C.C.S.M. c. R119
The Residential Tenancies Act
PART 1 | ||
INTERPRETATION AND APPLICATION | ||
1 | (1) | Definitions |
(1.1) | Furniture included in rental unit | |
(1.2) | Proposed rental unit | |
(1.3) | Rent re mobile homes | |
(1.4) | Payment of property taxes or licence fees | |
(1.5) | Interpretation: "municipality" | |
(1.6) | Remedies re mobile homes | |
(1.7) | Determining if a service is a tenant service | |
(1.8) | Monthly charge for improved efficiency charge not rent | |
(1.9) | Director may require information from Manitoba Hydro | |
(1.10) | Manitoba Hydro to provide information | |
(2) | Vacating premises | |
(3) | Abandoning premises | |
(4) | Reference to "Act" includes regulations | |
(5) | Reference to Life Leases Act includes regulations | |
2 | Application | |
3 | (1) | Non-application |
(2) | Exemptions from Act by regulation | |
4 | Conflict with other Acts | |
5 | Act binds the Crown | |
6 | (1) | Waiver of Act void |
(2) | Arrangement or payment to defeat Act void | |
PART 2 | ||
TENANCY AGREEMENTS | ||
GENERAL PROVISIONS | ||
7 | (1) | Agreement may be oral, written or implied |
(1.2) | If tenancy agreement includes tenant services | |
(1.3) | Existing agreement that includes tenant services — other than fixed term | |
(1.4) | Existing agreement that includes tenant services — fixed term | |
(2) | Standard form of tenancy agreement | |
(3) | Agreement deemed to be in writing | |
(4) | Agreement deemed to include provisions of standard form | |
(5) | Representation by landlord | |
(6) | Representation re life lease | |
7.1 | (1) | Cooling-off period for agreement that includes tenant services |
(1.1) | Calculating 48-hour period | |
(2) | Giving notice of cancellation | |
(3) | Termination of agreement | |
8 | Tenant entitled to copy | |
9 | Beginning of tenancy | |
10 | Rental payment period | |
10.1 | Tenant services charge payment period | |
11 | (1) | Additions to standard form |
(1.1) | Life lease requirements | |
(2) | House rules | |
(3) | Provision or rule to be reasonable | |
(4) | Condominium Act declaration, by-laws and rules | |
12 | Parties entitled to copy of document signed | |
13 | (1) | Notice of name of landlord or agent |
(2) | Alternative method of giving notice | |
14 | Additional payments prohibited | |
15 | Accelerated rent or tenant services charge prohibited | |
16 | Post-dated cheques | |
17 | Permission to breach obligation | |
18 | Furnished rental units | |
19 and 20 | Repealed | |
RENEWAL OF TENANCY AGREEMENTS | ||
21 | (1) | Renewal of written tenancy agreement: specified term |
(2) | Exception if landlord and tenant agree | |
(3) | Landlord to advise tenant about renewal | |
(4) | Tenant who does not renew is deemed to terminate | |
(5) | Deemed renewal if landlord fails to comply | |
22 | Renewal of oral or implied tenancy agreement: specified term | |
22.1 | Renewal of life lease for specified term | |
23 | Renewal of tenancy agreement: no specified term | |
24 | No automatic renewal for temporary tenancies | |
NOTICES OF RENT INCREASE | ||
25 | (1) | Three months' notice of rent increase |
(2) | Notice to new tenant | |
(3) | Increase void if no notice | |
(4) | Three months' notice of removal of rent discount | |
(5) | Exception for conditional discount | |
26 | (1) | Notice for units subject to rent regulation |
(2) | Notice not to take into account laundry facilities | |
27 | Notice for units not subject to rent regulation | |
28 | (1) | Notice to be given to director |
(2) | Exception | |
PART 2.1 | ||
GUARANTEE AGREEMENTS | ||
28.1 | Guarantee agreement in writing | |
28.2 | Contents of guarantee agreements | |
28.3 | (1) | Change in contact information |
(2) | Current contact information to be used | |
28.4 | (1) | Guarantor's obligation — fixed term tenancy |
(2) | Guarantor's obligation — fixed term tenancy that is renewed | |
(3) | Guarantor's obligation — tenancy with no fixed term | |
COPIES OF AGREEMENTS TO GUARANTOR | ||
28.5 | (1) | Copies of guarantee and tenancy agreements to guarantor |
(2) | Copy of tenancy agreement to existing guarantor | |
NOTICE OF RENEWAL OR INCREASE | ||
28.6 | (1) | Notice of tenancy agreement renewal to guarantor |
(2) | Contents of notice | |
(3) | If notice of renewal not given | |
28.7 | (1) | Notice of increase to guarantor — tenancy without fixed term |
(2) | Increase void against guarantor if no notice | |
SUBLETTING | ||
28.8 | Notice to guarantor re subletting | |
28.9 | New guarantee agreement required for sublet | |
NOTICE RE DEFAULT BY TENANT | ||
28.10 | Notice to guarantor if tenant defaults | |
TERMINATION OF GUARANTEE AGREEMENT | ||
28.11 | (1) | Termination — guarantee agreement for fixed term tenancy |
(2) | Termination — guarantee agreement for fixed term tenancy that is renewed | |
(3) | Termination — guarantee agreement for tenancy with no fixed term | |
DIRECTOR'S AUTHORITY: EXISTING GUARANTEE AGREEMENTS | ||
28.12 | Director's authority — existing guarantee agreements | |
GENERAL PROVISIONS | ||
28.13 | Parties entitled to copy of document signed | |
28.14 | Additional payments prohibited | |
28.15 | Restriction or waiver of Act void | |
PART 3 | ||
DEPOSITS AND CONDITION REPORTS | ||
SECURITY DEPOSITS | ||
29 | Security deposit requirements | |
PET DAMAGE DEPOSITS | ||
29.1 | (1) | Pet damage deposit |
(2) | 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 | |
PART 4 | ||
CHANGE OF TENANT OR LANDLORD | ||
GENERAL | ||
40 | Change of landlord | |
41 | Change of tenant | |
ASSIGNMENT AND SUBLETTING | ||
42 | (1) | Right to assign or sublet |
(2) | Exception | |
(3) | Prohibition | |
(4) | Prohibited assignment of life lease | |
(5) | Prohibited assignment — agreement with tenant services | |
43 | (1) | Consent |
(2) | No charge for consent | |
(3) | Form of consent to assign or sublet | |
44 | (1) | Form of assignment |
(2) | Form of subletting agreement | |
45 | When assignment or subletting takes effect | |
46 | (1) | Improper assignment or subletting |
(2) | Exception | |
(3) | Delivery of tenancy agreement | |
47 | Prohibitions re subletting and assignment | |
48 | Consequences of assignment | |
49 | Consequences of subletting | |
50 | (1) | When subletting terminated |
(2) | Failure to terminate subletting | |
CHANGE OF LANDLORD | ||
51 | (1) | New landlord to inform tenants of change |
(1.1) | New landlord to inform guarantors of change | |
(2) | Transfer of deposits | |
(3) | Repealed | |
(4) | Person entitled to payment | |
(5) | If tenant uncertain | |
52 | (1) | Consequences of change of landlord |
(2) | Obligation re excess rents | |
(2.1) | Obligation re excess tenant services charge | |
(3) | Obligation re deposits | |
(4) | Right of recovery by new landlord | |
PART 5 | ||
BENEFITS AND OBLIGATIONS | ||
MUTUAL OBLIGATIONS | ||
53 | (1) | Duty to provide doors and locks |
(2) | Change of locks or doors: rental unit | |
(3) | Change of locks or doors: residential complex | |
54 | (1) | Landlord's right to enter rental unit |
(2) | Notice requirement for entry: abandoned unit | |
(3) | Notice requirements for entry | |
(4) | Objection by tenant to notice | |
55 | (1) | Compensation for breach of Act or agreement |
(2) | Duty to minimize losses | |
(3) | Landlord's duty to re-rent unit | |
LANDLORD'S OBLIGATIONS | ||
56 | (1) | Obligation to make rental unit available |
(2) | Exception | |
56.1 | (1) | Notice that rental unit is unit under Condominium Act |
(2) | Consequence if notice not given | |
(3) | Obligation — condominium documents | |
(4) | Exception | |
57 | Acknowledgement of receiving payment | |
58 | Obligation to maintain appearance | |
59 | (1) | Obligation to repair |
(2) | Knowledge of non-repair immaterial | |
(3) | Orders respecting repair | |
(4) | Definition of "final order" | |
59.1 | Compensation for unreasonable delay | |
59.2 | (1) | Obligation re tenant services |
(2) | Compensation for contravention or breach | |
60 | (1) | Duty not to withhold vital services |
(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 | |
PART 6 | ||
TERMINATION OF TENANCY AGREEMENTS | ||
GENERAL PROVISIONS | ||
79 | Interpretation | |
80 | (1) | Restriction on termination of tenancy |
(2) | Restriction on recovery of possession | |
(3) | Exception | |
81 | Termination by agreement | |
82 | (1) | Termination on abandonment by tenant |
(2) | Landlord entitled to administration fee | |
83 | Overholding tenant | |
NOTICES OF TERMINATION | ||
84 | (1) | Notice of termination |
(1.1) | Information missing from notice | |
(2) | Notice of termination by tenant | |
(3) | Landlord may require tenant to give written notice | |
(4) | Repealed | |
85 | Repealed | |
TERMINATION BY TENANT | ||
86 | Termination by failing to renew: written agreement with fixed term | |
87 | (1) | Termination by giving notice: oral or implied agreement with fixed term |
(2) | Termination by giving notice: agreement without fixed term | |
(2.1) | Exception — agreement with tenant services | |
(3) | Termination by giving notice: life lease | |
(4) | Limitation | |
(5) | Termination by giving notice: deemed renewal | |
87.1 | Termination — tenant services provided and assignment prohibited | |
88 | (1) | Termination for landlord's failure to give possession |
(2) | Application to life leases | |
89 | (1) | Termination for landlord's contravention of Act or tenancy agreement |
(2) | Length of notice | |
(3) | Notice when risk to health or safety | |
(3.1) | Notice to remedy not required under subsection (3) | |
(4) | Notice when rental unit uninhabitable | |
90 | (1) | Termination for landlord's withholding consent to assign or sublet |
(2) | Length of notice | |
91 | (1) | Termination for increased rent |
(2) | Repealed | |
(3) | Length of notice | |
91.1 | Termination after application for rehabilitation scheme | |
91.2 | When notice of termination to be given | |
92 | Termination for tenant's inability to pay | |
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 | |
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 | 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 | |
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 9.2 | ||
TEMPORARY CHANGES CONCERNING THE 2020 PUBLIC HEALTH EMERGENCY | ||
140.9 | Purpose | |
Freeze in Rent Increases | ||
140.10 | (1) | Rent freeze |
(2) | Reimbursement required | |
(3) | Conflict | |
Forgoing Late Payment Fees | ||
140.11 | (1) | No late payment fees during emergency |
(2) | Conflict | |
Limiting Terminations | ||
140.12 | (1) | Landlord may terminate for limited reasons only |
(2) | Earlier notices of termination void | |
(3) | Conflict | |
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) | 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 | |
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 |
(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 | |
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) | 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 | |
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 |