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S.M. 2019, c. 15
Bill 19, 4th Session, 41st Legislature
The Residential Tenancies Amendment Act
This note is a reader's aid and is not part of the law.
This Act amends The Residential Tenancies Act.
Previously, a tenant could end a tenancy agreement early if they experienced domestic violence or stalking. The Act is expanded to include sexual violence. The procedure for establishing that violence or stalking has occurred is also simplified. Certain persons acting in their professional or employment capacity may provide a statement confirming violence or stalking has occurred.
Under The Residential Tenancies Act, most decisions and orders of the Residential Tenancies Commission can be further appealed to the Court of Appeal. The Act is amended so that the decisions and orders are final and cannot be appealed. A consequential amendment is made to The Cooperatives Act.
(Assented to June 3, 2019)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Section 92.2 is replaced with the following:
The following definitions apply in sections 92.3 and 92.4.
"domestic violence" means domestic violence within the meaning of subsection 2(1.1) of The Domestic Violence and Stalking Act that is caused by an act or omission of a person described in subsection 2(1) of that Act. (« violence familiale »)
"sexual violence" means any sexual act or act targeting a person's sexuality, gender identity or gender expression — whether the act is physical or psychological in nature — that is committed, threatened or attempted against a person without the person's consent, and includes sexual assault, sexual harassment, indecent exposure, voyeurism and sexual exploitation. (« violence à caractère sexuel »)
Subsection 92.4(3) is replaced with the following:
A designated authority may issue a certificate to a tenant for the purpose of terminating the tenancy because of domestic or sexual violence or stalking if
(a) the authority
(i) is satisfied that the tenant has made a complaint respecting domestic or sexual violence or stalking to local law enforcement authorities,
(ii) has received a copy of an order that the court, the Provincial Court or a judicial justice of the peace appointed under The Provincial Court Act has issued to protect the tenant from domestic or sexual violence or stalking, or
(iii) has received a written statement by a person described in subsection (3.1) acting in their professional capacity indicating that, in the person's opinion, the tenant has been the subject of domestic or sexual violence or stalking; and
The following is added after subsection 92.4(3):
The following persons may provide a written statement for the purpose of subclause (3)(a)(iii):
(a) a physician;
(b) a practising registered nurse under The Regulated Health Professions Act;
(c) a registered psychiatric nurse registered under The Registered Psychiatric Nurses Act;
(d) a psychologist registered under The Psychologists Registration Act;
(e) a social worker registered under The Social Work Profession Act;
(f) a member of the Royal Canadian Mounted Police or of a police service established or continued under The Police Services Act;
(g) a person employed at an emergency or transitional shelter for persons who are at risk of homelessness or violence, if the person is authorized by their employer to provide statements under this section;
(h) a person employed to provide support services for victims of domestic or sexual violence or stalking, if the person is authorized by their employer to provide statements under this section;
The following is added after section 179:
Sections 175 to 179, as they read immediately before the coming into force of this section, continue to apply in respect of a person who was eligible to make an appeal under subsection 175(1) before the coming into force of this section.
Section 188 is replaced with the following:
The following is added after subsection 190(1):
The following is added after subsection 190(3):
A person who provides a statement under subclause 92.4(3)(a)(iii) 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 person for the purposes of this Act; or
Subsection 194(1) is amended by adding the following after clause (j.5):
(j.6) prescribing classes of persons who can provide statements confirming domestic or sexual violence or stalking under clause 92.4(3.1)(i);
The following is added as subsection 282(3.1):
Subsection 282(3), as it read immediately before the coming into force of this subsection, continues to apply to a decision made before the coming into force of this subsection.
This Act comes into force on the day it receives royal assent.