3rd Session, 43rd Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 13

THE RESIDENTIAL TENANCIES AMENDMENT ACT

(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   Subsection 54(1) is amended

(a) by repealing clause (c); and

(b) in clause (f), by striking out "or" at the end of subclause (iii), adding "or" at the end of subclause (iv) and adding the following after subclause (iv):

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

3   The following is added after section 68.1 and before the centred heading that follows it:

Duty to file unit information

68.2(1)   A landlord must file with the director the following information for each rental unit:

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

(b) a description of the rental unit;

(c) the landlord's legal name, telephone number and address;

(d) 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;

(e) any other prescribed information.

Manner and timing of filing

68.2(2)   The landlord must file the information required under subsection (1) in a form and manner acceptable to the director. The information must be filed for a rental unit

(a) within one year after the day this section comes into force; or

(b) within 30 days after the day the first tenancy agreement for the rental unit is made;

whichever is later.

Change in information

68.2(3)   Within 30 days after any change in the information required under subsection (1), the landlord must file updated information with the director in a form and manner acceptable to the director.

4   The following is added after section 140.1 as part of Part 9:

REVIEW OF RENT REGULATION

Review every five years

140.1.1(1)   Not later than December 31, 2027, and at least once in each five-year period after that, the director must review this Part and the regulations relating to rent increases and report their findings to the minister.

Consultation

140.1.1(2)   As part of a review under this section, the director must consult with the public and with the advisory committee appointed under section 191.

Tabling report in Assembly

140.1.1(3)   The minister must table a copy of the report in the Assembly on any of the first 15 days on which the Assembly is sitting after the minister receives it.

5   The following is added after section 179.0.1 and before the centred heading the follows it:

ACCESS TO ORDERS AGAINST TENANTS

Orders not to be available

179.0.2(1)   Despite subsections 155(4) and 171(4), a decision or order made against a tenant, and any written reasons for it, must not be made available to the public under those provisions if

(a) seven or more years have passed since the decision or order was made; or

(b) the director, on application by the tenant in a form and manner acceptable to the director, determines that it is appropriate in the circumstances that the decision or order not be made available to the public.

Exception — safety or unlawful activity

179.0.2(2)   If the decision or order referred to in subsection (1) was made as a result of the tenant's contravention of clause 74(a) (impairment of safety) or section 74.1 (unlawful activity), then

(a) clause (1)(a) does not apply; and

(b) the tenant may apply to the director under clause (1)(b) only if seven or more years have passed since the decision or order was made.

No appeal

179.0.2(3)   A determination made by the director under clause (1)(b) is final and not subject to appeal.

Tenant may apply again after one year

179.0.2(4)   A tenant whose application under clause (1)(b) is refused may apply again only after one year has passed since the refusal.

6(1)   Subsection 193.1(1) is amended, in the part before clause (a), by striking out "under section 154 with respect to one of the following provisions" and substituting "by the director under this Act".

6(2)   Subsection 193.1(2) is amended by striking out "$5,000" and substituting "$10,000".

7   Clause 193.2(6)(a) is replaced with the following:

(a) determine whether the person failed to comply with an order made by the director under this Act or contravened a provision referred to in subsection 193.1(1);

8   Section 193.6 is amended

(a) in clause (a), by striking out "under a provision referred to in subsection 193.1(1)" and substituting "by the director under this Act"; and

(b) in clause (b), by striking out "that subsection" and substituting "subsection 193.1(1)".

9   The following is added after clause 194(1)(d.1):

(d.2) respecting the requirement for landlords to file information with the director under section 68.2;

Coming into force — royal assent

10(1)   Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force — proclamation

10(2)   Sections 3 and 6 to 9 come into force on a day to be fixed by proclamation.