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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 |
| (1.1) | If guarantor a term of tenancy agreement |
| (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) | Transitional |
| (3) | Exception — dog guides and animal assistants |
| (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 |
| (2) | Notice if utility to be discontinued |
| (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 | Landlord's duty not to interfere with enjoyment |
| 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 |
| 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 |
| 92.1(1) | Interpretation: Canadian Forces member or member of the armed forces of another country |
| (2) | Termination re Canadian Forces members and members of the armed forces of another country |
| (3) | Notice and certificate from official required |
| 92.2 | Interpretation: "domestic violence" and "stalking" |
| 92.3(1) | Termination for domestic 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 |
| (4) | Form of certificate |
| (5) | Requirement for confidentiality |
| 92.5(1) | Termination for accessibility reasons |
| (2) | Notice and certificate from physician required |
| 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 |
| 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 |
| 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 |
| (1.1) | 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 |
| 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(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 |
| 178.1 | Director may enforce Court of Appeal orders |
| 179 | No appeal in certain matters |
| 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) | No appeal from order of commission |
| (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 |
| (2) | Compellability of witnesses |
| (3) | Designated authority 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) | No appeal to Court of Appeal |
| 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 |