5th Session, 42nd Legislature

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Bill 231

THE RESIDENTIAL TENANCIES AMENDMENT ACT (2)

(Assented to                                         )

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

C.C.S.M. c. R119 amended

1   The Residential Tenancies Act is amended by this Act.

2   The centred heading before section 92.2 is amended by adding "HOUSEHOLD," before "DOMESTIC".

3   Section 92.2 is amended

(a) in the part before the definition "domestic violence", by striking out "and 92.4" and substituting "to 92.4.1"; and

(b) by adding the following definition:

"household violence" means violence, with or without an intent to harm a tenant, that has adversely affected, or is likely to adversely affect, a tenant's quiet enjoyment, security, safety or physical well-being if the tenant remains in a rental unit, and includes

(a) physical abuse of the tenant, including forced confinement or deprivation of the necessities of life, but does not include the use of reasonable force to protect oneself or others from harm;

(b) attempts to physically abuse the tenant;

(c) psychological or emotional abuse of the tenant, including

(i) intimidation, harassment, coercion or threats, including threats respecting other persons, pets or property,

(ii) unreasonable restrictions on, or prevention of, the financial or personal autonomy of the tenant, and

(iii) intentional damage to property; and

(d) in the case of a person under the age of 18, direct or indirect exposure to violence against the tenant. (« violence subie par le locataire »)

4(1)   Subsection 92.3(1) is amended, in the section heading and in the section, by adding "household," before "domestic".

4(2)   Subsection 92.3(2) of the English version is amended, in the part before clause (a), by adding "household," before "domestic".

4(3)   Subsection 92.4(3) is amended by adding "household," before "domestic", wherever it occurs.

4(4)   Clause 92.4(3.1)(h) is amended by adding "household," before "domestic";

5   The following is added after section 92.4 and before the centred heading that follows it:

Landlord's liability for moving expenses

92.4.1   If the director is satisfied that the landlord is responsible for a tenant experiencing household violence, the director may make an order requiring the landlord to pay the tenant's reasonable moving expenses to new living accommodation, up to a maximum prescribed amount.

6   Clause 92.7(b) of the English version is amended by striking out "(termination for domestic or sexual violence or stalking)" and substituting "(termination for household, domestic or sexual violence or stalking)".

7   Clause 194(1)(j.6) is amended by adding "household," before "domestic".

Coming into force

8   This Act comes into force on the day it receives royal assent.