C.C.S.M. c. R119
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| PART 1
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| INTERPRETATION AND APPLICATION
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| 1
| (1)
| Definitions
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| (1.1)
| Furniture included in rental unit
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| (1.2)
| Proposed rental unit
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| (1.3)
| Rent re mobile homes
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| (1.4)
| Payment of property taxes or licence fees
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| (1.5)
| Interpretation: "municipality"
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| (1.6)
| Remedies re mobile homes
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| (1.7)
| Determining if a service is a tenant service
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| (1.8)
| Monthly charge for improved efficiency charge not rent
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| (1.9)
| Director may require information from Manitoba Hydro
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| (1.10)
| Manitoba Hydro to provide information
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| (2)
| Vacating premises
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| (3)
| Abandoning premises
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|
| (4)
| Reference to "Act" includes regulations
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|
| (5)
| Reference to Life Leases Act includes regulations
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| 2
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| Application
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| 3
| (1)
| Non-application
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| (2)
| Exemptions from Act by regulation
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| 4
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| Conflict with other Acts
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| 5
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| Act binds the Crown
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| 6
| (1)
| Waiver of Act void
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| (2)
| Arrangement or payment to defeat Act void
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| PART 2
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| TENANCY AGREEMENTS
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| GENERAL PROVISIONS
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| 7
| (1)
| Agreement may be oral, written or implied
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| (1.1)
| If guarantor a term of tenancy agreement
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| (1.2)
| If tenancy agreement includes tenant services
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| (1.3)
| Existing agreement that includes tenant services — other than fixed term
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| (1.4)
| Existing agreement that includes tenant services — fixed term
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|
| (2)
| Standard form of tenancy agreement
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|
| (3)
| Agreement deemed to be in writing
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| (4)
| Agreement deemed to include provisions of standard form
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| (5)
| Representation by landlord
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| (6)
| Representation re life lease
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| 7.1
| (1)
| Cooling-off period for agreement that includes tenant services
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| (1.1)
| Calculating 48-hour period
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| (2)
| Giving notice of cancellation
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| (3)
| Termination of agreement
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| 8
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| Tenant entitled to copy
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| 9
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| Beginning of tenancy
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| 10
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| Rental payment period
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| 10.1
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| Tenant services charge payment period
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| 11
| (1)
| Additions to standard form
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| (1.1)
| Life lease requirements
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| (2)
| House rules
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| (3)
| Provision or rule to be reasonable
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| (4)
| Condominium Act declaration, by-laws and rules
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| 12
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| Parties entitled to copy of document signed
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| 13
| (1)
| Notice of name of landlord or agent
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| (2)
| Alternative method of giving notice
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| 14
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| Additional payments prohibited
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| 15
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| Accelerated rent or tenant services charge prohibited
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| 16
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| Post-dated cheques
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| 17
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| Permission to breach obligation
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| 18
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| Furnished rental units
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| 19 and 20
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| Repealed
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| RENEWAL OF TENANCY AGREEMENTS
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| 21
| (1)
| Renewal of written tenancy agreement: specified term
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|
| (2)
| Exception if landlord and tenant agree
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|
| (3)
| Landlord to advise tenant about renewal
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|
| (4)
| Tenant who does not renew is deemed to terminate
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|
| (5)
| Deemed renewal if landlord fails to comply
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| 22
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| Renewal of oral or implied tenancy agreement: specified term
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| 22.1
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| Renewal of life lease for specified term
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| 23
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| Renewal of tenancy agreement: no specified term
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| 24
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| No automatic renewal for temporary tenancies
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| NOTICES OF RENT INCREASE
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| 25
| (1)
| Three months' notice of rent increase
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|
| (2)
| Notice to new tenant
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|
| (3)
| Increase void if no notice
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| (4)
| Three months' notice of removal of rent discount
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|
| (5)
| Exception for conditional discount
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| 26
| (1)
| Notice for units subject to rent regulation
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|
| (2)
| Notice not to take into account laundry facilities
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| 27
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| Notice for units not subject to rent regulation
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| 28
| (1)
| Notice to be given to director
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| (2)
| Exception
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| PART 2.1
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| GUARANTEE AGREEMENTS
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| 28.1
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| Guarantee agreement in writing
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| 28.2
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| Contents of guarantee agreements
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| 28.3
| (1)
| Change in contact information
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| (2)
| Current contact information to be used
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| 28.4
| (1)
| Guarantor's obligation — fixed term tenancy
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| (2)
| Guarantor's obligation — fixed term tenancy that is renewed
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| (3)
| Guarantor's obligation — tenancy with no fixed term
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| COPIES OF AGREEMENTS TO GUARANTOR
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| 28.5
| (1)
| Copies of guarantee and tenancy agreements to guarantor
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| (2)
| Copy of tenancy agreement to existing guarantor
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| NOTICE OF RENEWAL OR INCREASE
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| 28.6
| (1)
| Notice of tenancy agreement renewal to guarantor
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|
| (2)
| Contents of notice
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| (3)
| If notice of renewal not given
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| 28.7
| (1)
| Notice of increase to guarantor — tenancy without fixed term
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| (2)
| Increase void against guarantor if no notice
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| SUBLETTING
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| 28.8
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| Notice to guarantor re subletting
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| 28.9
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| New guarantee agreement required for sublet
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| NOTICE RE DEFAULT BY TENANT
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| 28.10
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| Notice to guarantor if tenant defaults
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| TERMINATION OF GUARANTEE AGREEMENT
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| 28.11
| (1)
| Termination — guarantee agreement for fixed term tenancy
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| (2)
| Termination — guarantee agreement for fixed term tenancy that is renewed
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| (3)
| Termination — guarantee agreement for tenancy with no fixed term
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| DIRECTOR'S AUTHORITY: EXISTING GUARANTEE AGREEMENTS
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| 28.12
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| Director's authority — existing guarantee agreements
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| GENERAL PROVISIONS
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| 28.13
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| Parties entitled to copy of document signed
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| 28.14
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| Additional payments prohibited
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| 28.15
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| Restriction or waiver of Act void
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| PART 3
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| DEPOSITS AND CONDITION REPORTS
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| SECURITY DEPOSITS
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| 29
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| Security deposit requirements
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| PET DAMAGE DEPOSITS
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| 29.1
| (1)
| Pet damage deposit
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| (2)
| No pet damage deposit before June 30, 2010
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| (2.1)
| Transitional — deposit not more than ½ of one month's rent
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|
| (3)
| Exception — service animals
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| (4)
| Pet damage deposit requirements
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| (5)
| Return of deposit on termination of tenancy
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| 29.2
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| Rules re pets
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| TENANT SERVICES SECURITY DEPOSITS
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| 29.3
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| Tenant services security deposit
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| 29.4
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| Tenant services security deposit requirements
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| 29.4.1
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| Increase in tenant services security deposit
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| 29.5
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| Transitional
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| 30
| (1)
| Landlord to hold or remit deposit
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| (2)
| Security may be provided
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| (3)
| If security not provided and deposit not returned
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|
| (4)
| Deposit remitted to director
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|
| (5)
| Director may charge administration fee
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|
| (6)
| Director may return deposits to landlord
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| 31
| (1)
| Tenant entitled to interest on deposit
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|
| (2)
| Landlord or director entitled to excess interest
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| CLAIMS AGAINST DEPOSITS
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| 31.1
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| Claim against security deposit
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| 31.2
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| Claim against pet damage deposit
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| 31.3
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| Claim against tenant services security deposit
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| 31.4
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| Other claims
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| 31.5
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| Deposits not subject to garnishment
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| RETURN OF DEPOSIT HELD BY THE LANDLORD
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| 32
| (1)
| Return of deposit if no claim by landlord
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| (2)
| Landlord to notify tenant of claim
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| (3)
| Request to director for determination
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| (4)
| Landlord may make claim
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| (5)
| If landlord fails to make claim
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|
| (6)
| Director to determine payment
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|
| (7)
| Determination when tenant not located
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|
| (8)
| Deposit paid to director if tenant not located
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| 33
| (1)
| Deposit paid to director if no claim by landlord
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|
| (2)
| Forfeiture to Crown
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| RETURN OF DEPOSIT HELD BY THE DIRECTOR
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| 34
| (1)
| Deposit held by director
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| (2)
| Return of deposit if no claim by landlord
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| (3)
| Landlord to notify tenant of claim
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| (4)
| Payment of deposit when tenant agrees to claim
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| (5)
| Payment when no agreement
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| (6)
| Landlord's right under Part 11
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| 35
| (1)
| When tenant cannot be located
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| (2)
| Director to determine payment
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| (3)
| Forfeiture to Crown
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| SECURITY DEPOSIT COMPENSATION FUND
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| 36
| (1)
| Security deposit compensation fund
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| (2)
| Unclaimed deposits and other money into fund
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| (3)
| Payment to tenant from fund if deposit not returned
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| (4)
| Balance exceeding $30,000
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| (5)
| Unexpended balance paid into Consolidated Fund
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| PAYMENT OF UNSATISFIED DEPOSITS FROM FUND
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| 36.1
| (1)
| Application for payment from fund
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| (2)
| Director to determine application
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| (3)
| Director may postpone payment
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| (4)
| Director entitled to recover payment from fund
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| (5)
| Money recovered paid into compensation fund
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| OVERHOLDING TENANTS AND ASSIGNMENTS
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| 37
| (1)
| Date of termination: overholding tenant
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|
| (2)
| Date of termination: assignment
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| SET-OFF OF DEPOSIT
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| 38
| (1)
| Right to set-off if deposit exceeds permitted amount
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|
| (2)
| Set-off with consent
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| CONDITION REPORTS
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| 39
| (1)
| Landlord or tenant may request a condition report
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|
| (2)
| Inspection
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| (3)
| Completion of condition report
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| (4)
| Purpose of condition report
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| PART 4
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| CHANGE OF TENANT OR LANDLORD
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| GENERAL
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| 40
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| Change of landlord
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| 41
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| Change of tenant
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| ASSIGNMENT AND SUBLETTING
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| 42
| (1)
| Right to assign or sublet
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|
| (2)
| Exception
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| (3)
| Prohibition
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| (4)
| Prohibited assignment of life lease
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| (5)
| Prohibited assignment — agreement with tenant services
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| 43
| (1)
| Consent
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| (2)
| No charge for consent
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| (3)
| Form of consent to assign or sublet
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| 44
| (1)
| Form of assignment
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| (2)
| Form of subletting agreement
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| 45
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| When assignment or subletting takes effect
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| 46
| (1)
| Improper assignment or subletting
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| (2)
| Exception
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| (3)
| Delivery of tenancy agreement
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| 47
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| Prohibitions re subletting and assignment
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| 48
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| Consequences of assignment
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| 49
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| Consequences of subletting
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| 50
| (1)
| When subletting terminated
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|
| (2)
| Failure to terminate subletting
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| CHANGE OF LANDLORD
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| 51
| (1)
| New landlord to inform tenants of change
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|
| (1.1)
| New landlord to inform guarantors of change
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|
| (2)
| Transfer of deposits
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|
| (3)
| Repealed
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| (4)
| Person entitled to payment
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| (5)
| If tenant uncertain
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| 52
| (1)
| Consequences of change of landlord
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| (2)
| Obligation re excess rents
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| (2.1)
| Obligation re excess tenant services charge
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| (3)
| Obligation re deposits
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| (4)
| Right of recovery by new landlord
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| PART 5
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| BENEFITS AND OBLIGATIONS
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| MUTUAL OBLIGATIONS
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| 53
| (1)
| Duty to provide doors and locks
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| (2)
| Change of locks or doors: rental unit
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| (3)
| Change of locks or doors: residential complex
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| 54
| (1)
| Landlord's right to enter rental unit
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|
| (2)
| Notice requirement for entry: abandoned unit
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| (3)
| Notice requirements for entry
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| (4)
| Objection by tenant to notice
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| 55
| (1)
| Compensation for breach of Act or agreement
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| (2)
| Duty to minimize losses
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| (3)
| Landlord's duty to re-rent unit
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| LANDLORD'S OBLIGATIONS
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| 56
| (1)
| Obligation to make rental unit available
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|
| (2)
| Exception
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| 56.1
| (1)
| Notice that rental unit is unit under Condominium Act
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|
| (2)
| Consequence if notice not given
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| (3)
| Obligation — condominium documents
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| (4)
| Exception
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| 57
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| Acknowledgement of receiving payment
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| 58
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| Obligation to maintain appearance
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| 59
| (1)
| Obligation to repair
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|
| (2)
| Knowledge of non-repair immaterial
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|
| (3)
| Orders respecting repair
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|
| (4)
| Definition of "final order"
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| 59.1
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| Compensation for unreasonable delay
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| 59.2
| (1)
| Obligation re tenant services
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| (2)
| Compensation for contravention or breach
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| 60
| (1)
| Duty not to withhold vital services
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|
| (2)
| Notice if utility to be discontinued
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|
| (3)
| Role of director in preventing discontinuance
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| 61
| (1)
| Duty not to withhold services and facilities or tenant services
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|
| (2)
| Services not specified in agreement
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|
| (3)
| Exceptions
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| (4)
| Substitution of service
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| 62
| (1)
| Landlord's duty not to interfere with enjoyment
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|
| (2)
| Presumed intent
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|
| (3)
| Landlord's liability
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| 63
|
| No seizure of tenant's property
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| 64
|
| Repealed
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| 65
| (1)
| Restraint of trade prohibited
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|
| (2)
| When tradesperson may be prohibited from entry
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| 66
| (1)
| Access by persons invited by tenant
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|
| (2)
| Access for candidates and representatives
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| 67
|
| Landlord to investigate complaints
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| 67.1
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| Representations to landlord re agreements with tenant services
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| 68
| (1)
| Rent increase with intent to evict
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|
| (1.1)
| Tenant services charge increase with intent to evict
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|
| (2)
| Presumed intent
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|
| (3)
| Disclosure of estimated rent and tenant services charge
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|
| (4)
| Estimated amount unreasonable
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| (5)
| Landlord's duty to disclose
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|
| (6)
| Landlord's liability
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| 68.1
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| Right of first refusal
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| TENANT'S OBLIGATIONS
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| 69
| (1)
| Duty to pay rent and tenant services charge
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|
| (2)
| Right to withhold payment for non-compliance with standards
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|
| (3)
| Payment to director
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|
| (4)
| Landlord may impose late payment fee
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| 70
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| Obligation to keep unit clean
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| 71
| (1)
| No alteration or redecoration without consent
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|
| (2)
| Consent subject to conditions
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| 72
| (1)
| Obligation to take care and repair damage
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|
| (2)
| Exception for reasonable wear and tear
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| 73
|
| Duty not to disturb others
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| 74
|
| Duty not to impair safety or interfere with rights
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| 74.1
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| Unlawful activity by tenant
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| 75
|
| Additional obligations and rules
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| 75.1
| (1)
| Additional obligations under Condominium Act
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|
| (2)
| Additional obligation to ensure compliance
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|
| (3)
| Exception
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| 76
|
| Overcrowding
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| 76.1
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| Removal of belongings
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| 77
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| Installation and removal of fixtures
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| 78
|
| No misrepresentation by tenant
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| PART 6
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| TERMINATION OF TENANCY AGREEMENTS
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| GENERAL PROVISIONS
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| 79
|
| Interpretation
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| 80
| (1)
| Restriction on termination of tenancy
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|
| (2)
| Restriction on recovery of possession
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|
| (3)
| Exception
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| 81
|
| Termination by agreement
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| 82
| (1)
| Termination on abandonment by tenant
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|
| (2)
| Landlord entitled to administration fee
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| 83
|
| Overholding tenant
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| NOTICES OF TERMINATION
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| 84
| (1)
| Notice of termination
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|
| (1.1)
| Information missing from notice
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|
| (2)
| Notice of termination by tenant
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|
| (3)
| Landlord may require tenant to give written notice
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|
| (4)
| Repealed
|
| 85
|
| Repealed
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| TERMINATION BY TENANT
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| 86
|
| Termination by failing to renew: written agreement with fixed term
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| 87
| (1)
| Termination by giving notice: oral or implied agreement with fixed term
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|
| (2)
| Termination by giving notice: agreement without fixed term
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|
| (2.1)
| Exception — agreement with tenant services
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|
| (3)
| Termination by giving notice: life lease
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|
| (4)
| Limitation
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|
| (5)
| Termination by giving notice: deemed renewal
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| 87.1
|
| Termination — tenant services provided and assignment prohibited
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| 88
| (1)
| Termination for landlord's failure to give possession
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|
| (2)
| Application to life leases
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| 89
| (1)
| Termination for landlord's contravention of Act or tenancy agreement
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|
| (2)
| Length of notice
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|
| (3)
| Notice when risk to health or safety
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|
| (3.1)
| Notice to remedy not required under subsection (3)
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|
| (4)
| Notice when rental unit uninhabitable
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| 90
| (1)
| Termination for landlord's withholding consent to assign or sublet
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|
| (2)
| Length of notice
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| 91
| (1)
| Termination for increased rent
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|
| (2)
| Repealed
|
|
| (3)
| Length of notice
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| 91.1
|
| Termination after application for rehabilitation scheme
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| 91.2
|
| When notice of termination to be given
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| 92
|
| Termination for tenant's inability to pay
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| 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
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|
| (3)
| Notice and certificate from official required
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| 92.2
|
| Interpretation: "domestic violence" and "stalking"
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| 92.3
| (1)
| Termination for domestic violence or stalking
|
|
| (2)
| Notice and certificate from designated authority required
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| 92.4
| (1)
| Appointment of designated authority
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|
| (2)
| Power to delegate
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|
| (3)
| When designated authority may issue certificate
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|
| (4)
| Form of certificate
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|
| (5)
| Requirement for confidentiality
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| 92.5
| (1)
| Termination for accessibility reasons
|
|
| (2)
| Notice and certificate from physician required
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| 92.6
| (1)
| Termination for incapacity or move into care facility
|
|
| (2)
| Notice and certificate from physician required
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| 92.7
|
| Termination by one of a group of tenants
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| 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
|
|
| (5)
| Conviction for unlawful activity 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
|
| 149.1
|
| No disqualification
|
| 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
|
|
| (1.0.1)
| Order of possession for unlawful activity
|
|
| (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
|
| LEAVE TO APPEAL REQUIRED FOR CERTAIN APPEALS
|
| 160.2
| (1)
| Leave to appeal required for certain director's orders
|
|
| (2)
| Grounds for leave to appeal
|
|
| (3)
| Form and content of leave application
|
|
| (4)
| Notice of appeal filed with leave application
|
|
| (5)
| Time for filing leave application and notice of appeal
|
|
| (6)
| Time for making decision
|
|
| (7)
| Order of director stayed
|
|
| (8)
| Notice to director
|
|
| (9)
| Information to be forwarded
|
|
| (10)
| Parties to leave application
|
|
| (11)
| Procedure re consideration of leave application
|
|
| (12)
| Applicable provisions
|
|
| (13)
| Order re leave application
|
|
| (14)
| Order given to parties
|
|
| (15)
| Notice if leave granted
|
|
| (16)
| No appeal from leave application
|
| 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
|
