Skip to main content
The Residential Tenancies Act

C.C.S.M. c. R119

The Residential Tenancies Act

PART 1
INTERPRETATION AND APPLICATION
1 (1) Definitions
(1.1) Furniture included in rental unit
(1.2) Proposed rental unit
(1.3) Rent re mobile homes
(1.4) Payment of property taxes or licence fees
(1.5) Interpretation: "municipality"
(1.6) Remedies re mobile homes
(1.7) Determining if a service is a tenant service
(1.8) Monthly charge for improved efficiency charge not rent
(1.9) Director may require information from Manitoba Hydro
(1.10) Manitoba Hydro to provide information
(2) Vacating premises
(3) Abandoning premises
(4) Reference to "Act" includes regulations
(5) Reference to Life Leases Act includes regulations
2 Application
3 (1) Non-application
(2) Exemptions from Act by regulation
4 Conflict with other Acts
5 Act binds the Crown
6 (1) Waiver of Act void
(2) Arrangement or payment to defeat Act void
PART 2
TENANCY AGREEMENTS
GENERAL PROVISIONS
7 (1) Agreement may be oral, written or implied
(1.2) If tenancy agreement includes tenant services
(1.3) Existing agreement that includes tenant services — other than fixed term
(1.4) Existing agreement that includes tenant services — fixed term
(2) Standard form of tenancy agreement
(3) Agreement deemed to be in writing
(4) Agreement deemed to include provisions of standard form
(5) Representation by landlord
(6) Representation re life lease
7.1 (1) Cooling-off period for agreement that includes tenant services
(1.1) Calculating 48-hour period
(2) Giving notice of cancellation
(3) Termination of agreement
8 Tenant entitled to copy
9 Beginning of tenancy
10 Rental payment period
10.1 Tenant services charge payment period
11 (1) Additions to standard form
(1.1) Life lease requirements
(2) House rules
(3) Provision or rule to be reasonable
(4) Condominium Act declaration, by-laws and rules
12 Parties entitled to copy of document signed
13 (1) Notice of name of landlord or agent
(2) Alternative method of giving notice
14 Additional payments prohibited
15 Accelerated rent or tenant services charge prohibited
16 Post-dated cheques
17 Permission to breach obligation
18 Furnished rental units
19 and 20 Repealed
RENEWAL OF TENANCY AGREEMENTS
21 (1) Renewal of written tenancy agreement: specified term
(2) Exception if landlord and tenant agree
(3) Landlord to advise tenant about renewal
(4) Tenant who does not renew is deemed to terminate
(5) Deemed renewal if landlord fails to comply
22 Renewal of oral or implied tenancy agreement: specified term
22.1 Renewal of life lease for specified term
23 Renewal of tenancy agreement: no specified term
24 No automatic renewal for temporary tenancies
NOTICES OF RENT INCREASE
25 (1) Three months' notice of rent increase
(2) Notice to new tenant
(3) Increase void if no notice
(4) Three months' notice of removal of rent discount
(5) Exception for conditional discount
26 (1) Notice for units subject to rent regulation
(2) Notice not to take into account laundry facilities
27 Notice for units not subject to rent regulation
28 (1) Notice to be given to director
(2) Exception
PART 2.1
GUARANTEE AGREEMENTS
28.1 Guarantee agreement in writing
28.2 Contents of guarantee agreements
28.3 (1) Change in contact information
(2) Current contact information to be used
28.4 (1) Guarantor's obligation — fixed term tenancy
(2) Guarantor's obligation — fixed term tenancy that is renewed
(3) Guarantor's obligation — tenancy with no fixed term
COPIES OF AGREEMENTS TO GUARANTOR
28.5 (1) Copies of guarantee and tenancy agreements to guarantor
(2) Copy of tenancy agreement to existing guarantor
NOTICE OF RENEWAL OR INCREASE
28.6 (1) Notice of tenancy agreement renewal to guarantor
(2) Contents of notice
(3) If notice of renewal not given
28.7 (1) Notice of increase to guarantor — tenancy without fixed term
(2) Increase void against guarantor if no notice
SUBLETTING
28.8 Notice to guarantor re subletting
28.9 New guarantee agreement required for sublet
NOTICE RE DEFAULT BY TENANT
28.10 Notice to guarantor if tenant defaults
TERMINATION OF GUARANTEE AGREEMENT
28.11 (1) Termination — guarantee agreement for fixed term tenancy
(2) Termination — guarantee agreement for fixed term tenancy that is renewed
(3) Termination — guarantee agreement for tenancy with no fixed term
DIRECTOR'S AUTHORITY: EXISTING GUARANTEE AGREEMENTS
28.12 Director's authority — existing guarantee agreements
GENERAL PROVISIONS
28.13 Parties entitled to copy of document signed
28.14 Additional payments prohibited
28.15 Restriction or waiver of Act void
PART 3
DEPOSITS AND CONDITION REPORTS
SECURITY DEPOSITS
29 Security deposit requirements
PET DAMAGE DEPOSITS
29.1 (1) Pet damage deposit
(2) No pet damage deposit before June 30, 2010
(2.1) Transitional — deposit not more than ½ of one month's rent
(3) Exception — service animals
(4) Pet damage deposit requirements
(5) Return of deposit on termination of tenancy
29.2 Rules re pets
TENANT SERVICES SECURITY DEPOSITS
29.3 Tenant services security deposit
29.4 Tenant services security deposit requirements
29.4.1 Increase in tenant services security deposit
29.5 Transitional
30 (1) Landlord to hold or remit deposit
(2) Security may be provided
(3) If security not provided and deposit not returned
(4) Deposit remitted to director
(5) Director may charge administration fee
(6) Director may return deposits to landlord
31 (1) Tenant entitled to interest on deposit
(2) Landlord or director entitled to excess interest
CLAIMS AGAINST DEPOSITS
31.1 Claim against security deposit
31.2 Claim against pet damage deposit
31.3 Claim against tenant services security deposit
31.4 Other claims
31.5 Deposits not subject to garnishment
RETURN OF DEPOSIT HELD BY THE LANDLORD
32 (1) Return of deposit if no claim by landlord
(2) Landlord to notify tenant of claim
(3) Request to director for determination
(4) Landlord may make claim
(5) If landlord fails to make claim
(6) Director to determine payment
(7) Determination when tenant not located
(8) Deposit paid to director if tenant not located
33 (1) Deposit paid to director if no claim by landlord
(2) Forfeiture to Crown
RETURN OF DEPOSIT HELD BY THE DIRECTOR
34 (1) Deposit held by director
(2) Return of deposit if no claim by landlord
(3) Landlord to notify tenant of claim
(4) Payment of deposit when tenant agrees to claim
(5) Payment when no agreement
(6) Landlord's right under Part 11
35 (1) When tenant cannot be located
(2) Director to determine payment
(3) Forfeiture to Crown
SECURITY DEPOSIT COMPENSATION FUND
36 (1) Security deposit compensation fund
(2) Unclaimed deposits and other money into fund
(3) Payment to tenant from fund if deposit not returned
(4) Balance exceeding $30,000
(5) Unexpended balance paid into Consolidated Fund
PAYMENT OF UNSATISFIED DEPOSITS FROM FUND
36.1 (1) Application for payment from fund
(2) Director to determine application
(3) Director may postpone payment
(4) Director entitled to recover payment from fund
(5) Money recovered paid into compensation fund
OVERHOLDING TENANTS AND ASSIGNMENTS
37 (1) Date of termination: overholding tenant
(2) Date of termination: assignment
SET-OFF OF DEPOSIT
38 (1) Right to set-off if deposit exceeds permitted amount
(2) Set-off with consent
CONDITION REPORTS
39 (1) Landlord or tenant may request a condition report
(2) Inspection
(3) Completion of condition report
(4) Purpose of condition report
PART 4
CHANGE OF TENANT OR LANDLORD
GENERAL
40 Change of landlord
41 Change of tenant
ASSIGNMENT AND SUBLETTING
42 (1) Right to assign or sublet
(2) Exception
(3) Prohibition
(4) Prohibited assignment of life lease
(5) Prohibited assignment — agreement with tenant services
43 (1) Consent
(2) No charge for consent
(3) Form of consent to assign or sublet
44 (1) Form of assignment
(2) Form of subletting agreement
45 When assignment or subletting takes effect
46 (1) Improper assignment or subletting
(2) Exception
(3) Delivery of tenancy agreement
47 Prohibitions re subletting and assignment
48 Consequences of assignment
49 Consequences of subletting
50 (1) When subletting terminated
(2) Failure to terminate subletting
CHANGE OF LANDLORD
51 (1) New landlord to inform tenants of change
(1.1) New landlord to inform guarantors of change
(2) Transfer of deposits
(3) Repealed
(4) Person entitled to payment
(5) If tenant uncertain
52 (1) Consequences of change of landlord
(2) Obligation re excess rents
(2.1) Obligation re excess tenant services charge
(3) Obligation re deposits
(4) Right of recovery by new landlord
PART 5
BENEFITS AND OBLIGATIONS
MUTUAL OBLIGATIONS
53 (1) Duty to provide doors and locks
(2) Change of locks or doors: rental unit
(3) Change of locks or doors: residential complex
54 (1) Landlord's right to enter rental unit
(2) Notice requirement for entry: abandoned unit
(3) Notice requirements for entry
(4) Objection by tenant to notice
55 (1) Compensation for breach of Act or agreement
(2) Duty to minimize losses
(3) Landlord's duty to re-rent unit
LANDLORD'S OBLIGATIONS
56 (1) Obligation to make rental unit available
(2) Exception
56.1 (1) Notice that rental unit is unit under Condominium Act
(2) Consequence if notice not given
(3) Obligation — condominium documents
(4) Exception
57 Acknowledgement of receiving payment
58 Obligation to maintain appearance
59 (1) Obligation to repair
(2) Knowledge of non-repair immaterial
(3) Orders respecting repair
(4) Definition of "final order"
59.1 Compensation for unreasonable delay
59.2 (1) Obligation re tenant services
(2) Compensation for contravention or breach
60 (1) Duty not to withhold vital services
(3) Role of director in preventing discontinuance
61 (1) Duty not to withhold services and facilities or tenant services
(2) Services not specified in agreement
(3) Exceptions
(4) Substitution of service
62 (1) Landlord's duty not to interfere with enjoyment
(2) Presumed intent
(3) Landlord's liability
63 No seizure of tenant's property
64 Repealed
65 (1) Restraint of trade prohibited
(2) When tradesperson may be prohibited from entry
66 (1) Access by persons invited by tenant
(2) Access for candidates and representatives
67 Landlord to investigate complaints
67.1 Representations to landlord re agreements with tenant services
68 (1) Rent increase with intent to evict
(1.1) Tenant services charge increase with intent to evict
(2) Presumed intent
(3) Disclosure of estimated rent and tenant services charge
(4) Estimated amount unreasonable
(5) Landlord's duty to disclose
(6) Landlord's liability
68.1 Right of first refusal
TENANT'S OBLIGATIONS
69 (1) Duty to pay rent and tenant services charge
(2) Right to withhold payment for non-compliance with standards
(3) Payment to director
(4) Landlord may impose late payment fee
70 Obligation to keep unit clean
71 (1) No alteration or redecoration without consent
(2) Consent subject to conditions
72 (1) Obligation to take care and repair damage
(2) Exception for reasonable wear and tear
73 Duty not to disturb others
74 Duty not to impair safety or interfere with rights
74.1 Unlawful activity by tenant
75 Additional obligations and rules
75.1 (1) Additional obligations under Condominium Act
(2) Additional obligation to ensure compliance
(3) Exception
76 Overcrowding
76.1 Removal of belongings
77 Installation and removal of fixtures
78 No misrepresentation by tenant
PART 6
TERMINATION OF TENANCY AGREEMENTS
GENERAL PROVISIONS
79 Interpretation
80 (1) Restriction on termination of tenancy
(2) Restriction on recovery of possession
(3) Exception
81 Termination by agreement
82 (1) Termination on abandonment by tenant
(2) Landlord entitled to administration fee
83 Overholding tenant
NOTICES OF TERMINATION
84 (1) Notice of termination
(1.1) Information missing from notice
(2) Notice of termination by tenant
(3) Landlord may require tenant to give written notice
(4) Repealed
85 Repealed
TERMINATION BY TENANT
86 Termination by failing to renew: written agreement with fixed term
87 (1) Termination by giving notice: oral or implied agreement with fixed term
(2) Termination by giving notice: agreement without fixed term
(2.1) Exception — agreement with tenant services
(3) Termination by giving notice: life lease
(4) Limitation
(5) Termination by giving notice: deemed renewal
87.1 Termination — tenant services provided and assignment prohibited
88 (1) Termination for landlord's failure to give possession
(2) Application to life leases
89 (1) Termination for landlord's contravention of Act or tenancy agreement
(2) Length of notice
(3) Notice when risk to health or safety
(3.1) Notice to remedy not required under subsection (3)
(4) Notice when rental unit uninhabitable
90 (1) Termination for landlord's withholding consent to assign or sublet
(2) Length of notice
91 (1) Termination for increased rent
(2) Repealed
(3) Length of notice
91.1 Termination after application for rehabilitation scheme
91.2 When notice of termination to be given
92 Termination for tenant's inability to pay
TERMINATION BY TENANT: MEMBER OF CANADIAN FORCES OR OTHER COUNTRY'S ARMED FORCES
92.1 (1) Interpretation
(2) Termination re Canadian Forces members and members of the armed forces of another country
(3) Notice and certificate from official required
TERMINATION BY TENANT: DOMESTIC OR SEXUAL VIOLENCE OR STALKING
92.2 Definitions
92.3 (1) Termination for domestic or sexual violence or stalking
(2) Notice and certificate from designated authority required
92.4 (1) Appointment of designated authority
(2) Power to delegate
(3) When designated authority may issue certificate
(3.1) Who may provide a statement
(4) Form of certificate
(5) Requirement for confidentiality
TERMINATION BY TENANT: ACCESSIBILITY REASONS
92.5 (1) Termination for accessibility reasons
(2) Notice and certificate from physician required
TERMINATION BY TENANT: INCAPACITY OR MOVE INTO CARE FACILITY
92.6 (1) Termination for incapacity or move into care facility
(2) Notice and certificate from physician required
92.7 Termination by one of a group of tenants
93 (1) Repealed
(2) Termination on tenant's death
(3) Death of 1 of a group of tenants
93.1 (1) Termination for reduction or withdrawal of services — fixed term agreement
(2) Tenant's expenses if termination order made
93.2 (1) Termination for reduction or withdrawal of tenant services — agreement without fixed term
(2) Tenant's expenses if termination order made
94 Repealed
TERMINATION BY LANDLORD FOR CAUSE
95 (1) Termination — N.S.F. cheque for certain deposits
(1.1) Failure to pay increased tenant services security deposit
(2) If deposit paid within five days
(3) Failure to pay pet damage deposit
(4) If pet damage deposit paid within five days
(5) If pet damage deposit not paid and pet not removed
95.1 (1) Termination for non-payment
(2) Contents of notice
(3) Acceptance of total amount due acts as a waiver
(4) Acceptance of partial payment
(5) Director's authority re late payment
96 (1) Termination for causes other than failure to pay
(2) Length of notice
(3) Early termination for cause
(4) Notice to remedy not required
(5) Conviction for unlawful activity not required
TERMINATION BY LANDLORD: CARETAKER UNITS
97 (1) Termination re caretaker and employee units
(2) Length of notice
(3) Early termination by tenant
(4) Exception
TERMINATION BY LANDLORD: LANDLORD'S USE OF PROPERTY
98 (1) Termination on sale or for landlord's use
(2) Termination rules
(3) Payment of moving expenses
(4) Payment of compensation
(5) Determination of tenant's expenses
99 (1) Termination on demolition, renovation or change of use
(2) Termination rules
(3) Payment of moving expenses
(4) Payment of compensation
(5) Determination of tenant's expenses
(6) Tenant's right of first refusal: renovation
(6.1) Tenant's right of refusal: conversion to life lease
(7) Tenant's right of first refusal: rehabilitation scheme
(8) Landlord's obligation re right of first refusal
(9) No termination of life lease without director's approval
99.1 (1) Application to director
(2) Notice of application
(3) Objection
(4) Order
(5) Factors to consider
100 Special termination period for mobile home sites
101 Early termination by tenant
TERMINATION BY LANDLORD: TEMPORARY AND SUBSIDIZED ACCOMMODATION
102 (1) "Temporary tenancy" defined
(1.1) Termination of temporary tenancy
(2) Effect of temporary tenancy
103 (1) Tenant in subsidized housing
(2) Tenant in need of subsidized housing
TERMINATION BY STATUTE OR BY FRUSTRATION OF AGREEMENT
104 (1) Termination by government authority
(2) Orders under Safer Communities and Neighbourhoods Act
(3) Application of subsection 80(2)
105 (1) Rental unit destroyed or uninhabitable
(2) Tenant's right to first refusal
(3) Landlord's obligation re right of first refusal
(4) Exception
PART 7
TENANT'S PERSONAL PROPERTY
106 (1) "Abandoned property" defined
(2) Landlord's powers re abandoned property
(3) When property to be returned to tenant
106.1 (1) Application
(2) Worthless, unsanitary or unsafe property
(3) Landlord to prepare inventory
(4) Property of little value
(5) Storing other property
106.2 Personal documents and photographs
107 (1) Sale or disposal of unclaimed property
(2) Proceeds of sale
(3) Unclaimed proceeds forfeited to Crown
107.1 Acquiring good title to abandoned property
108 Substantial compliance protects landlord
PART 8
MOBILE HOMES
109 (1) Tenant's right to sell
(2) Landlord as agent
110 (1) No restriction on removal
(2) Exception
111 Planting of trees, etc.
112 Certain charges prohibited
113 Additional duties of landlord re mobile homes
114 (1) Tenant's obligation re good state of repair
(2) Tenant's obligation to keep site neat and clean
PART 9
RENT REGULATION
APPLICATION OF THIS PART
115 Application
116 (1) Non-application to specified units
(2) Non-application to new buildings and rehabilitation schemes
(2.1) Extended non-application to buildings occupied after April 9, 2001
(2.2) Extended non-application to buildings occupied after March 7, 2005
(3) Non-application to certain laundry facilities
(4) Non-application to life leases
NOTICE TO NEW TENANTS
116.1 (1) Notice to new tenants
(2) Notice to be given to director
RESTRICTIONS ON RENT INCREASES
117 Unauthorized rent prohibited
118 (1) Twelve months between rent increases
(2) Exception
119 Increase to be equal in each period
NOTICE TO AFFECTED PARTIES
119.1 Notice by director
119.2 Parties not entitled to copies of certain material
RENT INCREASE PERMITTED BY THE REGULATIONS
120 (1) Definition of "rent charged for rental unit"
(2) Rent increase in amount permitted by regulation
121 (1) Objection by tenant
(2) Reason for objection
122 (1) Order
(2) Order respecting other rental units
(3) Notice by director
(4) Kind of order and factors to be considered
RENT INCREASE ABOVE MAXIMUM PERMITTED BY THE REGULATIONS
123 (1) Definition of "rent charged for rental unit"
(2) Application for increase above maximum
(3) When application to be made
(4) Whole building review
(5) Notice by director
124 Objection by tenant
125 (1) Order
(2) Contents of order
(3) Mandatory considerations in making order
(4) Other considerations
(5) Costs recovered by Manitoba Hydro not to be considered
126 Amended application
RENT INCREASE AFTER TERMINATION OF LIFE LEASE
126.1 (1) Rent increase after termination of life lease
(2) Limit of one application
(3) When application to be made
(4) Whole building review
(5) Notice by director
(6) Objection by tenant
(7) Order setting rent
LAUNDRY FACILITIES
127 (1) Landlord deemed to provide laundry facilities
(2) Application for increase
(3) Notice by director
128 Objection by tenant
129 (1) Order
(2) Considerations in making order
130 (1) Transfer of laundry services to third party
(2) Procedure on application
(3) Further increases exempt
RENT INCREASE WHEN LANDLORD REGAINS POSSESSION
131 (1) Rent increase on possession by landlord: 3 rental units or less
(1.1) Rent increase for previously exempt unit
(2) Increase effective against new tenant
(3) Rent discount for new tenant
132 (1) Rent increase on possession by landlord: 4 or more units
(2) Increase effective against new tenant
(3) Application by tenant
(4) Order
ADDITION OF FURNITURE TO RENTAL UNIT
132.1 (1) Rent increase for added furniture
(2) Increase effective against new tenant
(3) Objection by tenant
(4) Order
(5) Mandatory considerations
REHABILITATION SCHEMES
133 (1) Definition of "rehabilitation scheme"
(2) Application for approval
(3) Form of application
(4) Notice by landlord
(5) Application available for inspection
134 (1) Determination and order approving scheme
(2) Contents of order
(3) Repealed
(4) Order may be rescinded if scheme not completed
(5) Variation of order
135 Refusal of scheme
135.1 (1) Application
(2) Registered notice in L.T.O. — rehabilitation scheme order
(3) Contents of notice
(4) Effect of registration
(5) Registration lapses after four years
(6) Registered notice may be discharged
(7) Removal of entry
136 Repealed
IMPROVEMENTS REQUESTED BY TENANTS
137 (1) Application to fix value of improvements, etc.
(2) When application to be made
(3) Order fixing value of improvement, etc.
PERMANENT REDUCTION OF SERVICES AND FACILITIES
138 (1) Application re permanent reduction or withdrawal of services
(2) Application if reduction beyond landlord's control
(3) Notice by director
(4) Submission by tenant
139 Order respecting reduction
UNAUTHORIZED RENT
140 (1) Interpretation
(2) Inquiry into unauthorized rent increase
(3) Order
(4) Order authorizing set-off or redirection of rent
(5) When tenant cannot be located
(6) Forfeiture to Crown
140.0.1 (1) Order where incomplete notice given
(2) Order authorizing set-off or redirection of rent
(3) Application of subsection (1)
LIFE LEASES IN NON-PROFIT RESIDENTIAL COMPLEX
140.1 (1) Application for rent review
(2) Inquiry and notice by director
(3) Order
(4) Factors to consider
(5) Order authorizing set-off or redirection of rent
(6) When tenant cannot be located
(7) Forfeiture to Crown
PART 9.1
TENANT SERVICES CHARGES
NOTICE TO NEW TENANTS
140.2 Notice to new tenants
NOTICE OF INCREASE
140.3 (1) Three months' notice of increase in charge
(2) No limit on amount of increase
(3) Notice to new tenant
(4) Contents of notice
140.4 Increase void if no notice
INTERVAL BETWEEN INCREASES
140.5 (1) Twelve months between increases
(2) Increase to be equal in each period
NUMBER OF OCCUPANTS AND TENANT SERVICES CHARGE
140.5.1 (1) Tenant services charge increase — additional occupant
(2) Provisions not applicable
(3) Tenant services charge decrease — fewer occupants
REDUCTION OR WITHDRAWAL OF TENANT SERVICES
140.6 (1) Notice to tenants
(2) Length of notice
(3) Application re tenant services reduction — fixed term
(4) Application if reduction beyond landlord's control
(5) Notice by director
(6) Submission by tenant
(7) Order respecting reduction
ORDER RE TENANT SERVICES CHARGE
140.7 (1) Inquiry by director
(2) Order
(3) Order authorizing set-off or redirection of tenant services charge
(4) When tenant cannot be located
(5) Forfeiture to Crown
140.8 (1) Order where incomplete notice given
(2) Order authorizing set-off or redirection
PART 10
DIRECTOR OF RESIDENTIAL TENANCIES AND RESIDENTIAL TENANCIES COMMISSION
DIRECTOR OF RESIDENTIAL TENANCIES
141 (1) Appointment of director
(2) Authority of director
142 Power to delegate
143 (1) Guidelines
(2) Guidelines not binding
(3) Guidelines to be made available
144 (1) Disclosure of interests
(2) Further disclosures
(3) Transitional
RESIDENTIAL TENANCIES COMMISSION
145 (1) Residential Tenancies Commission
(2) Composition and appointment
(3) Regions established
146 (1) Appointment of chief commissioner and deputies
(2) Powers of deputy chief commissioner
(3) Term of chief commissioner
(3.1) Term of deputy chief commissioner
(4) Term of other commissioners
(5) Termination for cause
(6) Full-time, part-time or sessional basis
(7) Completion of proceedings
(8) Oath of office
(9) Deputy chief commissioner — transitional
147 (1) Who may hear matters
(2) Single commissioner limited to certain matters
(3) Assigning commissioners
(4) All commissioners on panel to be present
(5) Decision of single commissioner
(6) Decision of a panel
148 (1) Disclosure of interests
(2) Further disclosures
(3) Disclosure by chief commissioner
149 Disqualification of commissioners
149.1 No disqualification
150 (1) Guidelines
(2) Consultation respecting guidelines
(3) Guidelines to be made available
151 (1) Annual report
(2) Tabling report in Assembly
PART 11
PROCEDURES
DIRECTOR'S AUTHORITY: MATTERS OTHER THAN RENT REGULATION AND TENANT SERVICES CHARGES
152 (1) Director's authority: matters other than rent regulation and tenant services charges
(1.1) Application
(2) Director may initiate proceedings
(3) No authority re personal injury or death
(3.1) Authority re section 38 of The Life Leases Act
(4) Expeditious procedure
153 (1) Mediation
(2) Where dispute settled
(3) If mediation unsuccessful
(4) Director not disqualified after mediation
(5) Non-compliance with settlement
(5.1) Order not subject to appeal
(6) Matter under The Life Leases Act
(7) Proceedings initiated in court
(8) Powers of the court
(9) Director's decision final
153.1 (1) Declining to determine complex guarantee agreement
(2) Court proceedings
(3) Director's decision final
154 (1) Orders by director
(1.0.1) Order of possession for unlawful activity
(1.1) Orders by director — guarantee agreements
(1.2) Orders by director — existing guarantee agreements
(2) Re-direction and set-off
(3) Terms and conditions
(4) Enforcing an order
(5) Order takes precedence over assignment of rents
(6) Order against trustee
155 (1) Contents of order
(2) Order given to persons affected
(3) Reasons
(4) Orders are public
156 (1) Lien for advances for repair
(2) Enforcement of lien
(3) Certificate filed in court
157 (1) Order filed in court
(2) Order of possession
DIRECTOR'S AUTHORITY: RENT REGULATION AND TENANT SERVICES CHARGES
158 (1) Director's authority: rent regulation and tenant services charges
(2) Director may initiate own proceedings
159 (1) Contents of order
(2) Order given to persons affected
(3) Reasons
160 Order filed in court
CORRECTING DECISIONS OR ORDERS
160.1 (1) Correcting decisions or orders
(2) Director's initiative or on request
(3) Making a request
(4) Stay of order or decision
(5) Consequential amendments to other provisions
(6) Director's considerations
(7) No appeal
LEAVE TO APPEAL REQUIRED FOR CERTAIN APPEALS
160.2 (1) Leave to appeal required for certain director's orders
(2) Grounds for leave to appeal
(3) Form and content of leave application
(4) Notice of appeal filed with leave application
(5) Time for filing leave application and notice of appeal
(6) Time for making decision
(7) Order of director stayed
(8) Notice to director
(9) Information to be forwarded
(10) Parties to leave application
(11) Procedure re consideration of leave application
(12) Applicable provisions
(13) Order re leave application
(14) Order given to parties
(15) Notice if leave granted
(16) Repealed
APPEAL TO THE COMMISSION
161 (1) Appeal from order of director
(2) Notice of appeal
(2.1) Notice in specified matters
(2.2) Time for appeal of corrected or amended decision or order
(3) Notice re Parts 1 to 8 and other matters
(4) Notice re Part 9 or 9.1 matters
162 Information to be forwarded
163 (1) Order of director stayed
(2) Exception
164 Parties
165 (1) Hearing
(2) Notice of hearing
(3) Procedure
(4) Hearings conducted orally or in writing
(5) Public hearings
(6) Director entitled to be heard
(7) Witness fees
166 Part V of Evidence Act powers
167 Investigation
168 Adoption of director's findings
169 (1) Evidence
(2) Commission may consider relevant information
(3) Right of parties to examine filed material
(4) Parties not entitled to copies of certain material
170 (1) Powers of commission on appeal
(2) Director to receive and disburse all money
171 (1) Contents of order
(2) Order given to parties
(3) Reasons
(4) Orders are public
171.01 Correcting or amending commission's decision or order
171.1 Director may enforce commission orders
172 Record of hearing
173 Order filed in court
174 (1) Reference to Court of Appeal
(2) Decision of Court of Appeal
(3) Proceedings, etc. not stayed
(4) Director entitled to be heard
(5) Costs
APPEAL TO COURT OF APPEAL
175 Repealed
176 to 178 Repealed
178.1 Repealed
179 Repealed
179.0.1 Transitional — appeal to Court of Appeal
DIRECTOR'S AUTHORITY: REDIRECTING RENTS OR TENANT SERVICES CHARGES
179.1 (1) Administration fee for redirection order
(2) Director's authority to apply money
(3) Balance to landlord
APPOINTMENT OF RECEIVER-MANAGER
180 (1) Definition
(2) Request to appoint receiver-manager
(3) Notice of request to be given
(4) Decision by director within 60 days
(5) Factors to be considered
(5.1) Decision to apply to court
(6) Application to court by director
181 (1) Appeal to commission
(2) Procedure on appeal
(3) Powers of commission on appeal
(4) Limitation
(5) Repealed
(6) Director to comply with order
182 (1) Appointment of receiver-manager
(2) Orders of the court
(2.1) Registration of notice in L.T.O.
(2.2) Entry of registration on title
(3) Duties of receiver-manager
(4) Application for directions from court
(5) Discharge of notice
183 (1) Lien for money expended by receiver-manager
(1.1) Notice of right to object
(1.2) Objection filed with director
(1.3) Objection to include request for appraisal
(1.4) Appointment of appraiser
(1.5) Finding by director
(2) Remittance by local authority
(2.1) Report to local authority
(3)
(4)
(5)
183.1 Certificate filed in court
183.2 Redirection
PART 12
GENERAL PROVISIONS
184 (1) Giving of notices
(2) Notices of termination
(2.1) Notice re guarantee agreement
(3) When giving by mail
(4) Director or commission may give directions
(5) Actual notice is sufficient
185 (1) Entry to inspect records
(2) Entry to residential premises
(3) Entry with order
(4) Production of records
(5) Admissibility of copies
185.1 Reproduced signatures
186 Certificate of director
187 (1) Effect of lack of formality in proceedings
(2) Substantial compliance with forms, etc.
188 No review by court
189 Audit
190 (1) Immunity from action
(1.1) Immunity re statement
(2) Compellability of witnesses
(3) Designated authority not compellable as witness
(3.1) Provider of statement not compellable as witness
(4) Definition: "designated authority"
191 (1) Advisory committee
(2) Membership
192 (1) Right of distraint abolished
(2) Interesse termini abolished
(3) Covenants in posse and esse
193 (1) Application of Landlord and Tenant Act
(2) Application of Short Forms Act
PART 12.1
ADMINISTRATIVE PENALTIES
193.1 (1) Administrative penalty issued
(2) Maximum amount
(3) Contents of notice
(4) Giving notice
193.2 (1) Appeal to the commission
(2) Administrative penalty stayed
(3) Copy of notice of appeal to director
(4) Information to be forwarded
(5) Procedure re hearing
(6) Notice of determination by commission
(7) Notice of determination to party and director
(8) Applicable provisions
(9) Repealed
193.3 Payment of penalty
193.4 (1) Debt due to government
(2) Enforcement of penalty
(3) Certificate registered in court
193.5 Penalty deposited into compensation fund
193.6 No offence to be charged if penalty paid
193.7 Administrative penalty public
PART 13
REGULATIONS
194 (1) Regulations
(2) Regulations may apply differently
194.1 Regulations by minister
PART 14
OFFENCES AND PENALTIES
195 (1) Offences
(2) Officers and directors of corporations
(3) Penalty
(4) Offences respecting deposits
(5) Limitation
PART 15
TRANSITIONAL, REPEAL, CONSEQUENTIAL AND COMING INTO FORCE
196 Repealed
196.1 Furniture rental agreements
(1) and (1.1) Repealed
(2) Rehabilitation scheme exemptions under former Act continued
(2.1) Prohibition re condominium conversions continued
(3) and (4) Repealed
197.1 Life lease payments
198 Part IV of Landlord and Tenant Act repealed
199 Residential Rent Regulation Act repealed
200 to 205
206 C.C.S.M. reference
207 Coming into force