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S.M. 1990-91, c. 11
Bill 13, 1st Session, 35th Legislature
The Residential Tenancies and Consequential Amendments Act
| PART 1 | |
| INTERPRETATION AND APPLICATION | |
| 1(1) | Definitions |
| (2) | Vacating premises |
| (3) | Abandoning premises |
| (4) | Reference to "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 |
| (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 |
| 8 | Tenant entitled to copy |
| 9 | Beginning of tenancy |
| 10 | Rental payment period |
| 11(1) | Additions to standard form |
| (2) | House rules |
| (3) | Provision or rule to be reasonable |
| 12 | Parties entitled to copy of document signed |
| 13(1) | Notice to new tenants |
| (2) | Notice to be given to director |
| 14 | Additional payments prohibited |
| 15 | Accelerated rent prohibited |
| 16 | Post-dated cheques |
| 17 | Permission to breach obligation |
| FURNISHED RENTAL UNITS | |
| 18(1) | Landlord deemed to provide furniture |
| (2) | Furniture rental agreement |
| (3) | Separate charge for furniture |
| 19 | Obligation of landlord respecting furniture |
| 20(1) | Obligation of tenant respecting furniture |
| (2) | Exception for reasonable wear and tear |
| 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 |
| 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 unnecessary for new tenant |
| (3) | Increase void if no notice |
| 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) | Notice only if no tenant in possession |
| PART 3 | |
| SECURITY DEPOSITS AND CONDITION REPORTS | |
| PAYMENT OF SECURITY DEPOSIT | |
| 29 | Security deposit requirements |
| 30(1) | Security deposits held in trust |
| (2) | Discharge on payment to director |
| (3) | Director to hold in trust |
| (4) | Director may return deposits to landlord |
| 31(1) | Tenant entitled to interest on security deposit |
| (2) | Landlord or director entitled to excess interest |
| RETURN OF SECURITY DEPOSIT HELD BY THE LANDLORD | |
| 32(1) | Return of security deposit if no claim by landlord |
| (2) | Payment of security deposit if claim by landlord |
| (3) | If landlord fails to comply |
| 33(1) | When tenant cannot be located |
| (2) | Director to determine payment |
| (3) | Forfeiture to Crown |
| RETURN OF SECURITY DEPOSIT HELD BY THE DIRECTOR | |
| 34(1) | Security deposit held by director |
| (2) | Return of security deposit if no claim by landlord |
| (3) | Landlord to notify tenant of claim |
| (4) | Payment of security deposit when tenant agrees to claim |
| (5) | Payment when no agreement |
| (6) | If landlord fails to comply |
| 35(1) | When tenant cannot be located |
| (2) | Director to determine payment |
| (3) | Forfeiture to Crown |
| SECURITY DEPOSITS FORFEITED TO THE CROWN | |
| 36(1) | Unclaimed security deposits |
| (2) | Unexpended balance paid to Consolidated Revenue Fund |
| OVERHOLDING TENANTS AND ASSIGNMENTS | |
| 37(1) | Date of termination: overholding tenant |
| (2) | Date of termination: assignment |
| SET-OFF OF SECURITY DEPOSIT AGAINST RENT | |
| 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 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) | No assignment where condominium declaration |
| 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 |
| (2) | Transfer of security deposits |
| (3) | Change in trust obligations of former landlord |
| (4) | Person to whom rent is payable |
| (5) | If tenant uncertain |
| 52(1) | Consequences of change of landlord |
| (2) | Obligation re excess rents |
| (3) | Obligation re security 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 | Obligation to make rental unit available |
| 57 | Acknowledgement of receiving rent |
| 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" |
| 60(1) | Duty not to withhold vital services |
| (2) | Notice if utility to be discontinued |
| (3) | Role of director in preventing discontinuance |
| 61(1) | Duty not to withhold services and facilities |
| (2) | Services not specified in agreement |
| (3) | Exceptions |
| (4) | Substitution of service |
| 62 | Landlord's duty not to interfere with enjoyment |
| 63 | No seizure of tenant's property |
| 64 | Posting notice of landlord's name |
| 65(1) | Restraint of trade prohibited |
| (2) | When tradesperson may be prohibited from entry |
| 66(1) | Access by persons invited by tenant |
| (2) | Access by political canvassers |
| 67 | Landlord to investigate complaints |
| 68(1) | Rent increase with intent to evict |
| (2) | Presumed intent |
| (3) | Landlord's duty to disclose |
| (4) | Landlord's liability |
| (5) | Determination of additional expenses |
| TENANT'S OBLIGATIONS | |
| 69(1) | Duty to pay rent and furniture rental |
| (2) | Right to withhold rent for non-compliance with standards |
| 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 | Impairment of safety by tenant |
| 75 | Additional obligations and rules |
| 76 | Overcrowding |
| 77 | Installation and removal of fixtures |
| 78 | No misrepresentation of premises |
| 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 | Termination on abandonment by tenant |
| 83 | Overholding tenant |
| NOTICES OF TERMINATION | |
| 84(1) | Notice of termination |
| (2) | Notice of termination by tenant |
| (3) | Landlord may require tenant to give written notice |
| (4) | Notice may be in any form |
| 85 | Contents of notice |
| 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 |
| 88 | Termination for landlord's failure to give possession |
| 89(1) | Termination for landlord's contravention of Act or tenancy agreement |
| (2) | Length of notice |
| (3) | Notice when risk to health or safety |
| (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) | When notice to be given |
| (3) | Length of notice |
| 92 | Termination for tenant's inability to pay rent |
| 93(1) | Termination re move to personal care home |
| (2) | Termination on tenant's death |
| (3) | Death of 1 of a group of tenants |
| TERMINATION BY LANDLORD: SCHOOL AGE CHILD | |
| 94(1) | No termination when school age child |
| (2) | Exception |
| TERMINATION BY LANDLORD FOR CAUSE | |
| 95(1) | Termination for non-payment of rent |
| (2) | Content of notice |
| (3) | Termination — N.S.F. cheque for security deposit |
| (4) | Tenant must pay security deposit within 5 days |
| (5) | Acceptance acts as a waiver |
| (6) | 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 |
| 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) | Length of notice |
| (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) | Length of notice |
| (3) | Payment of moving expenses |
| (4) | Payment of compensation |
| (5) | Determination of tenant's expenses |
| (6) | Tenant's right of first refusal: renovation |
| (7) | Tenant's right of first refusal: rehabilitation scheme |
| (8) | Landlord's obligation re right of first refusal |
| 100 | Special termination period for mobile home sites |
| 101 | Early termination by tenant |
| TERMINATION BY LANDLORD: TEMPORARY AND SUBSIDIZED ACCOMMODATION | |
| 102(1) | Landlord's rights when tenancy is temporary |
| (2) | Effect of temporary tenancy |
| 103(1) | Tenant in subsidized housing |
| (2) | Tenant in need of subsidized bousing |
| TERMINATION BY STATUTE OR BY FRUSTRATION OF AGREEMENT | |
| 104 | Termination by government authority |
| 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 personal property |
| (2) | Landlord to give inventory |
| (3) | Disposition of property |
| (4) | Remaining property to be stored |
| (5) | When property to be returned to tenant |
| 107(1) | Sale of unclaimed property |
| (2) | Proceeds of sale |
| (3) | Unclaimed proceeds forfeited to Crown |
| (4) | Purchaser in good faith acquires good tide |
| 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) | Landlord's obligation re exterior |
| (2) | Tenant's obligation re exterior |
| (3) | Tenant's obligation to keep exterior and site 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 |
| (3) | Non-application to certain laundry facilities |
| 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 |
| RENT INCREASE PERMITTED BY THE REGULATIONS | |
| 120(1) | Definition of "rent charged for rental unit" |
| (2) | Rent increase in amount permitted by regulation |
| 121 | Objection by tenant |
| 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 |
| 126 | Amended application |
| 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 units or less |
| (2) | Increase effective against new tenant |
| 132(1) | Rent increase on possession by landlord: 4 or more units |
| (2) | Increase effective against new tenant |
| (3) | Objection by tenant |
| 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) | Rent increases limited to amounts set by order |
| (4) | Order may be rescinded if scheme not completed |
| (5) | Variation of order |
| 135 | Refusal of scheme |
| 136(1) | Prohibition on condominium conversion |
| (2) | Filing of notice in L.T.O. |
| (3) | Effect of filing |
| (4) | Withdrawal of notice |
| IMPROVEMENTS REQUESTED BY TENANTS | |
| 137(1) | Application to charge for improvements, etc. |
| (2) | When application to be made |
| (3) | Order of director |
| REDUCTION OF SERVICES AND FACILITIES | |
| 138(1) | Application for reduction or withdrawal of services, etc. |
| (2) | Notice by director |
| (3) | Objection by tenant |
| 139(1) | Order permitting reduction |
| (2) | Order when reduction beyond landlord's control |
| UNAUTHORIZED RENT | |
| 140(1) | Interpretation |
| (2) | Inquiry into unauthorized rent increase |
| (3) | Order |
| (4) | Order authorizing set-off of rent |
| 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 |
| (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 |
| 147(1) | Panels |
| (2) | Assignment of commissioners |
| (3) | Quorum |
| (4) | Decision of majority |
| 148(1) | Disclosure of interests |
| (2) | Further disclosures |
| (3) | Disclosure by chief commissioner |
| 149 | Disqualification of commissioners |
| 150(1) | Guidelines |
| (2) | Consultation respecting guidelines |
| (3) | Guidelines to be made available |
| 151(1) | Annual report |
| (2) | Tabling of report |
| PART 11 | |
| PROCEDURES | |
| DIRECTOR'S AUTHORITY: MATTERS OTHER THAN RENT REGULATION | |
| 152(1) | Director's authority: matters other than rent regulation |
| (2) | Director may initiate proceedings |
| (3) | No authority re personal injury or death |
| (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 |
| 154(1) | Orders by director |
| (2) | Re-direction and set-off of rent |
| (3) | Terms and conditions |
| (4) | Order to enforce prior order |
| (5) | Order takes precedence over assignment of rents |
| 155(1) | Contents of order |
| (2) | Order given to persons affected |
| (3) | Reasons |
| 156(1) | Lien for advances for repair |
| (2) | Enforcement of lien |
| 157(1) | Order filed in court |
| (2) | Order of possession |
| DIRECTOR'S AUTHORITY: RENT REGULATION | |
| 158(1) | Director's authority: rent regulation |
| (2) | Director may initiate own proceedings |
| 159(1) | Contents of order |
| (2) | Order given to persons affected |
| (3) | Reasons |
| 160 | Order filed in court |
| APPEAL TO THE COMMISSION | |
| 161(1) | Appeal from order of director |
| (2) | Notice of appeal |
| (3) | Notice in matter under Parts 1 to 8 |
| (4) | Notice in rent regulation matter |
| 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 |
| 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 |
| 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(1) | Appeal to Court of Appeal |
| (2) | Appeal with leave |
| (3) | Application for leave to appeal |
| 176 | Commission entitled to be heard |
| 177 | Order of commission stayed |
| 178 | Powers of Court on appeal |
| 179 | No appeal of rent regulation matter |
| 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 |
| (6) | Application to court by director |
| 181(1) | Appeal to commission |
| (2) | Procedure on appeal |
| (3) | Powers of commission on appeal |
| (4) | Limitation |
| (5) | No appeal from order of commission |
| (6) | Director to comply with order |
| 182(1) | Appointment of receiver-manager |
| (2) | Orders of the court |
| (3) | Duties of receiver-manager |
| (4) | Application for directions from court |
| 183(1) | Lien for money expended by receiver-manager |
| (2) | Remittance by local authority |
| (3) | Registration of notice in L.T.O. |
| (4) | Entry of registration on title |
| (5) | Discharge of notice |
| PART 12 | |
| GENERAL PROVISIONS | |
| 184(1) | Giving of notices |
| (2) | Notices of termination |
| (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 |
| 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 |
| (2) | Compellability of witnesses |
| 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 13 | |
| REGULATIONS | |
| 194 | Regulations |
| PART 14 | |
| OFFENCES AND PENALTIES | |
| 195(1) | Offences |
| (2) | Officers and directors of corporations |
| (3) | Penalty |
| (4) | Offences respecting security deposits |
| (5) | Limitation |
| PART 15 | |
| TRANSITIONAL, REPEAL, CONSEQUENTIAL AND COMING INTO FORCE | |
| 196(1) | Time to comply with security deposit requirements |
| (2) | Unclaimed security deposits under former Act |
| (3) | Security deposits for furnished rental unit not affected |
| (4) | Time to comply with furnished rental units requirements |
| (5) | Court proceedings under former Act |
| 197(1) | Unclaimed rent under former Act |
| (2) | Rehabilitation scheme exemptions under former Act continued |
| (3) | Rent increase applications continued under former Act |
| (4) | Rent regulation proceedings continued under former Act |
| 198 | Part IV of Landlord and Tenant Act repealed |
| 199 | Residential Rent Regulation Act repealed |
| 200(1) | Condominium Act amended |
| (2) | Section 1 amended |
| (3) | Clause 5(1)(g) amended |
| (4) | Subsection 5(2) amended |
| (6) | Subsection 5(2.3) repealed and substituted |
| (2.3) | Resolution by director |
| (7) | Subsection 5(2.4) amended |
| (8) | Subsection 5(2.5) repealed and substituted |
| (2.5) | Appeal of director's order |
| (9) | Subsection 5(2.6) repealed |
| 201(1) | Cooperatives Act amended |
| (2) | Subsection 112(2) amended |
| 202(1) | Court of Queen's Bench Small Claims Practices Act amended |
| (2) | Section 3 amended |
| (2) | Exception |
| 203(1) | Housing and Renewal Corporation Act amended |
| (2) | Section 44 amended |
| 204(1) | Landlord and Tenant Act amended |
| (2) | Definition of "landlord" repealed and substituted |
| (3) | Definitions repealed |
| (4) | Clause 2(l)(c) amended |
| (5) | Section 77 repealed |
| 205(1) | Perpetuities and Accumulations Act amended |
| (2) | Definition amended |
| 206 | C.C.S.M. reference |
| 207 | Coming into force |