations under the tenancy agreement or this Act, if the contravention relates to the period after the assignment, whether or not the contravention began before the assignment;

(b) the new tenant is entitled to enforce against the landlord any obligation of the landlord under this Act or the tenancy agreement, if the contravention relates to the period after the assignment, whether or not the contravention began before the assignment;

(c) the former tenant is liable to the landlord for any contravention of the tenant's obligations under the tenancy agreement or this Act, if the contravention relates to the period before the assignment; and

(d) the former tenant is entitled to enforce against the landlord any obligation of the landlord under the tenancy agreement or this Act, if the contravention relates to the period before the assignment.

Consequences of subletting

49          When there is a subletting under this Act,

(a) the tenant remains entitled to the benefits, and is liable to the landlord for any contravention of the tenant's obligations under this Act and the tenancy agreement, during the term of the subletting; and

(b) the sub-tenant is entitled to the benefits, and is liable to the tenant for any contravention of the sub-tenant's obligations under this Act, the tenancy agreement and the subletting agreement, during the term of the subletting.

When subletting terminated

50(1)       Subject to subsection (2), a subletting is terminated on the date agreed between the tenant and sub-tenant.

Failure to terminate subletting

50(2)       If for a period of 60 days after the end of a term of subletting, a sub-tenant continues to occupy a rental unit without positive steps being taken by the tenant or landlord to obtain possession, a valid assignment to the sub-tenant is deemed to have taken place as of the date the sub-tenant first occupied the unit under the subletting agreement except that, for the purpose of Part 3, an assignment is deemed to have taken place 60 days after the end of the term of subletting.

CHANGE OF LANDLORD

New landlord to inform tenants of change

51(1)       When the landlord of a residential complex changes, the new landlord shall, on assuming possession of the residential complex, give each tenant a notice in writing in the prescribed form

(a) setting out

(i) the new landlord's legal name, telephone number and address for giving documents, or

(ii) the name, address and telephone number of the new landlord's agent responsible for making repairs and collecting rent and any tenant services charges on the landlord's behalf; and

(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.

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.

Transfer of deposits

51(2)       When the landlord of a residential complex changes, a former landlord who holds any deposits shall

(a) pay to the new landlord, upon the new landlord's assuming possession of the residential complex, the deposits and interest at the prescribed rate that has accrued to the date of possession; and

(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.

51(3)       [Repealed] S.M. 1993, c. 45, s. 15.

Person entitled to payment

51(4)       A tenant may continue without prejudice to pay rent and, if applicable, the tenant services charge to the landlord until he or she receives the written notice required under subsection (1).

If tenant uncertain

51(5)       A tenant who is uncertain as to who is entitled to be paid the rent and, if applicable, the tenant services charge may apply to the director for a determination, and the director may

(a) determine to whom payment is to be made; or

(b) if the director is unable to determine the person to whom payment should be made, make a decision or order that the tenant pay 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.

S.M. 1993, c. 45, s. 15; S.M. 2009, c. 10, s. 36.

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.

Obligation re excess rents

52(2)       A new landlord is liable to a tenant for contravention of an obligation by a former landlord to repay rent paid by the tenant

(a) that exceeds the amount permitted under Part 9; and

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

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.

Obligation re deposits

52(3)       A new landlord is liable to pay to a tenant a deposit or part of a deposit and interest due to the tenant but not paid by a former landlord.

Right of recovery by new landlord

52(4)       Subject to an agreement to the contrary between the new and former landlord, if a new landlord is found liable for the contravention of an obligation of a former landlord under subsection (2), (2.1) or (3), the new landlord is entitled to recover the money paid from the former landlord.

S.M. 2009, c. 10, s. 37.

PART 5

BENEFITS AND OBLIGATIONS

MUTUAL OBLIGATIONS

Duty to provide doors and locks

53(1)       A landlord shall provide and maintain sufficient doors, locks and other devices to make a rental unit reasonably secure.

Change of locks or doors: rental unit

53(2)       A landlord or a tenant shall not, except with the other's consent, change or interfere with a lock, door or other device that has been installed to secure a rental unit, and neither the landlord nor the tenant shall withhold consent unreasonably.

Change of locks or doors: residential complex

53(3)       A landlord or a tenant shall not change or interfere with the operation of a lock, door or other device installed to secure a residential complex if to do so unreasonably interferes with the other's right of access to the residential complex.

Landlord's right to enter rental unit

54(1)       A landlord shall not enter a rental unit occupied by a tenant under a tenancy agreement except where

(a) an emergency exists and entry to the rental unit is necessary;

(b) the tenant consents to the entry;

(c) the landlord shows the rental unit to a prospective tenant after notice of termination is given under this Act but before the tenant has vacated the unit;

(d) the landlord inspects the rental unit on the day the tenant is required to vacate the unit to complete a rental unit condition report or to determine if the tenant has fulfilled the tenant's obligations under this Act and the tenancy agreement, and the inspection takes place at a reasonable time;

(e) the landlord in good faith believes that the rental unit has been abandoned by the tenant and gives written notice to the tenant in accordance with subsection (2);

(f) the landlord gives written notice in accordance with subsection (3) and entry is for one of the following purposes:

(i) to perform an obligation of the landlord under this Act or the tenancy agreement or to inspect the rental unit to determine if an obligation should be performed,

(ii) to complete a rental unit condition report if the tenant has requested the landlord's consent to an assignment or subletting,

(iii) to permit a mortgagee or insurer or prospective mortgagee or insurer to inspect the unit when a mortgage or insurance coverage is being arranged or renewed on the residential complex, or

(iv) to show the rental unit to prospective purchasers of the rental unit or residential complex;

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

Notice requirement for entry: abandoned unit

54(2)       A landlord who intends to enter a rental unit under clause (1)(e)

(a) shall leave a notice at the rental unit, not less than 24 hours before the first time of entry, specifying that the landlord believes in good faith that the rental unit has been abandoned and intends to enter at a specified day and hour unless the tenant notifies the landlord before that time that the rental unit has not been abandoned; and

(b) may enter the rental unit only if he or she does not receive a notice from the tenant before the specified time of intended entry.

Notice requirements for entry

54(3)       For the purpose of clause (1)(f), a notice of entry by a landlord shall

(a) specify the purpose of entry and the time or times of entry, which must be reasonable; and

(b) be given not less than 24 hours and not more than 2 weeks before

(i) the time of entry specified in the notice, or

(ii) if more than 1 time of entry is specified, the first time specified.

Objection by tenant to notice

54(4)       Unless the tenant objects to the days and hours set out in a notice under subsection (3) and specifies reasonable alternative days and hours, the landlord may enter in accordance with the notice.

S.M. 1993, c. 45, s. 16; S.M. 2009, c. 10, s. 38.

Compensation for breach of Act or agreement

55(1)       A landlord or a tenant who breaches a tenancy agreement or contravenes this Act is liable to compensate the other party to the agreement for loss suffered by that party as a result of the breach or contravention.

Duty to minimize losses

55(2)       When a landlord or a tenant becomes liable to compensate another person, the person entitled to claim compensation has a duty to minimize his or her losses.

Landlord's duty to re-rent unit

55(3)       Without limiting subsection (2), when a tenant abandons a rental unit, the landlord shall endeavour to re-rent the unit as soon as practicable.

LANDLORD'S OBLIGATIONS

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.

S.M. 2009, c. 10, s. 39.

Notice that rental unit is unit under Condominium Act

56.1(1)     Before a prospective tenant enters into a tenancy agreement for a rental unit that is a unit under The Condominium Act, the landlord must give the tenant written notice that the rental unit is a unit in a property governed by that Act.

Consequence if notice not given

56.1(2)     If a landlord fails to comply with subsection (1), the tenant is entitled to continue to occupy the rental unit for at least two years from the date that the landlord gives the tenant the required notice.

Obligation — condominium documents

56.1(3)     When the rental unit is a unit under The Condominium Act, the landlord must give the tenant

(a) at the time the tenancy agreement is entered into or the landlord consents to a subletting or assignment, a copy of each provision of the declaration with which the tenant must comply and a copy of the by-laws and the rules, if any, of the corporation; and

(b) within 21 days after the landlord receives these documents from the corporation, a copy of any amendment to a provision of the declaration with which the tenant must comply, a by-law or a rule.

Exception

56.1(4)     Subsection (3) does not apply when the landlord is the owner of all the units in the condominium complex where the rental unit referred to in subsection (1) is located.

S.M. 1997, c. 35, s. 14; S.M. 2011, c. 30, Sch. B, s. 5; S.M. 2012, c. 30, s. 6.

Acknowledgement of receiving payment

57          On receiving rent or a tenant services charge, in cash, a landlord shall give the tenant, or the person who pays it on behalf of the tenant, a written acknowledgement of receipt setting out the amount received, the day it was received and the address of the rental unit and residential complex for which it was given.

S.M. 2009, c. 10, s. 40.

Obligation to maintain appearance

58          Subject to any obligations of the tenant under this Act, a landlord shall maintain the appearance of the rental unit in a proper and suitable condition for occupancy having regard to the length of the tenancy.

Obligation to repair

59(1)       During a tenancy, a landlord shall provide and maintain

(a) the rental unit and the residential complex; and

(b) the services and facilities expressly or impliedly promised by the landlord, whether or not included in a written tenancy agreement;

in a good state of repair, fit for habitation and in a state that complies with health, building and maintenance and occupancy standards required by law.

Knowledge of non-repair immaterial

59(2)       Subsection (1) applies regardless of whether a state of non-repair, unfitness for habitation, or contravention of a health, building or maintenance and occupancy standard existed to the knowledge of the tenant before the tenancy agreement was entered into.

Orders respecting repair

59(3)       A certified copy of a final order made under an Act, regulation or by-law requiring that

(a) a rental unit or a residential complex; or

(b) services and facilities expressly or impliedly promised by the landlord, whether or not included in a written tenancy agreement;

be put in a state that complies with health, building or maintenance and occupancy standards may be filed with the director, and on filing is deemed to be a decision or order of the director under subsection 154(1) for the purpose of making a decision or order under subsection 154(1) or (2).

Definition of "final order"

59(4)       In subsection (3), "final order" means an order, notice or similar directive in respect of which

(a) there is no right of appeal;

(b) any relevant appeal period has expired and no appeal has been taken or an appeal has been taken but has been withdrawn or abandoned; or

(c) any right of appeal has been exhausted.

Compensation for unreasonable delay

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

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

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

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

S.M. 2005, c. 35, s. 5.

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.

S.M. 2009, c. 10, s. 41.

Duty not to withhold vital services

60(1)       A landlord shall not withhold or cause to be withheld the supply of a vital service such as heat, gas, electricity, hot and cold water or other public utility that the landlord is obligated to supply under the tenancy agreement, or deliberately interfere with the supply of a vital service whether or not it is the landlord's obligation to supply it.

Notice if utility to be discontinued

60(2)       No corporation, including a municipal corporation, that supplies a public utility to a building or mobile home park that the corporation has reason to believe is a residential complex in which one or more rental units are occupied shall stop or interfere with the supply to the residential complex or a rental unit that is occupied because of the landlord's failure to pay a rate or charge due to the corporation unless the corporation, before the day on which the supply is to be stopped or interfered with, advises the director in writing of its intention to do so.

Role of director in preventing discontinuance

60(3)       When the director receives a notice under subsection (2), or when the director is otherwise notified that the supply of a public utility to a residential complex or a rental unit has been or is likely to be stopped or interfered with, the director may, if he or she is of the opinion that the landlord of the residential complex has contravened or is likely to contravene an obligation to supply the public utility to the residential complex, make an order prohibiting the corporation from stopping or interfering with the supply for a time, and under any conditions, that the director considers appropriate.

S.M. 2004, c. 33, s. 9.

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.

Services not specified in agreement

61(2)        If services and facilities or any tenant services are reasonably related to the continued use and occupancy of a rental unit, but are not expressly or impliedly provided for in the tenancy agreement, the landlord shall ensure that they are continued.

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.

Substitution of service

61(4)       If any services and facilities or any tenant services are provided under a tenancy agreement, the director may, on application by the landlord, make an order authorizing the substitution of equivalent services and facilities or tenant services.

S.M. 2009, c. 10, s. 42.

Landlord's duty not to interfere with enjoyment

62(1)       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.

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.

S.M. 2009, c. 10, s. 43; S.M. 2013, c. 13, s. 3.

No seizure of tenant's property

63          A landlord shall not seize the personal property of a tenant for a contravention by the tenant of the tenancy agreement or this Act, including the obligation to pay rent or a tenant services charge.

S.M. 2009, c. 10, s. 44.

64          [Repealed]

S.M. 1993, c. 45, s. 17.

Restraint of trade prohibited

65(1)       Except as provided in subsection (2), a landlord shall not restrict the right of a tenant to purchase goods or services from a person of his or her choice.

When tradesperson may be prohibited from entry

65(2)       If a tradesperson has

(a) unduly disturbed the peace and quiet of the residential complex; or

(b) failed to observe reasonable rules of conduct established by the landlord despite a request by the landlord to discontinue the conduct;

the landlord may restrict or prohibit the entry of the tradesperson into the residential complex.

Access by persons invited by tenant

66(1)       A landlord shall not unreasonably restrict access to a rental unit or reasonable access to and use of common areas in the residential complex by persons entering the residential complex with the express or implied consent of a tenant of the rental unit.

Access for candidates and representatives

66(2)       A landlord shall not restrict reasonable access to rental units or a residential complex between 9:00 a.m. and 9:00 p.m. to any of the following persons for the purposes set out below:

(a) a candidate for election to the House of Commons, the Legislative Assembly, or any office in a municipal government, local government district, school board or other similar body, or a candidate's authorized representative, in order to canvass tenants or deliver election materials;

(b) a member of the House of Commons, a member of the Legislative Assembly or the holder of an elected office with a municipal government, local government district, school board or other similar body, in order to contact tenants on matters related to his or her elected office.

S.M. 2006, c. 15, Sch. E, s. 2.

Landlord to investigate complaints

67          If a person informs the landlord that a contravention of an obligation imposed by section 73 (tenant's duty not to disturb others) or 74 (tenant's duty not to impair others' safety) has occurred or is likely to occur, the landlord shall without delay enquire into the complaint and make a reasonable effort to remedy the situation.

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.

S.M. 2009, c. 10, s. 45.

Rent increase with intent to evict

68(1)       A landlord shall not increase the rent for a rental unit that

(a) is in a hotel, motel, inn, tourist home, hostel or other similar accommodation;

(b) is a room provided as living accommodation in a boarding house; or

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

with the expectation or intention that the increase will cause the tenant to vacate the rental unit.

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.

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.

Disclosure of estimated rent and tenant services charge

68(3)       A landlord who gives a tenant

(a) a notice of termination of a tenancy for the purpose of renovation under clause 99(1)(b); or

(b) a notice of an application for approval of a rehabilitation scheme under subsection 133(4);

shall, at the time of giving the notice, provide the tenant in writing with a reasonable estimate of the rent (net of any rent discount), and any tenant services charge, that will be payable following the completion of the renovation or the rehabilitation scheme.

Estimated amount unreasonable

68(4)       For the purpose of subsection (3), the estimated amount of the rent (net of any rent discount), and any tenant services charge, is presumed to be unreasonable if

(a) it causes the tenant

(i) not to exercise a right of first refusal in the case of a notice of termination given under clause 99(1)(b), or

(ii) to vacate the rental unit in the case of a notice given under subsection 133(4); and

(b) the landlord does not, within two months of the date the renovated or rehabilitated rental unit is available for rent, enter into a tenancy agreement in good faith with a new tenant under which the rent (net of any rent discount) and any tenant services charge payable by the new tenant is more than 90% of the estimated amount.

Landlord's duty to disclose

68(5)       At the written request of a former tenant or the director, a landlord shall disclose in writing to the tenant or the director

(a) whether the rental unit formerly occupied by the tenant was re-rented

(i) within two months of the date the tenant vacated it, or

(ii) within two months of the date it became available for rent, if subsection (3) applies; and

(b) the rent (net of any rent discount) and any tenant services charge being paid by the new tenant.

Landlord's liability

68(6)       If a landlord contravenes subsection (1), (1.1) or (3), the director may, on application by a tenant, 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 increased rent and, if applicable, the increased tenant services charge that the tenant is or may be obliged to pay because of the termination, for up to 12 months.

S.M. 2005, c. 35, s. 6; S.M. 2009, c. 10, s. 46; S.M. 2012, c. 30, s. 7.

Right of first refusal

68.1        Where a life lease has been terminated under clause 15(2)(a) of The Life Leases Act, and the tenant remains in occupancy of his or her rental unit under subsection 15(3) of that Act, no person to whom a certificate of title has been issued under The Condominium Act for the rental unit shall sell the rental unit to a person other than the tenant, unless the tenant has been given an option, exercisable at any time within a period of at least 30 days after the date of receipt of the option, to purchase the rental unit at a price not exceeding the price at which the unit will be offered for sale and on terms that are not less favourable.

S.M. 1998, c. 42, s. 66.

TENANT'S OBLIGATIONS

Duty to pay rent and tenant services charge

69(1)       A tenant shall pay the rent and any tenant services charge to the landlord on the dates specified in the tenancy agreement.

Right to withhold payment for non-compliance with standards

69(2)       If under an order, notice or similar directive of a provincial or municipal authority made under the authority of a statute, a tenant is required to vacate a rental unit because the rental unit or the residential complex does not comply with health, building or maintenance and occupancy standards, the tenant's obligation to pay rent and any tenant services charge is suspended, and the tenant may withhold payment as long as the order, notice or similar directive is in effect.

Payment to director

69(3)       For the purposes of subsection (1), when a tenant pays rent or a tenant services charge to the director in accordance with an order made by the director under this Act, the payment to the director is deemed to be payment to the landlord.

Landlord may impose late payment fee

69(4)       When a tenant fails to pay the rent or a tenant services charge on a date specified in the tenancy agreement, the landlord may require the tenant to pay a late payment fee determined in accordance with the regulations.

S.M. 1993, c. 45, s. 18; S.M. 2009, c. 10, s. 47.

Obligation to keep unit clean

70          A tenant shall maintain ordinary health, cleanliness and sanitation standards in the rental unit and the residential complex.

No alteration or redecoration without consent

71(1)       A tenant shall not alter or redecorate a rental unit or residential complex without the prior consent of the landlord.

Consent subject to conditions

71(2)       A landlord who gives consent under subsection (1) may do so subject to reasonable conditions, and the tenant shall comply with those conditions when making alterations or redecorating.

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.

S.M. 1993, c. 45, s. 19; S.M. 2009, c. 10, s. 48.

Duty not to disturb others

73          A tenant shall not unreasonably disturb, or allow another person the tenant permits in the residential complex to unreasonably disturb,

(a) the enjoyment for all usual purposes of the residential complex or any other rental unit by the landlord, another tenant or occupant of the residential complex, or a person permitted in the residential complex by any of those persons;

(b) the enjoyment of adjacent property for all usual purposes by occupants of that property; and

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

S.M. 2009, c. 10, s. 49.

Duty not to impair safety or interfere with rights

74          A tenant or a person the tenant permits in the residential complex must not by act or omission

(a) impair the safety of the landlord, another tenant or occupant of the residential complex, or a person permitted in the residential complex by any of those persons; or

(b) interfere with the lawful right or interest of the landlord, another tenant or occupant of the residential complex, or a person permitted in the residential complex by any of those persons.

S.M. 2012, c. 30, s. 9.

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.

S.M. 2013, c. 13, s. 4.

Additional obligations and rules

75          A tenant shall comply with an additional obligation or rule imposed on the tenant in accordance with section 11.

Additional obligations under Condominium Act

75.1(1)     A tenant of a rental unit that is a unit under The Condominium Act shall comply with that Act, and the declaration, by-laws and rules of the corporation that are referred to in that Act.

Additional obligation to ensure compliance

75.1(2)     A tenant of a rental unit that is a unit under The Condominium Act shall take all reasonable steps to ensure that any person that he or she permits in the condominium complex complies with that Act, and the declaration, by-laws and rules of the corporation that are referred to in that Act.

Exception

75.1(3)     Subsections (1) and (2) do not apply when the landlord is the owner of all the units in the condominium complex where the rental unit referred to in subsection (1) is located.

S.M. 2011, c. 30, Sch. B, s. 6.

Overcrowding

76          A tenant shall not permit so many persons to occupy the rental unit on a continuing basis that a contravention of health, safety or housing standards set out in law or in the tenancy agreement results.

Removal of belongings

76.1        A tenant who vacates or abandons a rental unit shall remove his or her personal property unless the tenant makes an agreement with the landlord for the storage of any personal property that is not removed.

S.M. 1993, c. 45, s. 20.

Installation and removal of fixtures

77          A tenant shall, before vacating or abandoning the rental unit, repair or compensate the landlord for any damage done to the rental unit by the installation or removal of personal property.

S.M. 1993, c. 45, s. 21.

No misrepresentation by tenant

78          A tenant shall not knowingly misrepresent the rental unit, the residential complex or, if applicable, the tenant services to a prospective tenant or purchaser of the rental unit or residential complex.

S.M. 2009, c. 10, s. 50.

PART 6

TERMINATION OF TENANCY AGREEMENTS

GENERAL PROVISIONS

Interpretation

79          For the purpose of this Part, a rental payment period that exceeds 1 month is deemed to be 1 month.

Restriction on termination of tenancy

80(1)       A tenancy may not be terminated except in accordance with this Part.

Restriction on recovery of possession

80(2)       Unless a tenant has vacated or abandoned a rental unit, the landlord shall not regain possession of the rental unit except in accordance with a writ of possession issued under subsection 157(2).

Exception

80(3)       When possession by an occupant of a rental unit is not pursuant to a tenancy agreement, the landlord is not required to regain possession in accordance with subsection (2), but may elect to do so.

S.M. 1993, c. 45, s. 22; S.M. 2004, c. 33, s. 10.

Termination by agreement

81          When a landlord and tenant agree in writing after a tenancy agreement is made to terminate the tenancy on a specified date, the tenancy is terminated on the specified date without further notice.

Termination on abandonment by tenant

82(1)       A tenancy is terminated when the tenant abandons the rental unit, but the tenant remains liable, subject to subsections 55(2) and (3) (landlord's duty to minimize losses), to compensate the landlord for loss of future rent, and, if applicable, future tenant services charges, that would have been payable under the tenancy agreement.

Landlord entitled to administration fee

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

S.M. 2005, c. 35, s. 7; S.M. 2009, c. 10, s. 51.

Overholding tenant

83          When a tenancy agreement is terminated in accordance with this Part and the tenant continues to occupy the rental unit after the date of termination, the landlord and tenant continue to be bound by the tenancy agreement and the tenant is liable to compensate the landlord for the period the tenant continues to occupy the unit.

NOTICES OF TERMINATION

Notice of termination

84(1)       A notice of termination by a landlord must be in the prescribed form and signed by the landlord.

Information missing from notice

84(1.1)     Despite subsection (1), if a landlord's notice of termination omits any information required on the prescribed form, the director may issue an order terminating the tenancy if the director is of the opinion that the omitted information has not resulted in an unfairness to the tenant who received the notice.

Notice of termination by tenant

84(2)       A notice of termination by a tenant may be oral or in writing but must

(a) identify the rental unit to which the notice applies;

(b) state the date on which the tenancy is to terminate; and

(c) be signed by the tenant if the tenant's notice is in writing.

Landlord may require tenant to give written notice

84(3)       A landlord may require a tenant who gives oral notice of termination to sign a written notice of termination by

(a) producing a notice to the tenant setting out the terms of the tenant's oral notice and requesting the tenant's signature; and

(b) advising the tenant that the tenancy is not terminated if the tenant fails to sign the notice;

and if the tenant fails to sign, the notice of termination is void.

84(4)       [Repealed] S.M. 2012, c. 30, s. 10.

S.M. 2012, c. 30, s. 10.

85          [Repealed]

S.M. 2009, c. 10, s. 52; S.M. 2012, c. 30, s. 11.

TERMINATION BY TENANT

Termination by failing to renew: written agreement with fixed term

86          If a written tenancy agreement, other than a life lease, specifies a date for it to end, and the tenant does not renew the tenancy under section 21, the tenancy is terminated on the specified date.

S.M. 1998, c. 42, s. 67.

Termination by giving notice: oral or implied agreement with fixed term

87(1)       If a tenancy agreement is not in writing but the parties have specified a date for it to end, the tenant may terminate the tenancy on the specified date by giving the landlord a notice of termination that is not less than 1 rental payment period.

Termination by giving notice: agreement without fixed term

87(2)       A tenant may terminate a tenancy agreement, other than a life lease, that does not specify a date for it to end 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.

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).

Termination by giving notice: life lease

87(3)       A tenant may terminate a life lease by giving the landlord a notice of termination effective no earlier than

(a) the end of the third month after the month in which the notice is given; or

(b) such earlier time as is provided for in the life lease.

Limitation

87(4)       A life lease may provide that the period of notice required under this Act does not begin before the tenant's possession date as defined in The Life Leases Act.

Termination by giving notice: deemed renewal

87(5)       A tenant may terminate a tenancy agreement that is deemed to be renewed under subsection 21(5) or section 22 by giving the landlord a notice of termination on or before the last day of a rental payment period, to be effective not earlier than the last day of the following rental payment period.

S.M. 1998, c. 42, s. 68; S.M. 2005, c. 35, s. 8; S.M. 2009, c. 10, s. 53.

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.

S.M. 2009, c. 10, s. 54.

Termination for landlord's failure to give possession

88(1)       If a landlord fails to give vacant possession of the rental unit on the day the tenancy begins, the tenant may terminate the tenancy without notice to the landlord.

Application to life leases

88(2)       Subsection (1) does not apply to a life lease entered into before the occupancy date, as defined in The Life Leases Act, of the residential complex in which the rental unit is located.

S.M. 1998, c. 42, s. 69.

Termination for landlord's contravention of Act or tenancy agreement

89(1)       A tenant may give the landlord a notice of termination if

(a) the landlord contravenes or fails to comply with any of the following provisions of this Act:

(i) [repealed] S.M. 1993, c. 45, s. 23,

(ii) subsection 53(1) (duty to provide doors and locks),

(iii) subsection 53(2) (change of locks or doors:  rental unit),

(iv) subsection 53(3) (change of locks or doors:  residential complex),

(v) subsection 59(1) (landlord's obligation to repair),

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

(vi) subsection 60(1) (duty not to withhold vital services),

(vii) subsection 61(1) (duty not to withhold services),

(viii) subsection 61(2) (services not specified in agreement),

(ix) subsection 62(1) (duty not to interfere with enjoyment),

(x) section 113 (additional duties re mobile homes),

and the landlord fails to remedy the contravention within a reasonable time after receiving written notice to do so by the tenant; or

(b) the landlord breaches a material term of the tenancy agreement and fails to remedy the breach within a reasonable time after receiving written notice to do so by the tenant.

Length of notice

89(2)       Except as provided in subsections (3) and (4), a notice of termination under subsection (1) must not be less than 1 rental payment period effective on the last day of a rental payment period.

Notice when risk to health or safety

89(3)       If a contravention or breach referred to in subsection (1) poses a risk to the health or safety of a tenant or occupant of a rental unit, the tenant may give a notice of termination to be effective not earlier than 5 days after the notice is given.

Notice to remedy not required under subsection (3)

89(3.1)     Despite subsection (1), a tenant may give notice under subsection (3) without first giving the landlord written notice to remedy the breach or contravention.

Notice when rental unit uninhabitable

89(4)       If a contravention or breach referred to in subsection (1) makes a rental unit or the residential complex uninhabitable, the tenant may give a notice of termination effective immediately.

S.M. 1993, c. 45, s. 23; S.M. 2004, c. 33, s. 11; S.M. 2009, c. 10, s. 55; S.M. 2013, c. 13, s. 5.

Termination for landlord's withholding consent to assign or sublet

90(1)       A tenant may give the landlord a notice of termination if the landlord unreasonably withholds consent to assign or sublet the rental unit under subsection 43(1).

Length of notice

90(2)       A notice of termination under subsection (1) must be not less than 1 rental payment period effective on the last day of a rental payment period.

Termination for increased rent

91(1)       A tenant who enters into a fixed term tenancy agreement that increases the rent by more than the maximum increase permitted by the regulations may terminate the tenancy by giving notice in accordance with subsection (3) and section 91.2 if the tenancy agreement was entered into before a determination was made of the appropriate amount of the increase under Part 9.

91(2)       [Repealed] S.M. 2005, c. 35, s. 9.

Length of notice

91(3)       A notice of termination under subsection (1) must not be less than 2 rental payment periods effective on the last day of a rental payment period.

S.M. 2004, c. 33, s. 12; S.M. 2005, c. 35, s. 9.

Termination after application for rehabilitation scheme

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

S.M. 2005, c. 35, s. 10.

When notice of termination to be given

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

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

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

S.M. 2005, c. 35, s. 10.

Termination for tenant's inability to pay

92          If the income of a tenant or one of a group of tenants of a rental unit is so reduced because of deterioration of the tenant's health that it is not reasonably sufficient to pay the rent and any tenant services charge in addition to the tenant's other reasonable expenses or, if there is more than one tenant, the tenant's portion of those amounts, the tenant or tenants may terminate the tenancy by giving the landlord

(a) a notice of termination that is not less than 1 rental payment period effective on the last day of a rental payment period; and

(b) a certificate of a medical practitioner evidencing the deterioration of health.

S.M. 2009, c. 10, s. 56.

Interpretation: Canadian Forces member or member of the armed forces of another country

92.1(1)     For the purposes of this section, a person is

(a) a Canadian Forces member if he or she is a member of

(i) the regular or a special force of the Canadian Forces, or

(ii) the reserve force of the Canadian Forces on or proceeding on full-time training or service or on active service; and

(b) a member of the armed forces of a country other than Canada if he or she is

(i) assigned to military duties with the Canadian Forces, or

(ii) attending a training course in Manitoba provided by the Canadian Forces.

Termination re Canadian Forces members and members of the armed forces of another country

92.1(2)     A tenant of a rental unit may terminate the tenancy by giving notice in accordance with subsection (3) if the tenant is

(a) a Canadian Forces member as described in clause (1)(a) who is posted to a location that is at least 50 kilometres from the rental unit after the tenancy agreement is entered into;

(b) a member of the armed forces of a country other than Canada as described in clause (1)(b) who has ceased to be assigned to military duties with the Canadian Forces or whose training course has ended; or

(c) a person who resides with a member described in clauses (a) or (b), if

(i) the person is the spouse or common-law partner of the member, and

(ii) the member is named as an occupant in the tenancy agreement.

Notice and certificate from official required

92.1(3)     To terminate a tenancy under subsection (2), the tenant must give the landlord

(a) a notice of termination that is not less than the prescribed period of notice; and

(b) a certificate in the form approved by the director from an official with the Canadian Forces confirming that the tenant or the spouse or common-law partner of the tenant, as the case may be, is

(i) a Canadian Forces member as described in clause (1)(a) who has been posted to a location that is at least 50 kilometres from the tenant's rental unit, or

(ii) a member of the armed forces of a country other than Canada as described in clause (1)(b) who has ceased to be assigned to military duties with the Canadian Forces or whose training course has ended.

S.M. 2011, c. 46, s. 2.

Interpretation: "domestic violence" and "stalking"

92.2        In sections 92.3 and 92.4, "domestic violence" and "stalking" have the same meaning as in section 2 of The Domestic Violence and Stalking Act.

S.M. 2011, c. 46, s. 2.

Termination for domestic violence or stalking

92.3(1)     A tenant of a rental unit may terminate the tenancy by giving notice in accordance with subsection (2) if, because of domestic violence or stalking, the tenant believes that his or her own safety, or that of a dependent child of the tenant, is at risk if the tenancy continues.

Notice and certificate from designated authority required

92.3(2)     To terminate a tenancy because of domestic violence or stalking, the tenant must give the landlord

(a) a notice of termination that is not less than one rental payment period, effective on the last day of the rental payment period; and

(b) a certificate signed by a designated authority appointed under section 92.4 confirming that there are grounds for terminating the tenancy.

S.M. 2011, c. 46, s. 2.

Appointment of designated authority

92.4(1)     The minister may appoint a person to act as the designated authority under this section.

Power to delegate

92.4(2)     The designated authority may authorize one or more employees of the government to exercise the powers and carry out the duties of the designated authority, in addition to the designated authority.

When designated authority may issue certificate

92.4(3)     A designated authority may issue a certificate to a tenant for the purpose of section 92.3 if

(a) the authority is satisfied that the tenant has

(i) made a complaint respecting domestic violence or stalking to local law enforcement authorities, and

(ii) cooperated or agreed to cooperate with any subsequent investigation and court proceeding;

(b) an order of the court, the Provincial Court or a judicial justice of the peace appointed under The Provincial Court Act has been issued; and

(c) after having completed an assessment, the authority is satisfied that there is a risk to the safety of the tenant, or that of a child who is a dependant of the tenant, if the tenancy continues.

Form of certificate

92.4(4)     A certificate issued by a designated authority must be in a form approved by the director.

Requirement for confidentiality

92.4(5)     The landlord must ensure that any information received from the tenant under this section is kept confidential.

S.M. 2011, c. 46, s. 2.

Termination for accessibility reasons

92.5(1)     A tenant of a rental unit may terminate the tenancy by giving notice in accordance with subsection (2) if, due to an ongoing deterioration or change of some permanence in the health of the tenant or a person named as an occupant in the tenancy agreement, the rental unit or any part of the residential complex is no longer accessible to the tenant or the person.

Notice and certificate from physician required

92.5(2)     To terminate a tenancy due to the rental unit or any part of the residential complex no longer being accessible, the tenant must give the landlord

(a) a notice of termination that is not less than one rental payment period, effective on the last day of the rental payment period; and

(b) a certificate from a physician confirming that, due to an ongoing deterioration or change of some permanence in the health of the tenant or the person named as an occupant in the tenancy agreement, the tenant or the person is no longer able to access the rental unit or any part of the residential complex.

S.M. 2011, c. 46, s. 2.

Termination for incapacity or move into care facility

92.6(1)     A tenant of a rental unit may terminate the tenancy by giving notice in accordance with subsection (2) if the tenant or a person named as an occupant in the tenancy agreement

(a) is, for health reasons, no longer capable of living independently; or

(b) is accepted into a personal care home or a residential care facility.

Notice and certificate from physician required

92.6(2)     To terminate a tenancy due to an inability to live independently or being accepted into a personal care home or a residential care facility, the tenant must give the landlord

(a) a notice of termination that is not less than one rental payment period, effective on the last day of the rental payment period; and

(b) in the case of early termination under clause (1)(a), a certificate from a physician confirming that the tenant or person named as an occupant in the tenancy agreement is no longer capable of living independently.

S.M. 2011, c. 46, s. 2.

Termination by one of a group of tenants

92.7        If the tenancy referred to in the following provisions is terminated by one of a group of tenants, the remaining tenant or tenants must also vacate the rental unit, unless the remaining tenant or tenants enter into a new tenancy agreement with the landlord:

(a) section 92.1 (termination re Canadian Forces members and members of the armed forces of another country);

(b) section 92.3 (termination for domestic violence or stalking);

(c) section 92.5 (termination for accessibility reasons);

(d) section 92.6 (termination for incapacity or move into care facility).

S.M. 2011, c. 46, s. 2.

93(1)       [Repealed] S.M. 2011, c. 46, s. 3.

Termination on tenant's death

93(2)       If a tenant who occupies a rental unit alone dies, the tenant's personal representative may give a notice of termination that is not less than 1 rental payment period effective on the last day of a rental payment period.

Death of 1 of a group of tenants

93(3)       If 1 of a group of tenants of a rental unit dies and the income of the remaining tenants is not reasonably sufficient to pay the rent and any tenant services charge in addition to the other reasonable expenses of the remaining tenants, the remaining tenants may terminate the tenancy by giving the landlord a notice of termination that is not less than 1 rental payment period effective on the last day of a rental payment period.

S.M. 2004, c. 33, s. 13; S.M. 2009, c. 10, s. 57; S.M. 2011, c. 46, s. 3.

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.

S.M. 1993, c. 45, s. 24; S.M. 2009, c. 10, s. 58.

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.

S.M. 2009, c. 10, s. 58.

94          [Repealed]

S.M. 1993, c. 45, s. 25; S.M. 2009, c. 10, s. 59; S.M. 2012, c. 30, s. 12.

TERMINATION BY LANDLORD FOR CAUSE

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.

Failure to pay increased tenant services security deposit

95(1.1)     If, after the date a tenancy that includes the provision of tenant services begins,

(a) the increase in a tenant services security deposit given to a landlord in the form of a cheque or other negotiable instrument is not honoured; or

(b) a tenant fails to pay the increase in a tenant services security deposit referred to in section 29.4.1, after being requested by the landlord to do so;

the landlord may give the tenant a notice of termination that is 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) or (1.1), 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.

Failure to pay pet damage deposit

95(3)       If, after the date a tenancy begins,

(a) a pet damage deposit given to a landlord in the form of a cheque or other negotiable instrument is not honoured; or

(b) a tenant receives permission to have a pet, but fails to pay a pet damage deposit after being requested to do so;

the landlord may give the tenant notice to remove the pet from the rental unit on or before the date specified in the notice, which must not be 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.

S.M. 1993, c. 45, s. 26; S.M. 2005, c. 35, s. 11; S.M. 2009, c. 10, s. 60; S.M. 2012, c. 30, s. 13.

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.

S.M. 2009, c. 10, s. 60.

Termination for causes other than failure to pay

96(1)       A landlord may give the tenant a notice of termination if

(a) the tenant contravenes or fails to comply with any of the following provisions of this Act:

(i) [repealed] S.M. 1993, c. 45, s. 27,

(ii) subsection 53(2) (change of locks or doors:  rental unit),

(iii) subsection 53(3) (change of locks or doors:  residential complex),

(iv) section 70 (obligation to keep unit clean),

(v) subsection 72(1) (obligation to take care and repair damage),

(vi) section 73 (duty not to disturb others),

(vii) section 74 (duty not to impair safety or interfere with rights),

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

(viii) section 76 (overcrowding),

(ix) section 78 (no misrepresentation of premises), or

(x) subsection 42(1) (assign or sublet without consent),

and the tenant fails to remedy the contravention within a reasonable time after receiving written notice to do so by the landlord;

(b) the tenant breaches a material term of the tenancy agreement and fails to remedy the breach within a reasonable time after receiving written notice to do so by the landlord; or

(c) the tenant,

(i) other than a tenant referred to in subclause (ii), fails to comply, within a reasonable time after having received written notice to do so from the landlord, with a rule as required by subsection 11(2) and the observance of the rule is essential to the reasonable operation of the residential complex, or

(ii) who is a tenant in a unit under The Condominium Act, fails to comply, within a reasonable time after having received written notice to do so from the landlord, with the declaration, by-laws or rules under The Condominium Act.

Length of notice

96(2)       Except as provided in subsection (3), a notice of termination under subsection (1) must not be less than 1 rental payment period effective on the last day of a rental payment period.

Early termination for cause

96(3)       The landlord may give a notice of termination that is effective not earlier than five days after the notice is given if there has been

(a) a contravention of

(i) section 70 (obligation to keep unit clean),

(ii) section 74 (duty not to impair safety or interfere with rights), or

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

that posed an immediate risk to the health or safety of — or substantially interfered with a right of — the landlord, another tenant or occupant of the residential complex, or a person permitted in the residential complex by any of those persons;

(b) a contravention of subsection 72(1) (obligation to take care and repair damage) that resulted in extraordinary damage; or

(c) a contravention of section 73 (duty not to disturb others) that amounted to or resulted in an extraordinary disturbance.

Notice to remedy not required

96(4)       A landlord may give a tenant notice of termination arising from a contravention referred to in subsection (3) without first giving the tenant written notice to remedy the contravention within a reasonable time.

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.

S.M. 1993, c. 45, s. 27; S.M. 1997, c. 35, s. 14; S.M. 2004, c. 33, s. 14; S.M. 2012, c. 30, s. 14; S.M. 2013, c. 13, s. 6.

TERMINATION BY LANDLORD: CARETAKER UNITS

Termination re caretaker and employee units

97(1)       A landlord may give a notice of termination to a tenant if

(a) the tenant's employment by the landlord as a caretaker, janitor, manager or superintendent is terminated; or

(b) the tenant occupies an employee unit and his or her employment is terminated.

Length of notice

97(2)       A notice of termination under subsection (1) must be given within 3 rental payment periods after the termination of employment, and be not less than 1 rental payment period effective on the last day of a rental payment period, unless the director orders otherwise.

Early termination by tenant

97(3)       A tenant who is given notice under subsection (1) may, unless there is a prior agreement to the contrary, terminate the tenancy at any time after the date of termination of employment by giving a notice of termination to the landlord.

Exception

97(4)       This section does not apply if the caretaker, janitor, manager, superintendent or employee was a tenant in possession of the rental unit for which the notice is given prior to being employed by the landlord, unless the director orders otherwise.

TERMINATION BY LANDLORD: LANDLORD'S USE OF PROPERTY

Termination on sale or for landlord's use

98(1)       A landlord may give a notice of termination to a tenant, other than a tenant under a life lease, if

(a) the landlord enters into an agreement in good faith with a purchaser for the sale of a residential complex in which a rental unit is occupied under a tenancy agreement, and

(i) any conditions precedent in the sale agreement have been satisfied,

(ii) the purchaser intends in good faith that the purchaser, the purchaser's spouse, a parent of the purchaser or the purchaser's spouse or any of the adult children of the purchaser or the purchaser's spouse will occupy the rental unit, and

(iii) the purchaser requests in writing that the landlord give the tenant a notice of termination; or

(b) the landlord intends in good faith that the landlord, the landlord's spouse, a parent of the landlord or the landlord's spouse or any of the adult children of the landlord or the landlord's spouse will occupy the rental unit.

Termination rules

98(2)       The following rules apply to a termination under subsection (1):

Minimum notice period

1.

The period of notice must be not less than the period set out in the regulations.

Tenancy agreement with end date

2.

If the notice relates to a tenancy agreement that specifies a date when the agreement ends, the termination is not effective before that date.

Tenant with school-aged child

3.

In the case of a notice to terminate a tenancy during a school year — the period from September 1 of one year until June 30 of the following year — if it is given to a tenant who resides with a child who is attending a school reasonably accessible to the unit, the landlord may not require the tenant to vacate the unit until the end of the school year. While the tenant remains in the rental unit, the terms of the tenancy agreement continue to apply, except for any rent increase that complies with Part 9 and any tenant services charge increase that complies with Part 9.1.

Payment of moving expenses

98(3)       A landlord who terminates a tenancy under subsection (1) shall pay the tenant's reasonable moving expenses to new living accommodation, up to a maximum prescribed amount.

Payment of compensation

98(4)       On application by a tenant who vacates a rental unit after being given a notice of termination under subsection (1), the director may make an order requiring

(a) the purchaser, in the case of a notice under clause (1)(a); or

(b) the landlord, in the case of a notice under clause (1)(b);

to compensate the tenant for his or her reasonable additional expenses, as determined by the director, if the occupancy of the rental unit by a person referred to in that clause does not begin within a reasonable period of time or does not continue for at least 12 months.

Determination of tenant's expenses

98(5)       On application by a tenant, the director shall determine the amount of a tenant's moving and additional expenses under this section, and the additional expenses may include any increased rent or tenant services charge, or both, that the tenant is or may be obliged to pay because of the termination, for up to 12 months.

S.M. 1998, c. 42, s. 70; S.M. 2004, c. 33, s. 15; S.M. 2009, c. 10, s. 61; S.M. 2012, c. 30, s. 15.

Termination on demolition, renovation or change of use

99(1)       Subject to subsection (9), a landlord may give a notice of termination to a tenant if the landlord intends in good faith to occupy or use a rental unit for the purpose of

(a) demolition within 6 months after the date of termination;

(b) renovating the rental unit or the residential complex to such an extent that vacant possession is necessary to perform the renovation;

(c) in the case of a unit occupied under a life lease, converting it, within six months after the date of termination, into a use other than as a rental unit occupied under a tenancy agreement;

(c.1) converting it, within six months after the date of termination, to a non-residential use; or

(d) converting it into living accommodation of which a co-operative housing corporation is the landlord and a member or shareholder of the corporation is the tenant without the intention of permitting the building to be occupied by tenants who are not members or shareholders of the corporation prior to the completion of the conversion.

Termination rules

99(2)       The following rules apply to a termination under subsection (1):

Minimum notice period

1.

The period of notice must be not less than the period set out in the regulations.

Tenancy agreement with end date

2.

If the notice relates to a tenancy agreement that specifies a date when the agreement ends, the termination is not effective before that date.

Tenant with school-aged child

3.

In the case of a notice to terminate a tenancy during a school year — the period from September 1 of one year until June 30 of the following year — if it is given to a tenant who resides with a child who is attending a school reasonably accessible to the unit, the landlord may not require the tenant to vacate the unit until the end of the school year. While the tenant remains in the rental unit, the terms of the tenancy agreement continue to apply, except for any rent increase that complies with Part 9 and any tenant services charge increase that complies with Part 9.1.

Payment of moving expenses

99(3)       A landlord who terminates a tenancy under subsection (1) shall pay the tenant's reasonable moving expenses to new living accommodation, up to a maximum prescribed amount.

Payment of compensation

99(4)       On application by a tenant who vacates a rental unit after being given a notice of termination under subsection (1), the director may make an order requiring the landlord to compensate the tenant for his or her reasonable additional expenses, as determined by the director, if the landlord fails to occupy or use the rental unit for the purpose specified within the required period of time.

Determination of tenant's expenses

99(5)       On application by a tenant, the director shall determine the amount of a tenant's moving and additional expenses under this section, and the additional expenses may include any increased rent or tenant services charge, or both, that the tenant is or may be obliged to pay because of the termination, for up to 12 months.

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);

(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; and

(b.1) informs the landlord in writing of any change of address during the period that the tenant is not in occupancy of the rental unit;

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.

Tenant's right of refusal: conversion to life lease

99(6.1)     When a tenant receives a notice of termination under clause (1)(b) in respect of a rental unit that the landlord wishes to renovate and convert into a rental unit under a life lease, the landlord shall not rent the unit under a life lease to any other person without first offering to enter into a life lease on comparable terms with the tenant.

Tenant's right of first refusal: rehabilitation scheme

99(7)       Subsection (6) or (6.1), as the case may be, also applies when an order is made under section 134 approving a rehabilitation scheme and the tenant in the course of proceedings under that section indicates that he or she wishes to have a right of first refusal to rent the unit when the rehabilitation scheme is complete.

Landlord's obligation re right of first refusal

99(8)       A landlord shall not deprive a tenant of the benefit of a right of first refusal under subsection (6) or (7).

No termination of life lease without director's approval

99(9)       A landlord shall not terminate a life lease under subsection (1) unless the director has authorized the termination under section 99.1.

S.M. 1998, c. 42, s. 71; S.M. 2004, c. 33, s. 15; S.M. 2009, c. 10, s. 62; S.M. 2011, c. 30, Sch. B, s. 7; S.M. 2012, c. 30, s. 16.

Application to director

99.1(1)     A landlord who wishes to terminate a life lease for a reason described in subsection 99(1) shall apply under subsection 152(1.1) to the director for an order authorizing the termination.

Notice of application

99.1(2)     On receiving an application under subsection (1), the director shall give notice of the application, and of their right to object to it, to

(a) the tenant under the life lease; and

(b) each other tenant of the residential complex whose life lease tenancy is not covered by the application but whose interest could, in the director's opinion, be affected by the outcome of the application.

Objection

99.1(3)     Each person entitled under subsection (2) to notice of an application may, within the time period specified in the notice, object to the application by written notice to the director, stating the reasons for the objection.

Order

99.1(4)     The director may make an order authorizing a landlord to terminate a life lease under subsection 99(1), subject to any conditions the director considers reasonable, if, after considering the landlord's submission, any objections received under subsection (3) and the factors set out in subsection (5), the director is satisfied that there is no reasonable and practicable alternative to demolition, renovation or conversion that would allow for continuation of the life lease.

Factors to consider

99.1(5)     Before making an order under subsection (4), the director may consider any matter the director considers relevant, which may include one or more of the following:

(a) the tenant's right of tenure under the life lease;

(b) the financial interests of the tenant under the life lease;

(c) the financial interests of other tenants referred to in clause (2)(b) under their life leases;

(d) the physical condition of the rental unit;

(e) the health and safety of tenants of the residential complex.

S.M. 1998, c. 42, s. 72.

Special termination period for mobile home sites

100         A notice of termination under section 98 or 99 in respect of a site for a mobile home shall be not less than 6 months, except where the tenant rents a mobile home and the site for the mobile home under a single tenancy agreement.

Early termination by tenant

101         A tenant who receives a notice of termination under sections 98 to 100 may, before the effective date of termination, terminate the tenancy by giving the landlord a notice of termination that is not less than 1 rental payment period effective on the last day of a rental payment period.

TERMINATION BY LANDLORD: TEMPORARY AND SUBSIDIZED ACCOMMODATION

"Temporary tenancy" defined

102(1)      In this section, "temporary tenancy" means

(a) the rental by a landlord of his or her residence as a rental unit for a temporary period on the understanding that the tenant is to give vacant possession to the landlord for the landlord's use at the end of the temporary period; and

(b) the rental by a landlord of a rental unit for a temporary period where

(i) the rental unit was previously occupied under a life lease or has never been previously occupied other than under a temporary tenancy, and

(ii) it is rented on the understanding that the tenant is to give vacant possession to the landlord at the end of the temporary period in order for the landlord to give possession of the rental unit to a tenant under a life lease.

Termination of temporary tenancy

102(1.1)    A temporary tenancy is terminated

(a) at the end of the tenancy agreement, if the agreement specifies a date for it to end;

(b) in the case of an agreement for a temporary tenancy described in clause (1)(a) that does not specify a date for it to end, by the landlord's giving the tenant a notice of termination of not less than 1 rental payment period to be effective on the last day of a rental payment period; and

(c) in the case of an agreement for a temporary tenancy described in clause (1)(b) that does not specify a date for it to end, by the landlord's giving the tenant a notice of termination, for the purpose of giving possession of the rental unit to a tenant under a life lease, of not less than 3 rental payment periods to be effective on the last day of a rental payment period.

Effect of temporary tenancy

102(2)      Sections 98 to 101 do not apply to a temporary tenancy.

S.M. 1998, c. 42, s. 73.

Tenant in subsidized housing

103(1)      When a tenant ceases to be eligible for the particular rental unit he or she occupies in subsidized housing, the landlord may, subject to subsection (2), terminate the tenancy by giving the tenant a notice of termination of not less than 3 rental payment periods to be effective on the last day of a rental payment period.

Tenant in need of subsidized housing

103(2)      When

(a) a tenant of subsidized housing ceases to be eligible to occupy the particular rental unit that he or she occupies; and

(b) the tenant is eligible to occupy subsidized housing of a kind provided by the landlord;

the landlord shall not give a notice of termination to the tenant until the landlord has made every reasonable effort to make available to the tenant a rental unit for which the tenant is eligible in the vicinity of the rental unit that the tenant occupies.

TERMINATION BY STATUTE OR BY FRUSTRATION OF AGREEMENT

Termination by government authority

104(1)      When vacant possession of a rental unit is required in order to comply with an order made under statute by a federal, provincial or municipal government authority, the landlord or the authority is entitled to terminate the tenancy and to have vacant possession within the period specified in the statute, or, if no period is specified, within a reasonable period.

Orders under Safer Communities and Neighbourhoods Act

104(2)      When an order that terminates a tenancy or entitles a landlord to vacant possession of a rental unit is made under The Safer Communities and Neighbourhoods Act, the tenancy shall terminate and the landlord shall have vacant possession in accordance with the order.

Application of subsection 80(2)

104(3)      Subsection 80(2) does not apply to a landlord who is entitled to vacant possession of a rental unit under an order made under The Safer Communities and Neighbourhoods Act.

S.M. 2001, c. 6, s. 45.

Rental unit destroyed or uninhabitable

105(1)      When a rental unit or residential complex is made uninhabitable because of fire, flood or other occurrence, or when a tenancy agreement is otherwise frustrated, the tenancy is deemed to be terminated on the date performance becomes impossible or the tenancy agreement is otherwise frustrated.

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.

Landlord's obligation re right of first refusal

105(3)      A landlord shall not deprive a tenant of the benefit of the right of first refusal under subsection (2) unless the tenant was responsible for making the rental unit or residential complex uninhabitable by contravening an obligation under Parts 1 to 8 or breaching an obligation under the tenancy agreement.

Exception

105(4)      Subsections (2) and (3) do not apply to a temporary tenancy described in subsection 102(1).

S.M. 1993, c. 45, s. 28; S.M. 2009, c. 10, s. 63.

PART 7

TENANT'S PERSONAL PROPERTY

"Abandoned property" defined

106(1)      In this Part, "abandoned property" means personal property left by a tenant in a rental unit or residential complex that the tenant has vacated or abandoned or from which the tenant has been evicted, other than property being stored under an agreement with the landlord.

Landlord's powers re abandoned property

106(2)      A landlord may remove, store, sell or dispose of abandoned property only in accordance with this Part.

When property to be returned to tenant

106(3)      The tenant or the owner of an item of abandoned property stored by the landlord may claim the item by paying the landlord the reasonable cost of removing and storing the abandoned property and the landlord shall give the item to the tenant or owner.

S.M. 2004, c. 33, s. 16.

Application

106.1(1)    This section does not apply to abandoned property that is an item such as a personal document or photograph that by its nature is impossible or difficult to replace and is of little or no monetary value.

Worthless, unsanitary or unsafe property

106.1(2)    If a landlord is satisfied on reasonable grounds that an item of abandoned property

(a) has no monetary value; or

(b) is unsanitary or unsafe to store;

the landlord may remove the item and dispose of it at an appropriate disposal facility.

Landlord to prepare inventory

106.1(3)    A landlord may remove abandoned property that has monetary value and is not unsanitary or unsafe to store but must, at the earliest reasonable opportunity,

(a) make a reasonable effort to contact the tenant to give the tenant an opportunity to claim the property;

(b) prepare an inventory of the property in the prescribed form and give a copy of it to the director; and

(c) give a copy of the inventory to the tenant, and if the copy is mailed to the tenant, it is sufficiently given if it is mailed to the tenant's last known address.

Property of little value

106.1(4)    If, after complying with subsection (3), the landlord is satisfied on reasonable grounds that the proceeds from selling an item of abandoned property would be less than the reasonable costs of removing, storing and selling it, the landlord may

(a) give the item to a charitable or other non-profit organization; or

(b) dispose of the item at an appropriate disposal facility.

Storing other property

106.1(5)    A landlord who removes abandoned property that cannot be disposed of under subsection (2) (worthless, unsanitary or unsafe property) or (4) (property of little monetary value) must, subject to any direction of the director, store the property in a safe place and manner for at least 60 days.

S.M. 2004, c. 33, s. 16.

Personal documents and photographs

106.2       A landlord may remove abandoned property referred to in subsection 106.1(1) (personal documents and photographs) but must

(a) comply with the requirements set out in clauses 106.1(3)(a) to (c); and

(b) subject to any direction of the director, store the property in a safe place and manner for at least 60 days.

S.M. 2004, c. 33, s. 16.

Sale or disposal of unclaimed property

107(1)      If the tenant or the owner fails to claim and remove abandoned property stored by the landlord within the 60-day time period referred to in subsection 106.1(5) or section 106.2, the landlord may

(a) in the case of property referred to in subsection 106.1(1) (personal documents and photographs of little value), dispose of them at an appropriate disposal facility; and

(b) in any other case, sell or dispose of the abandoned property in a manner and subject to any conditions set by the director.

Proceeds of sale

107(2)      Subject to any conditions set by the director, a landlord who sells an item of abandoned property under subsection (1)

(a) may retain that part of the proceeds of the sale necessary to reimburse the landlord for the reasonable costs of removing, storing and selling the property, and to satisfy any decision or order for compensation made in the landlord's favour by the director; and

(b) shall give the balance of the proceeds to the director along with a written report in the prescribed form regarding the sale and the distribution of the proceeds.

Unclaimed proceeds forfeited to Crown

107(3)      The director shall hold the proceeds received under clause (2)(b) in an account in the Consolidated Fund for 2 years, after which they are forfeited to the Crown, and on forfeiture the director shall deposit them into the security deposit compensation fund established under subsection 36(1).

S.M. 1993, c. 45, s. 29; S.M. 1996, c. 59, s. 106; S.M. 2004, c. 33, s. 17.

Acquiring good title to abandoned property

107.1       Where

(a) a charitable or other non-profit organization is given an item of abandoned property under clause 106.1(4)(a) or 107(1)(b); or

(b) a person in good faith purchases an item under section 107;

the organization or person is deemed, subject to The Personal Property Security Act, to have acquired good title to the property, free and clear of any other interest.

S.M. 2004, c. 33, s. 17.

Substantial compliance protects landlord

108         A landlord who substantially complies with this Part is not liable to the tenant or any other person for loss suffered by the tenant or other person as a result of the removal, storage, disposal or sale by the landlord of abandoned property.

S.M. 2004, c. 33, s. 18.

PART 8

MOBILE HOMES

Tenant's right to sell

109(1)      A landlord shall not restrict the right of a tenant to sell, lease or otherwise part with possession of a mobile home or an interest in a mobile home owned by the tenant.

Landlord as agent

109(2)      A landlord shall not receive compensation for acting as an agent for the tenant in negotiations to sell, lease or otherwise part with possession of a mobile home located in a mobile home park, except under a written agency contract entered into after the tenant decides to sell, lease or otherwise part with possession of the mobile home.

No restriction on removal

110(1)      Except as provided in subsection (2), a landlord shall not restrict by agreement or otherwise the right of a tenant to remove a mobile home from its site or the mobile home park, in whatever manner the tenant sees fit.

Exception

110(2)      A landlord may impose and the tenant shall obey reasonable restrictions on the removal of a mobile home from a mobile home park for the purpose of ensuring that the removal does not

(a) unduly disturb the peace and quiet of the mobile home park;

(b) violate the traffic rules of the mobile home park; or

(c) create a danger to persons or property in the mobile home park.

Planting of trees, etc.

111         Unless required by law, a landlord shall not require a tenant to plant trees, plants or shrubs on a site for a mobile home but, subject to an agreement to the contrary, a tenant may voluntarily do so.

Certain charges prohibited

112         A landlord shall not make a charge respecting

(a) entry into or exit from a mobile home park; or

(b) the installation or removal of a mobile home in or from a mobile home park;

except a sum to compensate the landlord for his or her reasonable expenses arising out of the installation or removal of a mobile home.

Additional duties of landlord re mobile homes

113         In addition to the other obligations of a landlord under this Act, a landlord shall ensure that

(a) garbage in a mobile home park is completely removed or disposed of in accordance with applicable laws, regulations and by-laws or, where none are in force, at least once each week;

(b) all roads in a mobile home park are graded and maintained in a good state of repair;

(c) snow is cleared from mobile home park roads to maintain, as much as possible, the same width of passage on the roads at all times throughout the year;

(d) the plumbing, sewage, fuel and electrical systems in a mobile home park are maintained in a good state of repair;

(e) the grounds of a mobile home park and all buildings, structures, enclosures and equipment intended for the common use of the tenants is maintained in a good state of repair and cleanliness; and

(f) damage to a tenant's property in a mobile home park caused by the wilful or negligent conduct of the landlord is repaired.

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.

S.M. 2009, c. 10, s. 64.

PART 9

RENT REGULATION

APPLICATION OF THIS PART

Application

115         Except as provided in section 116, this Part applies to rent increases for all rental units, whether or not a rental unit is subject to a tenancy agreement at the time a notice of rent increase is given or an application for a rent increase is made.

Non-application to specified units

116(1)      This Part, except sections 118 and 119, does not apply to a rental unit that is

(a) located in a hotel, motel, inn, tourist home, hostel or other similar accommodation;

(b) a caretaker's unit, while occupied by a person employed by a landlord as a caretaker, janitor, manager or superintendent of the residential complex or part of the residential complex;

(c) an employee unit, while occupied by an employee;

(d) a room provided as living accommodation in a boarding house;

(d.1) subsidized housing; or

(e) exempted by the regulations.

Non-application to new buildings and rehabilitation schemes

116(2)      This Part, except sections 117 to 119, does not apply to a rental unit in a residential complex or part of a residential complex

(a) that is a new building for which an occupancy permit is required, for 5 years after the earlier of

(i) the day the first occupancy permit for the building is issued, or

(ii) the day a rental unit in the building is first occupied by a tenant; or

(b) that is a new building for which no occupancy permit is required, for 5 years after a rental unit in the building is first occupied by a tenant; or

(c) in respect of which an exemption is granted for a rehabilitation scheme under subsection 134(2).

Extended non-application to buildings occupied after April 9, 2001

116(2.1)    If the rental unit described in subsection (2) is in a new building in which the first rental unit to be occupied by a tenant is first occupied after April 9, 2001, and for which the first occupancy permit, if one is required, is issued after that date, this Part, except sections 117 to 119, does not apply until

(a) if an occupancy permit is required, 15 years after the earlier of

(i) the day the first occupancy permit for the building is issued, or

(ii) the day a rental unit in the building is first occupied by a tenant; and

(b) if no occupancy permit is required, 15 years after a rental unit in the building is first occupied by a tenant.

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

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

(a) if an occupancy permit is required, 20 years after the earlier of

(i) the day the first occupancy permit for the building is issued, or

(ii) the day a rental unit in the building is first occupied by a tenant; and

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

Non-application to certain laundry facilities

116(3)      This Part does not apply to separate charges for laundry facilities provided by a person who is at arm's length to the landlord, except in the circumstance described in section 130.

Non-application to life leases

116(4)      This Part, except sections 118, 119, and 140.1, does not apply to a rental unit occupied under a life lease if

(a) the landlord is a non-profit landlord, as defined in The Life Leases Act, and the residential complex in which the rental unit is located is operated on a non-profit basis; and

(b) the life lease provides for the calculation of the tenant's rent to be based on the tenant's share of budgeted operating costs and budgeted contributions to reserve funds and to any refund fund, as defined in The Life Leases Act.

S.M. 1993, c. 45, s. 30; S.M. 1998, c. 42, s. 74; S.M. 2001, c. 25, s. 2; S.M. 2005, c. 35, s. 12.

NOTICE TO NEW TENANTS

Notice to new tenants

116.1(1)    On first entering into a tenancy agreement for a rental unit to which this Part applies, a landlord shall give the tenant a notice in the prescribed form setting out

(a) the current rent being charged for the rental unit and the date the rent was first charged;

(b) the immediately preceding rent charged for the rental unit;

(c) if the current rent being charged for the rental unit is to be increased within three months after the commencement of the tenancy, the effective date and amount of the increased rent;

(d) if the rent was established or is to be established under section 132, the average rent payable for similar or comparable rental units in the residential complex; and

(e) any other information that is prescribed.

Notice to be given to director

116.1(2)    A landlord shall give a copy of the notice referred to in subsection (1) to the director within 14 days after giving it to the tenant.

S.M. 1993, c. 45, s. 31.

RESTRICTIONS ON RENT INCREASES

Unauthorized rent prohibited

117         No landlord shall charge rent and no tenant is liable to pay rent in excess of the amount permitted under this Part.

Twelve months between rent increases

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

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

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

Exception

118(2)      Subsection (1) does not apply

(a) when a rent increase is otherwise permitted under section 126.1 (rent increase after termination of life lease), section 131 or 132 (landlord regains possession of a rental unit), section 132.1 (landlord adds furniture), or section 137 (tenant requests improvement or service);

(a.1) to the first rent increase for a rental unit after the director approves a rehabilitation scheme under section 134; or

(b) so as to prevent an increase for separate charges for laundry facilities being made within 12 months of any other rent increase.

S.M. 1993, c. 45, s. 32; S.M. 2004, c. 33, s. 19; S.M. 2005, c. 35, s. 13.

Increase to be equal in each period

119         A rent increase authorized under this Part shall be applied equally in each rental payment period.

NOTICE TO AFFECTED PARTIES

Notice by director

119.1       On receiving an application under subsection 123(2) or 127(2) or an objection under section 124 or 128, the director must send a notice to the affected parties advising them that within 10 days after the notice was sent, or such further time as the director allows, a party may

(a) examine during normal office hours all material filed with the director in respect of the application or objection; and

(b) file written comments about the application or objection with the director.

S.M. 2012, c. 30, s. 17.

Parties not entitled to copies of certain material

119.2       Parties to a matter under this Part are not entitled to have or make copies of any material filed with, or held by, the director in respect of the matter.

S.M. 2012, c. 30, s. 17.

RENT INCREASE PERMITTED BY THE REGULATIONS

Definition of "rent charged for rental unit"

120(1)      In subsection (2), "rent charged for a rental unit" does not include the amount of any separate charge for laundry facilities provided by the landlord, for which a separate application must be made under section 127.

Rent increase in amount permitted by regulation

120(2)      Subject to sections 121 and 122, a landlord who gives 3 months' notice of a rent increase as required by subsection 25(1), may increase the rent charged for a rental unit by an amount that does not exceed the maximum increase permitted by the regulations.

Objection by tenant

121(1)      Notwithstanding that a rent increase does not exceed the maximum increase permitted by the regulations, a tenant who receives notice under subsection 25(1) of a rent increase referred to in subsection 120(2) may, not later than 60 days before the effective date of the intended increase, file a written objection with the director on the ground that the increase for the tenant's rental unit is not justified for one or more of the following reasons:

(a) the landlord is not maintaining the rental unit or residential complex;

(b) the landlord has reduced or withdrawn a service and facility;

(c) the landlord is not meeting any other obligation under a tenancy agreement or this Act;

(d) the tenant believes the landlord's costs have not increased;

(e) any other prescribed reason.

Reason for objection

121(2)      An objection under subsection (1) must identify and explain the reason for the objection.

S.M. 1993, c. 45, s. 33; S.M. 2012, c. 30, s. 18.

Order

122(1)      When a tenant files an objection under section 121, the director

(a) shall consider the tenant's objection; and

(b) may require the landlord to file with the director any material respecting the rent increase for the tenant's rental unit that the director considers necessary;

and the director may make an order setting the maximum rent increase that may be charged for the tenant's rental unit, subject to any conditions the director considers reasonable.

Order respecting other rental units

122(2)      If, after considering the information obtained under subsection (1), the director is satisfied that the rent chargeable for other rental units in the residential complex is not justified, the director may make an order setting the maximum rent that may be charged for those other units, subject to any conditions the director considers reasonable.

Notice by director

122(3)      Before making an order under subsection (2), the director shall give a notice

(a) to the landlord, informing the landlord that the director has determined that the rent for other rental units, as specified by the director, in the residential complex may be set under this Part; and

(b) to the tenants of the specified rental units informing them that the rent for their rental units may be set under this Part.

Kind of order and factors to be considered

122(4)      Subsections 125(2) to (5) apply to an order under this section, with necessary modifications.

S.M. 2012, c. 26, s. 17; S.M. 2012, c. 30, s. 19.

RENT INCREASE ABOVE MAXIMUM PERMITTED BY THE REGULATIONS

Definition of "rent charged for rental unit"

123(1)      In this section and section 126.1, "rent charged for a rental unit" does not include the amount of any separate charge for laundry facilities provided by the landlord, for which a separate application must be made under section 127.

Application for increase above maximum

123(2)      A landlord who desires to increase the rent charged for a rental unit by more than the maximum increase permitted by the regulations shall apply to the director for an order permitting the increase.

When application to be made

123(3)      An application under subsection (2) shall be in the prescribed form and be filed not later than 14 days after the beginning of the 3 month notice period required for rent increases under subsection 25(1).

Whole building review

123(4)      A landlord who applies for an order under subsection (2) shall, as part of the same application, apply for a determination of the rents that may be charged for all of the rental units in the residential complex for the 12 months following the effective date of the first rent increase applied for.

Notice by director

123(5)      On receiving an application under this section, the director shall give notice to the tenants of the affected rental units of their right to object to the rent increase, but a proceeding is not invalid because a notice is not given to each tenant.

S.M. 1998, c. 42, s. 75.

Objection by tenant

124         A tenant who receives notice under subsection 25(1) of a rent increase referred to in subsection 123(2) may, not later than 60 days before the effective date of the intended increase, file an objection with the director on the ground that the rent increase is not justified.

S.M. 1993, c. 45, s. 34.

Order

125(1)      After considering any objection filed by a tenant and the additional factors referred to in subsection (3), the director shall make an order setting the maximum rent increase that may be charged for each rental unit in the residential complex, subject to any conditions the director considers reasonable.

Contents of order

125(2)      An order under subsection (1) shall set the total rent increase for the residential complex and apportion that total amongst the rental units in one of the following ways:

(a) by an equal percentage for each rental unit determined by dividing the total rent increase for the residential complex by the total current rent for all units in the complex multiplied by 100;

(b) by a dollar amount that is equal for each rental unit; or

(c) by a dollar amount for each unit that is not more than the maximum increase that would have resulted from a calculation under clause (a) or (b) for the rental unit.

Mandatory considerations in making order

125(3)      Before making an order under this section, the director shall consider, in accordance with the regulations,

(a) the rents charged for the rental units in the residential complex immediately before the proposed increase is intended to come into effect;

(b) the increase in actual expenses determined in accordance with the regulations;

(c) any change in the services and facilities, privileges, accommodations or things that the landlord provides for the tenants whether or not a separate charge is made for them;

(d) any ground of objection made by a tenant;

(e) any finding by the director that the landlord is in contravention of the obligation to repair under subsection 59(1);

(f) if the residential complex has been sold in the preceding 3 years,

(i) whether and to what extent any increases in the costs with respect to repairs and maintenance of the residential complex result from inadequate maintenance in previous years or are reasonably attributable to the cost of performing obligations of the landlord in previous years that have not been performed,

(ii) the amount of any rent increases and cost increases in previous years, and

(iii) the effect of the accumulation of these costs on the rent increase applied for;

(g) the submissions and representations made by the landlord and tenant; and

(h) other prescribed matters.

Other considerations

125(4)      Before making an order under this section, the director may consider

(a) for all rental units in the residential complex,

(i) the rents charged and the increases in rents charged, and

(ii) the actual expenses of the landlord determined in accordance with the regulations,

for the 3 year period preceding the date of the application;

(b) rent increases or parts of rent increases under this Act or The Residential Rent Regulation Act that are reasonably attributable to the cost of performing obligations of the landlord that have not been fulfilled; and

(c) any other information respecting the operation of the residential complex.

Costs recovered by Manitoba Hydro not to be considered

125(5)      The director must not consider the cost of capital improvements and fixtures made to or installed in the residential complex, or the portion of the cost of them, that Manitoba Hydro is to recover by levying a monthly charge on the account for power for the building.

S.M. 2012, c. 26, s. 17.

Amended application

126         A landlord may amend an application for a rent increase that exceeds the maximum permitted by the regulations to an amount that does not exceed that maximum, and the director may make an order respecting the amended application.

RENT INCREASE AFTER TERMINATION OF LIFE LEASE

Rent increase after termination of life lease

126.1(1)    Despite subsection 123(2), where, after a life lease is terminated under clause 15(2)(a) of The Life Leases Act,

(a) the tenant remains in occupancy of the rental unit as provided for under subsection 15(3) of that Act; and

(b) the landlord desires to increase the rent charged for the rental unit by more than the maximum amount permitted under the regulations;

the landlord may apply to the director under this section for an order permitting the increase.

Limit of one application

126.1(2)    A landlord is limited to one application under this section in respect of a residential complex.

When application to be made

126.1(3)    An application under subsection (1) shall be in a form acceptable to the director and be filed not later than 14 days after the beginning of the 3 month notice period required for rent increases under subsection 25(1).

Whole building review

126.1(4)    A landlord who applies for an order under subsection (1) shall, as part of the same application, apply for a determination of the rents that may be charged for all of the rental units in the residential complex for the 12 months following the effective date of the first rent increase applied for.

Notice by director

126.1(5)    On receiving an application under this section, the director shall give notice to the tenants of the affected rental units of their right to object to the rent increase, but a proceeding is not invalid because a notice is not given to each tenant.

Objection by tenant

126.1(6)    A tenant who receives notice under subsection 25(1) of a rent increase under this section may, not later than 60 days before the effective date of the intended increase, file an objection with the director on the ground that the rent increase is not justified.

Order setting rent

126.1(7)    After considering the landlord's submission, any objection filed by a tenant, the rents charged for rental units of a similar type, size and age, with similar services and facilities and in the same general area as the rental unit, the director shall make an order setting the maximum rent that may be charged for each rental unit in the residential complex, subject to any conditions the director considers reasonable.

S.M. 1998, c. 42, s. 76.

LAUNDRY FACILITIES

Landlord deemed to provide laundry facilities

127(1)      For the purpose of this section and sections 128 to 130, laundry facilities provided by a person other than the landlord are deemed to be provided by the landlord, unless the landlord and the other person are at arm's length.

Application for increase

127(2)      A landlord who desires to increase the amount of a separate charge for laundry facilities provided by the landlord shall

(a) give at least three months' notice in writing to the tenants who are in occupancy of the rental units affected by the increase three months before the increase is to take effect; and

(b) apply to the director in the prescribed form not later than 14 days after the date notice must be given to the tenants.

Notice by director

127(3)      On receiving an application under subsection (2), the director shall give notice to the tenants referred to in clause (2)(a) of their right to object to the increase, but a proceeding is not invalid because a notice is not given to each tenant.

S.M. 1993, c. 45, s. 35.

Objection by tenant

128         A tenant referred to in clause 127(2)(a) may, not less than 60 days before the effective date of the intended increase, file an objection with the director on the ground that the increase is not justified.

S.M. 1993, c. 45, s. 36.

Order

129(1)      After considering any objection filed by a tenant, and the additional factors referred to in subsection (2), the director shall make an order setting the maximum increase that may be charged for laundry facilities provided by the landlord.

Considerations in making order

129(2)      Before making an order under subsection (1), the director shall consider

(a) the charge for the laundry facilities immediately before the proposed increase is intended to come into effect;

(b) the increase in expenses determined in accordance with the regulations;

(c) any change in the facilities;

(d) the submissions and representations made by the landlord and tenant; and

(e) other prescribed matters.

S.M. 1993, c. 45, s. 37.

Transfer of laundry services to third party

130(1)      When a landlord who provides laundry facilities makes an arrangement with another person with whom the landlord is at arm's length to provide them instead, the landlord shall apply to the director for an order determining the amount that may be charged for the facilities by the other person for a period of 12 months following the effective date of the increase.

Procedure on application

130(2)      An application under subsection (1) shall be treated in the same manner as an application for an increase in the amount of a separate charge for laundry facilities under subsection 127(2).

Further increases exempt

130(3)      After the expiry of an order setting the maximum charge for laundry facilities under this section, further increases in charges for laundry facilities provided by a person other than the landlord are exempt from this Part.

RENT INCREASE WHEN LANDLORD REGAINS POSSESSION

Rent increase on possession by landlord: 3 rental units or less

131(1)      A landlord who lawfully regains or is about to lawfully regain possession of a rental unit in a residential complex that has 3 rental units or less may, subject to subsection (3), increase the rent for the rental unit to an amount determined by the landlord..

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.

Increase effective against new tenant

131(2)      An increase under subsection (1) or (1.1) is effective against a new tenant of the rental unit if the landlord

(a) gives the new tenant notice of the increase under section 116.1; and

(b) gives the director notice of the increase in the prescribed form no later than 14 days after it is given to the new tenant, except where the director extends the time for giving notice.

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.

S.M. 1993, c. 45, s. 38; S.M. 1998, c. 42, s. 77; S.M. 2004, c. 33, s. 20; S.M. 2009, c. 10, s. 65.

Rent increase on possession by landlord: 4 or more units

132(1)      When a residential complex has 4 or more rental units and the landlord lawfully regains possession or is about to lawfully regain possession of 1 of them, the landlord may increase the rent for that unit in an amount that has the effect of setting the rent at not more than the average of the rents chargeable for similar or comparable rental units in the residential complex.

Increase effective against new tenant

132(2)      An increase under subsection (1) is effective against a new tenant of the rental unit if the landlord gives notice of the increase in accordance with section 116.1 but the amount of the increase is subject to any order under subsection (4).

Application by tenant

132(3)      A tenant who receives a notice referred to in subsection (2) may, not later than 30 days after receiving the notice, apply to the director for a determination of the average of the rents chargeable for rental units in the residential complex that are similar or comparable to the tenant's unit.

Order

132(4)      When a tenant makes an application under subsection (3), the director

(a) shall inquire into the matter; and

(b) may require the landlord to file with the director any material respecting the rent increase that the director considers necessary;

and the director may make an order determining the average of the rents chargeable.

S.M. 1993, c. 45, s. 39.

ADDITION OF FURNITURE TO RENTAL UNIT

Rent increase for added furniture

132.1(1)    When a landlord lawfully regains possession of a rental unit, other than one described in subsection 131(1), in which the landlord did not previously provide furniture, the landlord may add furniture to that rental unit and increase the rent by an amount not exceeding a prescribed portion of the cost of the furniture.

Increase effective against new tenant

132.1(2)    An increase under subsection (1) is effective against a new tenant of the rental unit if the landlord gives notice of the increase in accordance with section 116.1 but the amount of the increase is subject to any order made under subsection (4).

Objection by tenant

132.1(3)    A tenant who receives a notice referred to in subsection (2) may, not later than 30 days after receiving the notice, file an objection with the director on the ground that the increase is not justified.

Order

132.1(4)    When a tenant files an objection under subsection (3), the director

(a) shall inquire into the matter;

(b) may require the landlord to file with the director any material respecting the rent increase that the director considers necessary; and

(c) shall consider the additional factors referred to in subsection (5);

and the director may make an order setting the maximum rent increase that may be charged for the rental unit, subject to any conditions the director considers reasonable.

Mandatory considerations

132.1(5)    Before making an order under this section, the director shall consider

(a) the rent charged for the rental unit immediately before the addition of the furniture to the rental unit;

(b) the cost of the furniture added to the rental unit;

(c) the age and value of the furniture added to the rental unit;

(d) the submissions and representations made by the landlord and tenant; and

(e) any other information that is prescribed.

S.M. 1993, c. 45, s. 40.

REHABILITATION SCHEMES

Definition of "rehabilitation scheme"

133(1)      In this section and sections 134, 135 and 135.1, "rehabilitation scheme" means the repair, renovation or refurbishment of a rental unit or of a residential complex or part of a residential complex to an extent prescribed by the regulations.

Application for approval

133(2)      A landlord who intends to carry out a rehabilitation scheme for a rental unit or a residential complex and desires an exemption from this Part may apply to the director for an order approving the scheme.

Form of application

133(3)      An application under subsection (2) shall be in the prescribed form and be accompanied by the prescribed supporting material.

Notice by landlord

133(4)      A landlord shall give notice of the application in the prescribed form to the tenants of rental units affected by the proposed rehabilitation scheme.

Application available for inspection

133(5)      A landlord shall keep a copy of the application and the supporting material available for inspection by affected tenants and their representatives during normal business hours

(a) in the residential complex; or

(b) in the landlord's usual place of business if it is located in the same city, town or municipality as the residential complex;

until an order is made either approving or refusing the rehabilitation scheme.

S.M. 1993, c. 45, s. 41; S.M. 2011, c. 30, Sch. B, s. 8.

Determination and order approving scheme

134(1)      When the director is satisfied

(a) that the landlord will take steps to minimize the disruption to tenants of rental units affected by the rehabilitation scheme;

(b) that on completion of the scheme the rental units, the residential complex and all services and facilities expressly or impliedly promised by the landlord will be in a good state of repair, fit for habitation and in a state that complies with health, building and maintenance and occupancy standards required by law; and

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

the director may, in accordance with the regulations, make an order approving the scheme.

Contents of order

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

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

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

(c) not yet proclaimed.

134(3)      [Repealed] S.M. 1993, c. 45, s. 42.

Order may be rescinded if scheme not completed

134(4)      If a rehabilitation scheme is not completed, the director may, on application by a person directly affected by the scheme, rescind an order made under this section on such terms as the director considers appropriate.

Variation of order

134(5)      A landlord may at any time within 30 days after completion of the rehabilitation scheme apply to the director to vary an order previously made under subsection (2), and the director may make any further order described in that subsection on such terms as the director considers appropriate.

S.M. 1993, c. 45, s. 42; S.M. 2005, c. 35, s. 14; S.M. 2013, c. 54, s. 66.

Refusal of scheme

135         When the conditions described in subsection 134(1) are not met, the director shall refuse to make an order approving the rehabilitation scheme.

Application

135.1(1)    This section applies to an application to the director that is made under section 133 after the day this section came into force for an order approving a rehabilitation scheme.

Registered notice in L.T.O. — rehabilitation scheme order

135.1(2)    The director may submit for registration in the appropriate land titles office a notice that the land on which a residential complex is located is the subject of an order under section 134 approving a rehabilitation scheme.

Contents of notice

135.1(3)    The notice must be in a form acceptable to the district registrar and must include the legal description of the land affected and the date upon which the order approving the scheme was made.

Effect of registration

135.1(4)    When a notice is registered under subsection (2), the district registrar must

(a) make an entry on the title of the land affected; and

(b) notify the registered owner of that land about the notice.

Registration lapses after four years

135.1(5)    The registration of a notice lapses four years after the date on which the order under section 134 was made. The district registrar may remove the entry made on the title under clause (4)(a).

Registered notice may be discharged

135.1(6)    The director may, in accordance with the regulations, submit to the district registrar of the appropriate land titles office a discharge of the registered notice before the end of the four-year period if the director considers it appropriate.

Removal of entry

135.1(7)    When a discharge is submitted under subsection (6), the district registrar must remove the entry on the title made under clause (4)(a).

S.M. 2011, c. 30, Sch. B, s. 9.

136         [Repealed]

S.M. 1993, c. 45, s. 43.

IMPROVEMENTS REQUESTED BY TENANTS

Application to fix value of improvements, etc.

137(1)      When, in response to a request from a tenant or prospective tenant, a landlord proposes to provide or has provided

(a) an improvement to or alteration of a rental unit or residential complex; or

(b) a service, facility, privilege, accommodation or thing relating to the use or enjoyment of a rental unit that is not usually provided by the landlord in connection with the rental unit;

the landlord may apply to the director for an order fixing the value of the improvement, alteration, service, facility, privilege, accommodation or thing.

When application to be made

137(2)      An application under subsection (1) must be in the prescribed form and be made no later than 15 days after the landlord complies with the tenant's request.

Order fixing value of improvement, etc.

137(3)      On receiving an application under subsection (1), the director may make an order

(a) fixing the value to the tenant of the improvement to or alteration of the rental unit or residential complex or the provision of the service, facility, privilege, accommodation or thing;

(b) fixing the method and duration of payment, either as part of the rent or otherwise, of the amount fixed as the value under clause (a); and

(c) imposing such conditions on the landlord and the tenant as the director considers reasonable.

S.M. 1993, c. 45, s. 44; S.M. 2004, c. 33, s. 21 and 22.

PERMANENT REDUCTION OF SERVICES AND FACILITIES

Application re permanent reduction or withdrawal of services

138(1)      A landlord who intends to permanently reduce or withdraw a service, facility, privilege, accommodation or thing relating to the use or enjoyment of one or more rental units shall

(a) give the tenant of each rental unit affected by the reduction or withdrawal a notice in the prescribed form not later than three months before the effective date of the reduction or withdrawal; and

(b) apply to the director in the prescribed form not later than 14 days after the beginning of the three-month period referred to in clause (a) for an order fixing the value of the reduction or withdrawal.

Application if reduction beyond landlord's control

138(2)      Despite subsection (1), when a reduction or withdrawal is beyond the control of the landlord, the director may permit an application to be made under subsection (1) at any time.

Notice by director

138(3)      On receiving an application under subsection (1), the director shall give notice to the tenants of the affected rental units 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 tenant.

Submission by tenant

138(4)      A tenant may, not later than 14 days after the director sends a notice to the tenant under subsection (3), file a written submission with the director stating the tenant's position with respect to the landlord's application.

S.M. 1993, c. 45, s. 45; S.M. 2012, c. 30, s. 21.

Order respecting reduction

139         After considering an application under subsection 138(1) and any submission from a tenant, the director may make an order

(a) fixing the value of the service, facility, privilege, accommodation or thing reduced or withdrawn to the tenants of the affected rental units;

(b) directing that the rent of the tenants be reduced by that value; and

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

S.M. 1993, c. 45, s. 45.

UNAUTHORIZED RENT

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.

Inquiry into unauthorized rent increase

140(2)      If the director has reason to believe that a landlord has charged a tenant rent in excess of that permitted by this Act, the director may, on the director's own initiative or on the application of a tenant, inquire into the matter.

Order

140(3)      If after completing an inquiry the director is satisfied that the landlord has charged rent in excess of that permitted under this Act, the director may make an order

(a) determining the maximum rent chargeable from time to time for the rental unit concerned in accordance with any applicable regulations, and the date the maximum rent became effective;

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

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

Order authorizing set-off or redirection of rent

140(4)      If the director makes an order under clause (3)(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 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(5)      If the director makes an order under clause (3)(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(6)      The director shall hold money paid to the director under subsection (5) for two years in an account in the Consolidated Fund, and at the end of two years it is forfeited to the Crown and shall be paid into the security deposit compensation fund established under subsection 36(1).

S.M. 1993, c. 45, s. 46; S.M. 1996, c. 59, s. 106; S.M. 2009, c. 10, s. 66.

Order where incomplete notice given

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

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

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

the director may make an order

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

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

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

Order authorizing set-off or redirection of rent

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

Application of subsection (1)

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

S.M. 2005, c. 35, s. 15.

LIFE LEASES IN NON-PROFIT RESIDENTIAL COMPLEX

Application for rent review

140.1(1)    A tenant of a rental unit referred to in subsection 116(4) may, within 30 days after receiving notice of a rent increase in accordance with subsection 25(1) of this Act or section 37.1 of The Life Leases Act, apply to the director for a review of the rents proposed to be charged for the rental units rented under life leases in the residential complex.

Inquiry and notice by director

140.1(2)    On receipt of an application under subsection (1), the director shall inquire into the matter and, if the director undertakes a review, the director

(a) shall give notice to the landlord of the review and of the landlord's right to make a submission regarding the rents proposed to be charged;

(b) shall give notice to the other tenants of the residential complex of their right to object to the proposed rent on the ground that it is unreasonable, or that the proposed rent is not calculated in accordance with the life lease; and

(c) may require the landlord to file with the director any material respecting the revenue, costs, reserve funds and rents relating to the residential complex that the director considers necessary.

Order

140.1(3)    The director may, after considering any objections received from tenants and information received from the landlord, make an order

(a) adjusting or disallowing any of the budgeted costs;

(b) requiring that amounts held in one or more reserve funds be applied to operating costs;

(c) disallowing any part of the rents designated as a contribution to a reserve fund or to a refund fund under The Life Leases Act;

(d) setting the rents that may be charged for the rental units in the residential complex, calculated in accordance with the life leases, as of the date for which the landlord gave notice of the rent increase;

(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.

Factors to consider

140.1(4)    Before making an order under this section, the director shall consider

(a) whether the budgeted costs or costs incurred are reasonably attributable to the operation of the residential complex for the benefit of the tenants;

(b) whether the amounts held in reserve funds for the benefit of the residential complex, and the purpose of the funds, are reasonable in the circumstances; and

(c) other prescribed matters.

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).

S.M. 1998, c. 42, s. 78; S.M. 2005, c. 14, s. 7; S.M. 2009, c. 10, s. 67.

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.

S.M. 2009, c. 10, s. 68.

NOTICE OF INCREASE

Three months' notice of increase in charge

140.3(1)    Subject to section 140.5.1, 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.

S.M. 2009, c. 10, s. 68; S.M. 2012, c. 30, s. 22.

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.

S.M. 2009, c. 10, s. 68.

INTERVAL BETWEEN INCREASES

Twelve months between increases

140.5(1)    Subject to section 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.

S.M. 2009, c. 10, s. 68; S.M. 2012, c. 30, s. 23.

NUMBER OF OCCUPANTS AND TENANT SERVICES CHARGE

Tenant services charge increase — additional occupant

140.5.1(1)  If a tenancy agreement includes the provision of tenant services and an additional person becomes a permanent occupant of a rental unit, the landlord may increase the tenant services charge payable under the tenancy agreement by an amount that reflects the value of the increase in tenant services.

Provisions not applicable

140.5.1(2)  Sections 140.3, 140.4 and 140.5 do not apply to an increase in a tenant services charge that is made because an additional person becomes a permanent occupant of the rental unit.

Tenant services charge decrease — fewer occupants

140.5.1(3)  If a tenancy agreement includes the provision of tenant services and

(a) one or more of a group of tenants; or

(b) a permanent occupant of a rental unit;

no longer occupies the rental unit, the landlord must decrease the tenant services charge payable under the tenancy agreement by an amount that reflects the value of the reduction in tenant services.

S.M. 2012, c. 30, s. 24.

REDUCTION OR WITHDRAWAL OF TENANT SERVICES

Notice to tenants

140.6(1)    Except for a reduction in tenant services referred to in subsection 140.5.1(3), 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.

S.M. 2009, c. 10, s. 68; S.M. 2012, c. 30, s. 25.

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;

(b.1) increased a tenant services charge in accordance with subsection 140.5.1(1) by an amount that does not reflect the value of the increase in tenant services;

(b.2) failed to decrease a tenant services charge in accordance with subsection 140.5.1(3) by an amount that reflects the value of the reduction in tenant services;

(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).

S.M. 2009, c. 10, s. 68; S.M. 2012, c. 30, s. 26.

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.

S.M. 2009, c. 10, s. 68.

PART 10

DIRECTOR OF RESIDENTIAL TENANCIES AND RESIDENTIAL TENANCIES COMMISSION

DIRECTOR OF RESIDENTIAL TENANCIES

Appointment of director

141(1)      A Director of Residential Tenancies shall be appointed for the purpose of this Act.

Authority of director

141(2)      Under the control and direction of the minister, the director is responsible for

(a) the general administration of this Act;

(b) exercising the powers and performing the duties of the director under this Act;

(c) providing information to landlords and tenants and others respecting rights and obligations under this Act;

(d) advising the minister respecting the administration of this Act; and

(e) providing information and reports required by the minister.

Power to delegate

142         When the director is given a power or duty under this Act, the director or the minister may authorize 1 or more employees of the government to exercise or perform that power or duty on the conditions that the director or minister determines, and that power or duty may then be exercised or performed by the employee so authorized in addition to the director.

Guidelines

143(1)      Under the authority of the minister, the director may make guidelines which may be used in making determinations under this Act, and may request submissions from any person prior to doing so.

Guidelines not binding

143(2)      The director is not bound by the guidelines when exercising a power or performing a duty under this Act.

Guidelines to be made available

143(3)      The director shall make any guidelines available for inspection by any person during normal business hours.

Disclosure of interests

144(1)      Every person employed by the government for the purpose of administering this Act shall, within 30 days of beginning employment, file with the deputy minister of the department a written declaration of any interests the person has in residential rental property, and shall be required to comply with the conflict of interest guidelines established by the government.

Further disclosures

144(2)      If, after filing a declaration, an employee acquires or disposes of an interest in residential rental property, the employee shall within 30 days of the acquisition or disposal file a further declaration under subsection (1).

Transitional

144(3)      A person employed by the government on the date this section comes into force shall comply with subsection (1) within 30 days of that date.

RESIDENTIAL TENANCIES COMMISSION

Residential Tenancies Commission

145(1)      The Residential Tenancies Commission is established as a specialist tribunal to hear appeals from decisions and orders of the director under this Act, including applications requesting leave of the commission to hear certain appeals.

Composition and appointment

145(2)      The commission shall consist of the following classes of persons who shall be appointed by the Lieutenant Governor in Council:

1.

Persons who in the opinion of the Lieutenant Governor in Council are representative of the knowledge and views of landlords.

2.

Persons who in the opinion of the Lieutenant Governor in Council are representative of the knowledge and views of tenants.

3.

Persons who in the opinion of the Lieutenant Governor in Council are neutral and not representative of the views of either landlords or of tenants.

Regions established

145(3)      To facilitate the operations of the commission under this Act, the Lieutenant Governor in Council may establish regions of the province and may appoint persons from each of the three classes of commissioners to exercise powers and perform duties primarily or solely within 1 or more of the regions.

S.M. 2013, c. 13, s. 7.

Appointment of chief commissioner and deputies

146(1)      The Lieutenant Governor in Council shall appoint from among the neutral commissioners a chief commissioner and 1 or more deputy chief commissioners.

Powers of deputy chief commissioner

146(2)      A deputy chief commissioner may exercise the powers and perform the duties of the chief commissioner on such conditions as may be determined by the chief commissioner.

Term of chief commissioner

146(3)      The chief commissioner shall be appointed for a term of not more than 5 years and shall hold office thereafter until re-appointed or replaced.

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.

Term of other commissioners

146(4)      Other commissioners shall be appointed for terms of not more than 2 years and shall hold office thereafter until re-appointed or replaced.

Termination for cause

146(5)      No appointment of a commissioner shall be terminated except for cause.

Full-time, part-time or sessional basis

146(6)      The chief commissioner shall be appointed on a full-time basis and other commissioners may be appointed on a full-time or part-time or sessional basis.

Completion of proceedings

146(7)      A commissioner whose term expires may complete a proceeding begun before the expiry of the term, unless the commissioner has been removed for cause.

Oath of office

146(8)      Before assuming office, a commissioner shall take and subscribe to an oath or affirmation as determined by the minister.

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).

S.M. 2009, c. 10, s. 69.

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);

(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);

(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.

S.M. 2009, c. 10, s. 70; S.M. 2013, c. 13, s. 8.

Disclosure of interests

148(1)      A commissioner shall, within 30 days of being appointed, file with the chief commissioner a written declaration of any interests the commissioner has in residential rental property.

Further disclosures

148(2)      If, after filing a declaration, a commissioner acquires or disposes of an interest in residential rental property, the commissioner shall within 30 days of the acquisition or disposal file a further declaration under subsection (1).

Disclosure by chief commissioner

148(3)      Subsections (1) and (2) also apply to the chief commissioner, except that the chief commissioner shall file the required declarations with the minister.

Disqualification of commissioners

149         No commissioner shall hear or participate in a proceeding that concerns a matter in which the commissioner

(a) has a pecuniary interest; or

(b) has, within 6 months before the date an appeal is filed with the commission, acted as solicitor, counsel or agent for a person in the matter under appeal.

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.

S.M. 2013, c. 13, s. 9.

Guidelines

150(1)      The chief commissioner may make guidelines which may be used by the commission in making determinations under this Act, but the commission is not bound by the guidelines when exercising a power or performing a duty under this Act.

Consultation respecting guidelines

150(2)      Prior to making guidelines under subsection (1), the chief commissioner may consult with the minister and the advisory committee appointed under section 191, and may request submissions from any person.

Guidelines to be made available

150(3)      The chief commissioner shall make any guidelines available for inspection by any person during normal business hours.

Annual report

151(1)      Within 6 months after the end of each fiscal year, the chief commissioner shall submit an annual report to the minister respecting the activities of the commission and setting out the significant decisions of the commission and the reasons for those decisions.

Tabling report in Assembly

151(2)      The minister must table a copy of the report in the Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.

S.M. 2012, c. 30, s. 27.

PART 11

PROCEDURES

DIRECTOR'S AUTHORITY: MATTERS OTHER THAN RENT REGULATION AND TENANT SERVICES CHARGES

Director's authority: matters other than rent regulation and tenant services charges

152(1)      Except as provided in this Act or The Life Leases Act, the director has the exclusive authority, at first instance, to investigate, endeavour to mediate a settlement and determine

(a) a question arising under Parts 1 to 8 or The Life Leases Act;

(b) a matter arising from an alleged breach of a tenancy agreement or contravention of a provision of Parts 1 to 8 or The Life Leases Act;

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

(d) the length of time a tenant is entitled to continue to occupy a rental unit that is a unit under The Condominium Act after the declaration is registered under that Act.

Application

152(1.1)    A person who wishes to have a question or matter determined shall make an application to the director.

Director may initiate proceedings

152(2)      The director may, on his or her own initiative, investigate and determine a matter arising under a tenancy agreement or guarantee agreement, or under Parts 1 to 8 or The Life Leases Act.

No authority re personal injury or death

152(3)      The director does not have authority under subsection (1) or (2) respecting a claim for damages for personal injury or death.

Authority re section 38 of The Life Leases Act

152(3.1)    The director's authority with respect to The Life Leases Act referred to in subsection (1) or (2) does not extend to section 38 (offences and penalties) of that Act.

Expeditious procedure

152(4)      In exercising authority under this section, the director may determine and adopt the most expeditious method of investigating, mediating and determining a matter.

S.M. 1993, c. 45, s. 47; S.M. 1998, c. 42, s. 79; S.M. 2009, c. 10, s. 72; S.M. 2011, c. 30, Sch. B, s. 10.

Mediation

153(1)      On receiving an application under subsection 152(1.1), the director shall investigate and, subject to subsection (3), endeavour to mediate a settlement of the matter.

Where dispute settled

153(2)      When a matter is settled by mediation, the director shall make a written record of the settlement which is binding on the parties and is not subject to appeal.

If mediation unsuccessful

153(3)      Subject to subsection (6) and section 153.1, if, after investigating the matter, the director is of the opinion that the parties are unlikely to settle it by mediation in a timely manner, the director may make a decision or order under section 154.

Director not disqualified after mediation

153(4)      The director is not disqualified from making a decision or order respecting a matter by reason of having investigated or tried to mediate it.

Non-compliance with settlement

153(5)      When a matter is settled by mediation, or by agreement between the parties while the matter is being investigated or mediated, the director may, if one party fails to comply with the terms on which the matter was settled, make an order compelling compliance or to compensate the other party for loss suffered because of the failure to comply.

Order not subject to appeal

153(5.1)    An order made under subsection (5) is final and not subject to appeal.

Matter under The Life Leases Act

153(6)      If the question or matter referred to in subsection 152(2) or subsection (3) is a question or matter under The Life Leases Act or respecting a life lease, the director may, instead of making a decision or order under section 154, make a decision declining to determine the question or matter having regard to one or more of the following:

(a) the complexity of the question or matter;

(b) the amount of money involved;

(c) the number of persons or interests involved.

Proceedings initiated in court

153(7)      Where the director makes a decision declining to determine a question or matter under subsection (6), a person directly affected by the director's decision may initiate a proceeding in the court for a determination of the matter.

Powers of the court

153(8)      In a proceeding initiated under subsection (7), the court may

(a) determine the question or matter; or

(b) refer the question or matter back to the director for further consideration in accordance with any direction of the court.

Director's decision final

153(9)      A decision of the director under subsection (6) is final and not subject to appeal.

S.M. 1993, c. 45, s. 48; S.M. 1998, c. 42, s. 80; S.M. 2004, c. 33, s. 23; S.M. 2009, c. 10, s. 73.

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.

S.M. 2009, c. 10, s. 74.

Orders by director

154(1)      If, after proceeding in accordance with subsection 152(2) or section 153, the director

(a) determines a question arising under Parts 1 to 8 or The Life Leases Act; or

(b) concludes that there has been a breach of a tenancy agreement or a contravention of a provision of Parts 1 to 8 or The Life Leases Act;

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

1.

Determining the rights and obligations of persons under Parts 1 to 8, The Life Leases Act or a tenancy agreement.

2.

Ordering the payment or repayment of money due to a person under Parts 1 to 8, The Life Leases Act or a tenancy agreement.

3.

Requiring a person who has contravened an obligation under Parts 1 to 8 or The Life Leases Act or breached a tenancy agreement to comply with or perform the obligation.

4.

Requiring a person who has contravened an obligation under Parts 1 to 8 or The Life Leases Act or breached an obligation under a tenancy agreement not to do so again.

5.

Requiring a person who has contravened an obligation under Parts 1 to 8 or The Life Leases Act or breached a tenancy agreement

(a) to compensate another person affected for loss suffered or expense incurred as a result of the contravention or breach;

(b) to pay to the other person reasonable costs, as determined in accordance with a regulation made by the minister; and

(c) to pay interest to the other person, as determined in accordance with a regulation made by the minister, on the compensation.

6.

Authorizing a person to remedy the effect of a contravention or breach and requiring the person in contravention or breach to pay the reasonable expenses associated with the remedy.

7.

Authorizing any action that a person has taken or is to take to remedy the effect of a contravention or breach by another person, and requiring the person in contravention or breach to pay the reasonable expenses associated with the action.

8.

When termination of a tenancy is authorized under Part 6, terminating the tenancy on a specified date.    

8.1.

When termination or cancellation of a life lease is authorized under Part 6, The Life Leases Act or a life lease, terminating or cancelling the life lease.    

8.2.

Ordering the repayment to a tenant of all or any part of a pre-lease payment, as defined in The Life Leases Act, or entrance fee.    

8.3.

Ordering the payment of compensation to a tenant in respect of the tenant's right to assign a life lease.

9.

Granting an order of possession to a landlord on a specified date, if the tenancy agreement has been terminated in accordance with this Act.    

9.1.

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

10.

If the director is of the opinion that a landlord's contravention of the obligation to repair under subsection 59(1) or failure to comply with an order filed under subsection 59(3) is so substantial that occupancy of a rental unit is or would be unfair to a tenant, or endangers or would endanger the health and safety of a tenant, prohibiting the landlord from renting the rental unit until the contravention is remedied or the order is complied with.

11.

If the director believes on reasonable grounds that a landlord has contravened or is likely to contravene subsection 32(1), (2) or (5) or subsection 33(1), ordering that any deposits held or to be received by the landlord respecting rental units specified in the order be paid to the director.

12.

Making any order or decision for which provision is made in Parts 1 to 8 or The Life Leases Act.

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.

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.

Re-direction and set-off

154(2)      If the director makes a decision or order under subsection (1), the director may, at the same time that the decision or order is made, or at a later time, also make one or more of the following orders:

1.

Authorizing a tenant to set off in the manner specified in the order money the landlord owes to the tenant against money the tenant owes to the landlord.

2.

Authorizing a landlord to set off in the manner specified in the order money the tenant owes to the landlord against money the landlord owes to the tenant.

3.

Directing that a tenant or specified tenants of a residential complex pay the rent, any tenant services charges, or a specified part of either, to the director.

4.

If the director is of the opinion that performance of the landlord's obligation to repair under subsection 59(1) is urgently required, directing

(a) that money available for the purpose under the residential tenancies repair program be advanced to meet the landlord's obligation, and

(b) that the rent, any tenant services charges, or a specified part of either, paid to the director under paragraph 3 be remitted by the director in satisfaction of the advance and any interest thereon in accordance with the requirements of the program.

Terms and conditions

154(3)      The director may include in an order under this section terms and conditions the director considers appropriate.

Enforcing an order

154(4)      An order made by the director under subsection (1) or (2) for the purpose of enforcing another order of the director may be made without further investigation or mediation.

Order takes precedence over assignment of rents

154(5)      An order of the director under subsection (2) takes precedence over an attornment or assignment of rents in respect of a rental unit or residential complex.

Order against trustee

154(6)      If all or a part of a pre-lease payment or entrance fee required by an order under paragraph 8.2 of subsection (1) to be repaid has been paid to a trustee under The Life Leases Act, the director may, after notifying the trustee of the application and giving the trustee an opportunity to be heard, order the trustee to pay, out of the funds held by the trustee in connection with the residential complex, the amount to be repaid to the tenant.

S.M. 1993, c. 45, s. 49; S.M. 1998, c. 42, s. 81; S.M. 2004, c. 33, s. 24; S.M. 2005, c. 35, s. 16; S.M. 2009, c. 10, s. 75; S.M. 2013, c. 13, s. 10.

Contents of order

155(1)      A decision or order of the director under section 154 shall specify the provision or provisions of this Act under which it is made, but no decision or order is invalid because a provision is not specified.

Order given to persons affected

155(2)      The director shall as soon as reasonably practicable give a copy of a decision or order under section 154 to all persons directly affected by it and shall advise them of their right to appeal the decision or order to the commission.

Reasons

155(3)      At the request of a person directly affected by a decision or order under section 154, the director shall give the person written reasons for the decision or order.

Orders are public

155(4)      A decision or order of the director under section 154 and any written reasons for it are to be made available to the public, subject to the payment of any prescribed fee.

S.M. 2004, c. 33, s. 25.

Lien for advances for repair

156(1)      Money that is advanced from the residential tenancies repair program in accordance with an order of the director under paragraph 4 of subsection 154(2) shall be, to the extent that it exceeds the rents and any tenant services charges received by the director in satisfaction of the advance, a lien and charge on the residential complex and the land on which it is located.

Enforcement of lien

156(2)      Section 183 applies to a lien under subsection (1), with necessary modifications.

Certificate filed in court

156(3)      Section 183.1 applies, with necessary modifications, to money that is advanced from the residential tenancies repair program in accordance with an order referred to in subsection (1).

S.M. 1993, c. 45, s. 50; S.M. 2009, c. 10, s. 76.

Order filed in court

157(1)      A certified copy of an order of the director under section 154 for the payment of money may be filed in the court and on being filed may be enforced in the same manner as a judgment of the court.

Order of possession

157(2)      If an order of possession made by the director is not complied with by the date specified in the order, a certified copy of the order may be filed in the court, and on being filed has the same effect and all proceedings may be taken on it, as if it were an order of the court, and the registrar of the court shall issue a writ of possession.

S.M. 1993, c. 45, s. 51.

DIRECTOR'S AUTHORITY: RENT REGULATION AND TENANT SERVICES CHARGES

Director's authority: rent regulation and tenant services charges

158(1)      The director has the exclusive authority, at first instance, to investigate and determine all matters arising under Part 9 or 9.1.

Director may initiate own proceedings

158(2)      The director may on his or her own initiative investigate and determine a matter arising under section 140 or 140.7.

S.M. 2009, c. 10, s. 78.

Contents of order

159(1)      An order of the director under Part 9 or 9.1 shall specify the provision or provisions under which it is made, but no order is invalid because a provision is not specified.

Order given to persons affected

159(2)      The director shall as soon as reasonably practicable give a copy of an order under Part 9 or 9.1 to all persons directly affected by it and shall advise them of their right to appeal the decision or order to the commission.

Reasons

159(3)      At the request of a person directly affected by an order under Part 9 or 9.1, the director shall give the person written reasons for the order.

S.M. 2009, c. 10, s. 79.

Order filed in court

160         A certified copy of an order of the director under Part 9 or 9.1 may be filed in the court and on being filed may be enforced in the same manner as a judgment of the court.

S.M. 2009, c. 10, s. 80.

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.

S.M. 2009, c. 10, s. 81.

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.

S.M. 2013, c. 13, s. 11.

APPEAL TO THE COMMISSION

Appeal from order of director

161(1)      Except if leave to appeal is required under subsection 160.2(1), or as otherwise provided in this Act or any other Act, any person directly affected by a decision or order of the director may appeal the decision or order to the commission.

Notice of appeal

161(2)      Except as provided in subsection (2.1) or (2.2), an appeal shall be commenced by filing a notice of appeal in writing with the commission within 14 days after the person receives a copy of the decision or order of the director, or within such further time as the chief commissioner or a deputy chief commissioner permits.

Notice in specified matters

161(2.1)    An appeal of a decision or order made by the director under paragraph 2 of subsection 154(1) respecting a contravention of subsection 32(5) or under paragraph 9 of subsection 154(1) shall be commenced by filing a notice of appeal in writing with the commission within seven days after the person receives a copy of the decision or order, or within such further time as the chief commissioner or a deputy chief commissioner permits.

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.

Notice re Parts 1 to 8 and other matters

161(3)      When the matter appealed from arises under Parts 1 to 8, section 140 or 140.7, The Life Leases Act, a tenancy agreement or guarantee agreement, the appellant shall give a copy of the notice of appeal to the director and to all persons directly affected by the decision or order appealed from.

Notice re Part 9 or 9.1 matters

161(4)      When the matter appealed from arises under Part 9 (Rent Regulation), other than under section 140, or under Part 9.1 (Tenant Services Charges), other than under section 140.7, the commission shall give a copy of the notice of appeal to the director and to all persons directly affected by the decision or order appealed from, but a proceeding is not invalid because a notice is not given to each person who is directly affected.

S.M. 1993, c. 45, s. 52; S.M. 1998, c. 42, s. 82; S.M. 2004, c. 33, s. 26; S.M. 2009, c. 10, s. 82; S.M. 2013, c. 13, s. 12.

Information to be forwarded

162         The director shall without delay forward to the commission any records and information that the commission requests in respect of an appeal filed under section 161.

Order of director stayed

163(1)      An appeal from a decision or order of the director stays the decision or order pending the hearing of the appeal, unless the commission orders otherwise.

Exception

163(2)      Despite subsection (1), an appeal does not stay an order of the director under subsection 154(2) made for the purpose of enforcing an order under subsection 154(1) if

(a) the appeal period in respect of the order under subsection 154(1) has expired and no appeal has been taken or an appeal has been taken but has been withdrawn or abandoned; or

(b) any right of appeal from the order under subsection 154(1) has been exhausted.

Parties

164         The parties to an appeal are the persons directly affected by the decision or order appealed from and any person added as a party by the commission.

Hearing

165(1)      The commission shall conduct a hearing in respect of a matter for which a notice of appeal is filed.

Notice of hearing

165(2)      The commission shall give reasonable notice of the hearing to the parties and identify the matter in respect of which the hearing will be held.

Procedure

165(3)      The commission shall determine its own practice and procedure but shall give full opportunity to the parties to present evidence and make submissions.

Hearings conducted orally or in writing

165(4)      The commission may conduct a hearing orally, including by telephone, or in writing or partly orally and partly in writing.

Public hearings

165(5)      When the commission considers it appropriate to conduct an oral hearing with the parties present, the hearing shall be open to the public unless the commission is of the opinion that all or part of the hearing should be private because intimate financial, personal or other matters may be disclosed which are of such a nature that the desirability of avoiding disclosure outweighs the desirability of holding the hearing in public.

Director entitled to be heard

165(6)      The director is entitled to be heard, by counsel or otherwise, on an appeal to the commission.

Witness fees

165(7)      A witness who is required to attend a hearing of the commission or to produce documents is entitled to be paid the same fees as are payable to a witness in an action in the court.

Part V of Evidence Act powers

166         Commissioners have the powers of a commissioner under Part V of The Manitoba Evidence Act.

Investigation

167         The commission may, before or during a hearing, carry out any investigation or inspection that it considers necessary.

Adoption of director's findings

168         The commission may adopt the director's findings of fact except insofar as a party to an appeal puts them in issue.

Evidence

169(1)      Evidence may be given before the commission in any manner that the commission considers appropriate, and the commission is not bound by the rules of law respecting evidence applicable to judicial proceedings.

Commission may consider relevant information

169(2)      In addition to evidence given in the course of a hearing, the commission may consider relevant information in the possession of the director or that is otherwise obtained by the commission, if the commission informs the parties of the nature of the information and gives them an opportunity to explain or refute it.

Right of parties to examine filed material

169(3)      The commission shall give the parties to an appeal a reasonable opportunity to examine all material filed with the commission that is relevant to the appeal.

Parties not entitled to copies of certain material

169(4)      If the appeal is from an order of the director made under Part 9, the parties to an appeal are not entitled to have or make copies of

(a) the material forwarded by the director to the commission under section 162; and

(b) any other material filed with the commission, other than a copy of a party's written submission that is intended specifically for the appeal hearing.

S.M. 2012, c. 30, s. 28.

Powers of commission on appeal

170(1)      After holding a hearing with respect to an appeal, the commission may

(a) confirm, vary or rescind the decision or order of the director; or

(b) make any decision or order that the director could have made.

Director to receive and disburse all money

170(2)      When the commission makes an order that a tenant must pay money under paragraph 3 of subsection 154(2), the money shall be received and disbursed by the director in accordance with the commission's order.

S.M. 2009, c. 10, s. 83; S.M. 2013, c. 13, s. 13.

Contents of order

171(1)      A decision or order made by the commission shall specify the provision or provisions of this Act under which it is made, but no decision or order is invalid because a provision is not specified.

Order given to parties

171(2)      The commission shall as soon as reasonably practicable give a copy of a decision or order it has made to each of the parties and, subject to subsection 160.2(16), where the matter arises under Parts 1 to 8, The Life Leases Act, a tenancy agreement or guarantee agreement, advise them of their right to apply to the Court of Appeal for leave to appeal on a question of jurisdiction or law.

Reasons

171(3)      At the request of a party, the commission shall give the party written reasons for the decision or order.

Orders are public

171(4)      A decision or order of the commission and any written reasons for it are to be made available to the public, subject to the payment of any prescribed fee.

S.M. 1998, c. 42, s. 83; S.M. 2004, c. 33, s. 27; S.M. 2009, c. 10, s. 84; S.M. 2013, c. 13, s. 14.

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.

S.M. 2009, c. 10, s. 85.

Director may enforce commission orders

171.1        For the purpose of enforcing a decision or order of the commission made under subsection 170(1), the director may — without further investigation or mediation — make an order respecting a set-off or redirection of

(a) rent; or

(b) any tenant services charges.

S.M. 2004, c. 33, s. 28; S.M. 2009, c. 10, s. 86.

Record of hearing

172         The commission shall compile a record of a hearing it has held, which shall consist of

(a) the decision or order of the director that was appealed from;

(b) the notice of appeal to the commission;

(c) the notice of hearing by the commission;

(d) written submissions received by the commission; and

(e) the decision or order of the commission and any reasons for the decision or order.

Order filed in court

173         Section 157 respecting the filing of an order of the director in the court also applies to an order of the commission.

Reference to Court of Appeal

174(1)      The commission may, of its own motion or on the application of a party to an appeal, state a case in writing for the opinion of the Court of Appeal on a question of law or jurisdiction.

Decision of Court of Appeal

174(2)      The Court of Appeal shall hear and determine the stated case and remit it to the commission with its opinion.

Proceedings, etc. not stayed

174(3)      A case stated under this section does not stay a proceeding or a decision or order of the commission.

Director entitled to be heard

174(4)      The director is entitled to be heard, by counsel or otherwise, on the argument of a stated case.

Costs

174(5)      Costs shall not be awarded in a case stated under subsection (1).

APPEAL TO COURT OF APPEAL

Appeal to Court of Appeal

175(1)      Any person who is a party to an appeal in a matter arising under a tenancy agreement, Parts 1 to 8 or The Life Leases Act may, if the person took part in the hearing, appeal the decision or order of the commission to the Court of Appeal.

Appeal with leave

175(2)      An appeal under subsection (1) may be taken only on a question of jurisdiction or of law and only with leave obtained from a judge of the Court of Appeal.

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.

S.M. 1998, c. 42, s. 84; S.M. 2009, c. 10, s. 87.

Commission entitled to be heard

176         The commission is entitled to be heard, by counsel or otherwise, on the argument of an application for leave to appeal and on an appeal.

Order of commission stayed

177         An appeal from a decision or order of the commission stays the decision or order pending the hearing of the appeal, unless a judge of the Court of Appeal orders otherwise.

Powers of Court on appeal

178         The Court of Appeal on hearing the appeal may

(a) make any decision or order that in its opinion ought to have been made;

(b) quash, vary or confirm the decision of the commission; or

(c) refer the matter back to the commission for further consideration in accordance with any direction of the Court.

Director may enforce Court of Appeal orders

178.1        For the purpose of enforcing a decision or order of the Court of Appeal made under section 178, the director may — without further investigation or mediation — make an order respecting a set-off or redirection of

(a) rent; or

(b) any tenant services charges.

S.M. 2004, c. 33, s. 29; S.M. 2009, c. 10, s. 88.

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).

S.M. 2009, c. 10, s. 89.

DIRECTOR'S AUTHORITY: REDIRECTING RENTS OR TENANT SERVICES CHARGES

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.

Director's authority to apply money

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

(a) to any person to remedy a failure by the landlord to comply with an order of the director respecting a contravention by the landlord of an obligation under this Act or a breach of a tenancy agreement; and

(b) to the security deposit compensation fund or the residential tenancies repair program in any amounts that the director is entitled under this Act to recover from the landlord.

Balance to landlord

179.1(3)    After making the payments referred to in clauses (2)(a) and (b) and deducting any prescribed administration fee, the director shall pay any balance remaining to the landlord.

S.M. 1993, c. 45, s. 53; S.M. 2009, c. 10, s. 91.

APPOINTMENT OF RECEIVER-MANAGER

Definition

180(1)      In this section and sections 181 to 183, "local authority" means

(a) the council of a municipality or a person designated by the council;

(b) the resident administrator of a local government district; or

(c) as defined under The Northern Affairs Act,

(i) an incorporated community, and

(ii) in northern Manitoba anywhere other than in an incorporated community, the minister responsible for the administration of The Northern Affairs Act.

Request to appoint receiver-manager

180(2)      A local authority or a majority of the tenants of a residential complex may, in writing, request the director to apply to the court for the appointment of a receiver-manager of the residential complex if

(a) the landlord is in contravention of the obligation to repair under subsection 59(1) with respect to the residential complex; and

(b) an order has been filed with the director under subsection 59(3).

Notice of request to be given

180(3)      The director shall as soon as practicable after receiving a request under subsection (2) give notice of the request to

(a) the landlord and any owner of the residential complex;

(b) the tenants of the residential complex;

(c) any occupant of other premises located in the same building as the residential complex; and

(d) any person who has registered a charge, encumbrance or claim in the land titles office against the land on which the residential complex is located.

Decision by director within 60 days

180(4)      Within 60 days after receiving a request under subsection (2), the director shall

(a) make a decision as to whether to make application to the court for the appointment of a receiver-manager of the residential complex; and

(b) give notice of the decision to the person or local authority who made the request and to any other person described in subsection (3) and, when requested, provide written reasons for the decision.

Factors to be considered

180(5)      The director may make application to the court for the appointment of a receiver-manager only if the director first determines that

(a) no person holding a charge, encumbrance or claim registered in the land titles office against the land on which the residential complex is located is willing and able, within a reasonable time, to carry out the repairs required to comply with the order filed under subsection 59(3);

(b) the appointment of a receiver-manager is appropriate having regard to

(i) the effect of the landlord's failure to comply with an order filed under subsection 59(3) on the health and safety of the tenants,

(ii) whether the director's estimate of potential net revenue available to a receiver-manager over a period of one year from the appointment of the receiver-manager is sufficient to meet the estimated cost of the repairs, including the repair of any structural deficiency, that the director considers necessary to comply with an order filed under subsection 59(3), and

(iii) the effect on the financial viability of the residential complex of the nature and estimated cost of the repairs in relation to the director's estimate of potential net revenue available to a receiver-manager over a period of one year from the appointment of the receiver-manager; and

(c) the appointment of a receiver-manager is the most reasonable alternative available to ensure that the repairs required to comply with an order filed under subsection 59(3) are carried out.

Decision to apply to court

180(5.1)     A decision of the director under clause (4)(a) to make application to the court is final and not subject to appeal.

Application to court by director

180(6)      The director shall make an application to the court within 30 days after making a decision to apply.

S.M. 1993, c. 45, s. 54; S.M. 2000, c. 35, s. 75; S.M. 2006, c. 34, s. 267.

Appeal to commission

181(1)      If the director decides under clause 180(4)(a) not to make application to the court, any person or local authority entitled under clause 180(4)(b) to receive notice of the director's decision may appeal the decision by filing a notice of appeal in writing with the commission within 14 days after receiving the notice, or within such further time as the commission permits.

Procedure on appeal

181(2)      The commission shall conduct a hearing in respect of an appeal under subsection (1) and the procedures set out in sections 165 to 169 apply, with necessary modifications.

Powers of commission on appeal

181(3)      After holding a hearing, the commission shall make an order

(a) requiring the director to make application to the court for the appointment of a receiver-manager, in which case the commission shall provide written reasons for its decision to persons who took part in the hearing of the appeal; or

(b) dismissing the appeal.

Limitation

181(4)      The commission shall not make an order under clause (3)(a) unless it determines that the appointment of a receiver-manager is appropriate having regard to the matters described in subsection 180(5).

No appeal from order of commission

181(5)      An order under subsection (3) is final and not subject to appeal.

Director to comply with order

181(6)      The director shall make an application to the court for the appointment of a receiver-manager within 30 days after the commission makes an order under clause (3)(a) requiring the director to do so.

S.M. 1993, c. 45, s. 55.

Appointment of receiver-manager

182(1)      If the court is satisfied with the determinations of the director or the commission, the court may appoint a person as receiver-manager of the residential complex, in place of the landlord, with all the powers and duties of the landlord under this Act, except as the court may otherwise order.

Orders of the court

182(2)      When the court appoints a receiver-manager, the court may

(a) order the receiver-manager to determine and report to the court on the effect that the proposed repairs might have on the financial viability of the residential complex;

(b) order that, on notice being given to the landlord and tenants, any rent, tenant services charges and other revenue due and accruing due from the residential complex, or a specified part thereof, be paid to the receiver-manager, and that the order take precedence over an attornment or assignment of the rent, tenant services charges or other revenue;

(c) order that any rent, tenant services charges and other revenue received by the receiver-manager be expended to meet the obligations of the landlord respecting the residential complex, to repay any money borrowed to meet the obligations, and to pay costs relating to the administration;

(d) order that any deposits, and interest accrued, in the possession or control of the landlord be paid to the receiver-manager or director;

(e) authorize the receiver-manager to enter into agreements, including an agreement to borrow money from the residential tenancies repair program or otherwise, to meet the obligations of the landlord respecting the residential complex and for the proper administration of the residential complex;

(f) order that any expenses paid by the director for the purpose of making a decision under subsection 180(4) or complying with an order of the commission under clause 181(3)(a) be paid by the receiver-manager;

(g) order that any order previously made by the director or the commission with respect to the residential complex be varied, rescinded or replaced;

(h) order the landlord to turn over any keys, equipment and records required by the receiver-manager;

(i) fix the remuneration of the receiver-manager; and

(j) make such other order as the court considers just.

Registration of notice in L.T.O.

182(2.1)    The director shall register a notice in the appropriate land titles office giving notice of the appointment of a receiver-manager in respect of a residential complex and setting out the legal description of the land affected.

Entry of registration on title

182(2.2)    When a notice is registered under subsection (3), the district registrar shall make an entry of the registration on the title or abstract of title for the land affected and shall send a notice of the registration to an owner or claimant whose name appears on the register of the land titles office.

Duties of receiver-manager

182(3)      A receiver-manager shall

(a) act in accordance with the directions of the court;

(b) take control of and administer such land and buildings as the court directs;

(c) open and maintain a bank account or bank accounts for any money coming into his or her possession as receiver-manager;

(d) keep detailed accounts of transactions carried out as receiver-manager;

(e) prepare, at least once every 6 months from the date of the appointment, financial statements respecting his or her administration, and provide a copy of the financial statements to such persons as the court directs;

(f) on completion of his or her duties, file a final account of the administration for the approval of the court.

Application for directions from court

182(4)      On the application of a receiver-manager, the court may make any order it considers just, including an order

(a) approving the accounts of the receiver-manager;

(b) respecting the remuneration of the receiver-manager;

(c) giving direction on any matter relating to the duties of the receiver-manager;

(c.1) varying an order made under this section;

(c.2) reinstating any order of the director or the commission under this Act that was in effect at the time the receiver-manager was appointed;

(d) replacing or discharging the receiver-manager.

Discharge of notice

182(5)      When the appointment of the receiver-manager is discharged, the director shall register a notice of discharge, in the form approved under The Real Property Act, in the appropriate land titles office.

S.M. 1993, c. 45, s. 56 and 57; S.M. 2009, c. 10, s. 92; S.M. 2013, c. 11, s. 77.

Lien for money expended by receiver-manager

183(1)      Money expended by the receiver-manager in the exercise of a power or in the performance of a duty approved by the court, to the extent that the expenditure is in excess of the rent, tenant services charges and other money received by the receiver-manager,

(a) is a lien and charge on the residential complex and the land occupied by it; and

(b) on notice by the director to the local authority, shall be added, in the amount certified by the director from time to time, to the real property tax of the local authority in which the residential complex and land occupied by it are located, and shall be collected in the same manner and with the same priority as ordinary tax on land is collected and with like remedies.

Notice of right to object

183(1.1)    When the director gives notice to the local authority under clause (1)(b), the director shall give notice to the landlord, any owner of the residential complex and any person who has registered a charge, encumbrance or claim in the land titles office against the land on which the residential complex is located of the right to object to the addition of the amount referred to in clause (1)(b) to the real property tax.

Objection filed with director

183(1.2)    A person who receives a notice under subsection (1.1) may, within 30 days after receiving the notice, file an objection in writing with the director on the ground that the total of the following amounts is less than 75% of the fair market value of the residential complex and the land:

(a) the amount of all charges, encumbrances and claims registered in the land titles office against the land on which the residential complex is located;

(b) the amount of money expended by the receiver-manager in the exercise of a power or in the performance of a duty approved by the court that is in excess of the rent, tenant services charges and other money received by the receiver-manager;

(c) the amount of any overdue real property taxes on the land on which the residential complex is located;

(d) the amount of any money owing to the residential tenancies repair program with respect to the residential complex, other than money that is included in any of the amounts described in clauses (a) to (c);

(e) the amount of all deposits and interest at the prescribed rate held by the landlord with respect to tenants of the residential complex, unless the landlord has provided security in accordance with subsection 30(2).

Objection to include request for appraisal

183(1.3)    An objection filed under subsection (1.2) shall include a request that the director obtain an appraisal of the fair market value of the residential complex and the land on which it is located and an undertaking by the person filing the objection to pay the cost of the appraisal to the director.

Appointment of appraiser

183(1.4)    On receiving an objection under subsection (1.2), the director

(a) shall appoint a qualified appraiser to prepare an appraisal of the fair market value of the residential complex and the land on which it is located; and

(b) may require any person to file with the director any information that the director considers necessary respecting the matters described in clauses (1.2)(a) to (e).

Finding by director

183(1.5)    If, after considering the appraisal and any other information obtained under subsection (1.4), the director finds that the total of the amounts described in clauses (1.2)(a) to (e) is less than 75% of the appraised value of the residential complex and the land on which it is located, the director shall

(a) withdraw the notice given to the local authority under clause (1)(b) and request the local authority to remove the amount added to the real property tax under that clause; and

(b) give notice of the withdrawal to the persons given notice under subsection (1.1).

Remittance by local authority

183(2)      Unless the director withdraws the notice given under clause (1)(b), the local authority shall remit to the director the amount added to the real property tax under this section when that amount is paid.

Report to local authority

183(2.1)    If the director gives notice to the local authority under clause (1)(b), the director shall report to the local authority from time to time as to any change in the amount owing and request that the real property tax be adjusted accordingly.

183(3)      Renumbered as subsection 182(2.1).

183(4)      Renumbered as subsection 182(2.2).

183(5)      Renumbered as subsection 182(5).

S.M. 1993, c. 45, s. 56 and 57; S.M. 2009, c. 10, s. 93.

Certificate filed in court

183.1       At any time after an advance is made from the residential tenancies repair program to a receiver-manager, the director may complete a certificate as to the amount of money borrowed from the residential tenancies repair program and file the certificate in the court, and on filing the certificate is deemed to be a judgment of the court in favour of the director for the purpose of enforcement.

S.M. 1993, c. 45, s. 58.

Redirection

183.2       When, after a receiver-manager is discharged, money borrowed by the receiver-manager from the residential tenancies repair program has not been repaid with interest in accordance with the requirements of the program, the director may make an order directing that a tenant or tenants of the residential complex pay the rent, any tenant services charges, or a specified part of either, to the director for payment to the residential tenancies repair program.

S.M. 1993, c. 45, s. 58; S.M. 2009, c. 10, s. 94.

PART 12

GENERAL PROVISIONS

Giving of notices

184(1)      A notice or other document under this Act may be given

(a) by handing it to the person or,

(i) if the person is a landlord, by handing it to an agent of the landlord, and

(ii) if the person is a tenant, sub-tenant or occupant, by handing it to an apparently adult person in the residence of the tenant, sub-tenant or occupant; or

(b) by sending it by prepaid, first class mail to the address where the person resides or carries on business.

Notices of termination

184(2)      Despite subsection (1), a notice of termination given by a landlord to a tenant under Part 6 must be handed to the tenant or to an apparently adult person in the rental unit, and cannot be given by mail.

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.

When giving by mail

184(3)      A notice or other document sent by mail under clause (1)(b) is deemed to be given on the 5th day after the day of mailing, unless the person to whom it is sent establishes that, acting in good faith, he or she did not receive the notice or other document, or did not receive it until a later date, because of absence, accident, illness or other cause beyond that person's control.

Director or commission may give directions

184(4)      Despite the other provisions of this section, the director or the commission may direct a notice or document to be given in a manner that is not described in this section.

Actual notice is sufficient

184(5)      Despite the fact that a notice or other document is not given in accordance with this section, it is sufficiently given if it actually came to the attention of the person to whom it was intended to be given within the time for giving it under this Act.

S.M. 1993, c. 45, s. 59; S.M. 2009, c. 10, s. 95.

Entry to inspect records

185(1)      A person authorized by the director may at any reasonable time and without a warrant, and where requested, upon presentation of identification, enter any business premises, or any premises where the person believes on reasonable grounds that business records are kept, and may

(a) inspect or examine such records as are reasonably required for the purpose of enforcing and administering this Act or The Life Leases Act, and if a record is stored in electronic form, the person may require

(i) the production of a copy, and

(ii) the provision of the means of accessing the record as well as instructions and assistance in the use of those means to inspect or examine it; and

(b) make copies of or take extracts from any record referred to in clause (a).

Entry to residential premises

185(2)      A person authorized by the director may at any reasonable time and without a warrant, and where requested, upon presentation of identification, enter a rental unit, residential complex or other place and make any inspection therein that is reasonably required for the purpose of enforcing and administering this Act or The Life Leases Act.

Entry with order

185(3)      When a justice is satisfied by information under oath that

(a) a reasonable, unsuccessful effort to effect entry under subsection (1) or (2) without the use of force has been made; or

(b) there are reasonable grounds for believing that entry would be denied without a warrant;

the justice may at any time, and where necessary upon application without notice, issue an order authorizing any person named in the order, with such peace officers as are required to assist, to enter a place and to take any action a person authorized by the director may take under subsection (1) or (2).

Production of records

185(4)      The director may request a person to produce any record the director reasonably requires for the purpose of enforcing and administering this Act or The Life Leases Act, and the person shall produce the records with all due dispatch.

Admissibility of copies

185(5)      A copy of a record inspected, examined or produced under this section and certified as being a true copy of the original by the person who made it is admissible in evidence to the same extent as, and has the same evidentiary value as, the original.

S.M. 1998, c. 42, s. 85.

Reproduced signatures

185.1       The signature of a person on a document issued by or on behalf of the director or the commission under this Act may be reproduced by printed, electronic or other means and if so reproduced, is valid without proof of the signature or appointment of the person signing the document.

S.M. 2004, c. 33, s. 30.

Certificate of director

186         In a prosecution or proceeding under this Act in which proof is required respecting the giving, receiving or filing of a notice or other document, a certificate signed by the director is admissible in evidence as prima facie proof of the facts stated in the certificate and of the authority of the director without further proof of the director's appointment or signature.

Effect of lack of formality in proceedings

187(1)      No proceeding under this Act is invalid by reason only of a defect in form, a technical irregularity or a lack of formality.

Substantial compliance with forms, etc.

187(2)      Substantial compliance with requirements respecting the contents of forms, notices or documents is sufficient unless the director or the commission is of the opinion that it would result in unfairness to any person.

No review by court

188         Except as provided in this Act, a decision or order of the director or the commission is final and binding and not subject to appeal or review by a court.

Audit

189         The director may in connection with matters governed by this Act or The Life Leases Act at any time audit the records maintained by a landlord.

S.M. 1998, c. 42, s. 86.

Immunity from action

190(1)      No action or proceeding may be brought against the commission, a commissioner, the director, a designated authority, or an employee or agent of the commission, the government or a designated authority for any act done in good faith in the performance or intended performance of a duty or in the exercise or intended exercise of a power under this Act or The Life Leases Act, or for any neglect or default in the performance or exercise in good faith of such duty or power.

Compellability of witnesses

190(2)      A commissioner, the director, or an employee or agent of the commission or the government shall not, in a civil action or proceeding, be required to testify about information or to produce documents or things obtained under this Act or The Life Leases Act, except for the purpose of carrying out the person's duties under this Act or The Life Leases Act.

Designated authority not compellable as witness

190(3)      A designated authority and an employee of a designated authority cannot be compelled, in court or in any other proceeding, including a proceeding before the commission,

(a) to give evidence about information obtained by or on behalf of the designated authority for the purposes of this Act; or

(b) to produce any document or other thing obtained by or on behalf of the designated authority for the purposes of this Act.

Definition: "designated authority"

190(4)      In this section, "designated authority" means a designated authority appointed under subsection 92.4(1).

S.M. 1998, c. 42, s. 86; S.M. 2011, c. 46, s. 4.

Advisory committee

191(1)      The minister shall establish a landlord and tenant advisory committee to advise the minister on the administration of this Act and The Life Leases Act.

Membership

191(2)      The committee shall consist of equal numbers of persons who, in the minister's opinion, are representative of the views of landlords and of tenants.

S.M. 1998, c. 42, s. 87.

Right of distraint abolished

192(1)      A landlord shall not distrain for default in the payment of rent or of any money due as a result of a decision or order made under this Act.

Interesse termini abolished

192(2)      Despite the fact that a tenant does not take possession of a rental unit, rights under the tenancy agreement are capable of taking effect from the date of commencement of the term specified in the tenancy agreement.

Covenants in posse and esse

192(3)      Covenants touching and concerning the rental unit and the residential complex run with the land or reversion whether or not the things are in existence at the time that the tenancy agreement is entered into.

Application of Landlord and Tenant Act

193(1)      Unless inconsistent with this Act, subsections 38(2), (3) and (5) and sections 46 and 47 of The Landlord and Tenant Act apply to landlords, tenants, rental units and tenancy agreements under this Act, but if there is a conflict between the rights of a mortgagee or vendor under subsections 38(2), (3) and (5) of The Landlord and Tenant Act and a decision or order made under this Act, the decision or order under this Act prevails.

Application of Short Forms Act

193(2)      The Short Forms Act does not apply to a tenancy agreement under this Act.

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.

S.M. 2009, c. 10, s. 96.

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.

S.M. 2009, c. 10, s. 96.

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.

S.M. 2009, c. 10, s. 96.

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.

S.M. 2009, c. 10, s. 96.

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).

S.M. 2009, c. 10, s. 96.

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.

S.M. 2009, c. 10, s. 96.

Administrative penalty public

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

S.M. 2009, c. 10, s. 96.

PART 13

REGULATIONS

Regulations

194(1)      The Lieutenant Governor in Council may make regulations

(a) respecting the determination of discounts for the purpose of the definition of "rent";

(b) exempting residential complexes or classes of residential complexes from this Act or specified provisions of this Act;

(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;

(c) respecting the records and information respecting deposits that shall be kept and that shall be provided to the director;

(d) respecting bonds, financial instruments or other securities provided under subsection 30(2), including

(i) the form and amount of bonds or securities to be provided,

(ii) the terms and conditions respecting the bonds or securities,  

(iii) the conditions upon which, and the manner in which, bonds or securities may be forfeited or realized upon, and

(iv) the disposition of the proceeds of bonds or securities forfeited or realized upon;

(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;

(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;

(f) respecting applications for rent increases and the making of orders respecting rent increases;

(g) respecting the determination of a landlord's actual expenses for the purpose of clause 125(3)(b) and subclause 125(4)(a)(ii);

(g.1) respecting the determination of a landlord's expenses for the purpose of clause 129(2)(b);

(g.2) prescribing the portion of the cost of furniture for the purpose of calculating a rent increase under subsection 132.1(1);

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

(i) establishing categories of rehabilitation schemes,

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

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

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

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

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

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

(i) respecting fees and charges for any matter or thing done or service provided by the director or the commission, including the manner in which payment of fees and charges may be enforced, and exempting a class or classes of persons from the requirement to pay fees or charges;

(i.1) respecting late payment fees landlords may charge under subsection 69(4), including exempting a class or classes of persons from the requirement to pay fees or charges and setting out the circumstances for doing so;

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

(j) defining any word or expression used in this Act but not specifically defined in this Act;

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

(j.5) prescribing the period of notice under clause 92.1(3)(a), including prescribing different periods depending on when the member of the Canadian Forces or Reserves is informed of a change in his or her posting;

(k) providing for the application of The Civil Service Superannuation Act to commissioners;

(k.1) respecting the discharge of a notice registered under section 135.1;

(k.2) respecting the application of this Act to tenants and holders of rights of first refusal in respect of rental units that are not units under The Condominium Act but that are situated on land in respect of which a declaration and plan have been registered under that Act;

(l) respecting any matter required or authorized by this Act to be prescribed;

(m) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this Act.

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.

S.M. 1992, c. 42, s. 4; S.M. 1993, c. 45, s. 60; S.M. 2005, c. 35, s. 17; S.M. 2009, c. 10, s. 97; S.M. 2011, c. 30, Sch. B, s. 11; S.M. 2011, c. 34, s. 43; S.M. 2011, c. 46, s. 5; S.M. 2012, c. 30, s. 29; S.M. 2013, c. 13, s. 15.

Regulations by minister

194.1       The minister may make regulations

(a) prescribing the rate of interest payable on a deposit under subsection 31(1);

(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);

(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).

S.M. 1993, c. 45, s. 61; S.M. 2005, c. 35, s. 18; S.M. 2009, c. 10, s. 98.

PART 14

OFFENCES AND PENALTIES

Offences

195(1)      A person who

(a) contravenes or fails to comply with a provision of this Act;

(b) deprives, abridges or restricts or attempts to deprive, abridge or restrict a person in the enjoyment of a right or benefit under a tenancy agreement or under this Act, including the right to take or to participate in proceedings;

(c) hinders, obstructs or interferes with or attempts to hinder, obstruct or interfere with a commissioner, the director or an employee or agent of the commission or the government or any person acting under the authority of this Act, in the exercise of a power or the performance of a duty under this Act; or

(d) contravenes or fails to comply with a decision or order of the director or the commission;

is guilty of an offence.

Officers and directors of corporations

195(2)      Every director, officer or agent of a corporation who authorizes, acquiesces in or participates in an offence under this Act is guilty of an offence.

Penalty

195(3)      Except as provided in subsection (4), a person who is guilty of an offence under this section is liable on summary conviction,

(a) in the case of an individual, to a fine of not more than $2,000.; and

(b) in the case of a corporation, to a fine of not more than $10,000.

Offences respecting deposits

195(4)      A person who is guilty of an offence under this section in respect of an obligation imposed by subsection 32(1), 32(2), 32(5) or 33(1) is liable on summary conviction,

(a) in the case of an individual, to a fine of not more than $20,000., or to imprisonment for a term of not more than 2 years, or both; and

(b) in the case of a corporation, to a fine of not more than $50,000;

and the court convicting the person may, in addition to any other penalty, order the person convicted to pay compensation or restitution in respect of that offence.

Limitation

195(5)      A prosecution for an offence under this section may be commenced not more than 1 year after the date on which the offence was or is alleged to have been committed, except that where the offence is an offence described in subsection (4), a prosecution may be commenced not more than 3 years after the date on which the offence was or is alleged to have been committed.

S.M. 1993, c. 45, s. 62; S.M. 2009, c. 10, s. 99; S.M. 2012, c. 40, s. 41.

PART 15

TRANSITIONAL, REPEAL, CONSEQUENTIAL AND COMING INTO FORCE

196         [Repealed]

S.M. 1992, c. 42, s. 5; S.M. 1993, c. 45, s. 63; S.M. 1996, c. 59, s. 106; S.M. 2009, c. 10, s. 100.

Furniture rental agreements

196.1       When immediately before the coming into force of this section, a landlord rents a furnished rental unit to a tenant,

(a) the furniture rental agreement entered into before the coming into force of this section is deemed to be part of the tenancy agreement;

(b) any amount payable as furniture rental under that furniture rental agreement shall be added to the rent payable for the rental unit after the coming into force of this section; and

(c) any condition report for the furniture in the furnished rental unit is deemed to be a condition report under section 39.

S.M. 1993, c. 45, s. 64.

197(1) and (1.1)  [Repealed] S.M. 2009, c. 10, s. 100.

Rehabilitation scheme exemptions under former Act continued

197(2)      An exemption under clause 2(2)(b) of The Residential Rent Regulation Act which is in effect on the coming into force of this Act is deemed to be an order made under subsection 134(1) of this Act granting an exemption referred to in clause 134(2)(b) of this Act.

Prohibition re condominium conversions continued

197(2.1)    When on the coming into force of this subsection an order referred to in subsection 197(2) is in effect, the provisions of section 136 that were in force immediately before the coming into force of this subsection apply to that order, with necessary modifications.

197(3) and (4)  [Repealed] S.M. 2009, c. 10, s. 100.

S.M. 1993, c. 45, s. 65; S.M. 1996, c. 59, s. 106; S.M. 2009, c. 10, s. 100.

Life lease payments

197.1       A pre-lease payment, as defined in The Life Leases Act, or an entrance fee received by a landlord from a prospective tenant or a tenant with respect to a life lease before the coming into force of that Act is deemed not to be and never to have been a payment or consideration prohibited by section 14 of this Act.

S.M. 1998, c. 42, s. 88.

Part IV of Landlord and Tenant Act repealed

198         Part IV of The Landlord and Tenant Act, and Forms 5 and 6 of the Schedule to that Act, are repealed.

Residential Rent Regulation Act repealed

199         The Residential Rent Regulation Act is repealed.

200 to 205  

NOTE: These sections contained consequential amendments to other Acts, which are now included in those Acts.

C.C.S.M. reference

206         This Act may be cited as The Residential Tenancies Act and referred to as chapter R119 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

207         This Act comes into force on a day fixed by proclamation.

NOTE:  S.M. 1990-91, c. 11 came into force by proclamation on September 1, 1992.

 

 


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