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C.C.S.M. c. R119
The Residential Tenancies Act
| 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 | |
| TENANCY AGREEMENTS | ||
| GENERAL PROVISIONS | ||
| 7 | (1) | Agreement may be oral, written or implied |
| (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 | |
| 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 | |
| DEPOSITS AND CONDITION REPORTS | ||
| SECURITY DEPOSITS | ||
| 29 | Security deposit requirements | |
| PET DAMAGE DEPOSITS | ||
| 29.1 | (1) | Pet damage deposit |
| (2) | No pet damage deposit before June 30, 2010 | |
| (2.1) | Transitional — deposit not more than ½ of one month's rent | |
| (3) | Exception — service animals | |
| (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 | |
| 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 | |
| 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 |
| (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 | (1) | Landlord's duty not to interfere with enjoyment |
| (2) | Presumed intent | |
| (3) | Landlord's liability | |
| 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 | |
| 74.1 | Unlawful activity by tenant | |
| 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 | |
| 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 | |
| TERMINATION BY TENANT: MEMBER OF CANADIAN FORCES OR OTHER COUNTRY'S ARMED FORCES | ||
| 92.1 | (1) | Interpretation |
| (2) | Termination re Canadian Forces members and members of the armed forces of another country | |
| (3) | Notice and certificate from official required | |
| TERMINATION BY TENANT: DOMESTIC OR SEXUAL VIOLENCE OR STALKING | ||
| 92.2 | Definitions | |
| 92.3 | (1) | Termination for domestic or sexual 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 | |
| (3.1) | Who may provide a statement | |
| (4) | Form of certificate | |
| (5) | Requirement for confidentiality | |
| TERMINATION BY TENANT: ACCESSIBILITY REASONS | ||
| 92.5 | (1) | Termination for accessibility reasons |
| (2) | Notice and certificate from physician required | |
| TERMINATION BY TENANT: INCAPACITY OR MOVE INTO CARE FACILITY | ||
| 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 | |
| (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 | |
| 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 | |
| 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 | |
| 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 | Repealed | |
| 122 | Repealed | |
| 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 | |
| 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 | |
| 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 | |
| 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) | Repealed | |
| 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 | Repealed | |
| 176 to 178 | Repealed | |
| 178.1 | Repealed | |
| 179 | Repealed | |
| 179.0.1 | Transitional — appeal to Court of Appeal | |
| 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) | Repealed | |
| (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 | |
| 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 |
| (1.1) | Immunity re statement | |
| (2) | Compellability of witnesses | |
| (3) | Designated authority not compellable as witness | |
| (3.1) | Provider of statement 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 | |
| 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) | Repealed | |
| 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 | |
| REGULATIONS | ||
| 194 | (1) | Regulations |
| (2) | Regulations may apply differently | |
| 194.1 | Regulations by minister | |
| OFFENCES AND PENALTIES | ||
| 195 | (1) | Offences |
| (2) | Officers and directors of corporations | |
| (3) | Penalty | |
| (4) | Offences respecting deposits | |
| (5) | Limitation | |
| 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 | |