Bill 11 — Second Session, 30Th Legislature, 69 Elizabeth Ii the Legisla Tive Assembly of Alberta Bill 11 Tenancies Statutes (Emerge Ncy Provisions) Amendment Act, 2020 (Legislature 30, Session 2)

L30 S2 11839

Alberta — Bills

2020 Bill 11 Second Session, 30th Legislature, 69 Elizabeth II THE LEGISLA TIVE ASSEMBLY OF ALBERTA BILL 11 TENANCIES STATUTES (EMERGE NCY PROVISIONS) AMENDMENT ACT, 2020 THE MINISTER OF SERVICE ALBERTA Firs t Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 11 BILL 11 2020 TENANCIES STATUTES (EMERGENCY PROVISIONS) AMENDMENT ACT, 2020 ( A s s e n t e d t o , 2 0 2 0 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Mobile Home Sites Tenancies Act Amends RSA 2000 cM-20 1(1) The Mobile Home Sites Tenancies Act is amended by this section.

(2) The following is added after

section 16: Prohibition on rent increases in emergency 16.1(1) In this section, “emergency end date” means the date of the lapse or termination of the state of public health emergency declared under Order in Council 80/2020 or such alternative date as may be prescribed.

(2) If a tenancy expires or is terminated on or after March 27, 2020, and the landlord and tenant enter into a new tenancy agreement in respect of the same mobile home site that was the subject of the expired or terminated tenancy agreement between March 27, 2020 and the emergency end date, the rent payable under the new tenancy agreement from the date the agreement was entered into until the emergency end date is deemed to be the amount of rent payable under the tenancy agreement that was in force immediately prior to the date on which the landlord and tenant entered into the new tenancy agreement.

1 Explanatory Notes Explanatory Notes Mobile Home Sites Tenancies Act 1(1) Amends

chapter M-20 of the Revised Statutes of Alberta 2000.

(2) Prohibition on rent increases in emergency.

(3) Despite

section 16, a landlord shall not increase the rent payable under an existing tenancy agreement until after the emergency end date where (

a) a landlord has given a tenant a written notice of an increase in the rent in accordance with

section 16, and (

b) the notice period required under

section 16(1) or the regulations is to elapse between March 27, 2020 and the emergency end date.

(3) The following is added after

section 24: No payment of late fees or penalties in emergency 24.1(1) In this section, “end date” means June 30, 2020 or such alternative date as may be prescribed.

(2) This

section applies to (

a) every tenancy agreement in effect in Alberta on April 1, 2020, and (

b) every tenancy agreement en tered into in Alberta between April 1, 2020 and the end date.

(3) Notwithstanding any provision in a tenancy agreement referred to in subsection (2), a landlord shall not charge a fee or penalty for late payments of rent or non-payment of rent by tenants between April 1, 2020 and the end date.

(4) For greater certainty, this

section voids any provision in a tenancy agreement referred to in subsection (2) with respect to (

a) the imposition or charging of late fees or penalties for the period between April 1, 2020 and the end date, and (

b) the enforcement or collec tion of late fees or penalties charged on or after the date immediately following the end date for the period between April 1, 2020 and the end date.

2 Explanatory Notes

(3) No payment of late fees or penalties in emergency.

3 (4)

Section 66(1) is amended (

a) by adding the following after clause (b): (b.1) prescribing an alternative emergency end date for the purposes of

section 16.1; (

b) by adding the following after clause (c): (c.1) prescribing an alternative end date for the purposes of

section 24.1;

(5) This

section has effect on March 27, 2020. Validation in respect of ministerial orders 2(1) Everything done under or in reliance of Ministerial Order No. SA:004/2020 is validated and declared for all purposes to have been validly done.

(2) Everything done under or in reliance of Ministerial Order No. SA:006/2020 in respect of the Mobile Home Sites Tenancies Act is validated and declared for all purposes to have been validly done. Residential Tenancies Act Amends SA 2004 cR-17.1 3(1) The Residential Tenancies Act is amended by this section.

(2) The following is added after

section 14: Prohibition on rent increases in emergency 14.1(1) In this section, “emergency end date” means the date of the lapse or termination of the state of public health emergency declared under Order in Council 80/2020 or such alternative date as may be prescribed.

(2) If a tenancy expires or is terminated on or after March 27, 2020, and the landlord and tenant enter into a new residential tenancy agreement in respect of the same residential premises that was the subject of the expired or terminated residential tenancy agreement between March 27, 2020 and the emergency end date, the rent payable under the new residential tenancy

3 Explanatory Notes (4)

Section 66(1) presently reads in part: 66(1) The Minister may make regulations (

b) respecting the reasons that a landlord may terminate a periodic tenancy under

Part 1; (

c) prescribing the statements to be contained in inspection reports and governing the signing of inspection reports for the purposes of

section 21;

(5) Coming into force. 2 Validates ministerial order. Residential Tenancies Act 3(1) Amends

chapter R-17.1 of the Statutes of Alberta, 2004.

(2) Prohibition on rent increases in emergency.

4 agreement from the date the agreement was entered into until the emergency end date is deemed to be the amount of rent payable under the residential tenancy agreement that was in force immediately prior to the date on which the landlord and tenant entered into the new residential tenancy agreement.

(3) Despite

section 14, a landlord shall not increase the rent payable under an existing residential tenancy agreement until after the emergency end date where (

a) a landlord has given a tenant a written notice of an increase in the rent in accordance with

section 14, and (

b) the notice period required under

section 14(1) is to elapse between March 27, 2020 and the emergency end date.

(3) Section 70(1) is amended (

a) by adding the followi ng after clause (c): (c.01) prescribing an alternative emergency end date for the purposes of

section 14.1; (

b) by adding the follo wing after clause (j): (j.1) respecting prohibitions against charging fees or penalti es for late payments of rent or non-payment of rent; (j.2) respecting the voiding o f provisions in residential tenancy agreements in respect of the imposition or charging of late fees or penalties or the enforcement or collection of late fees or penalties;

(4) This

section has effect on March 27, 2020. Validation in respect of ministerial order 4 Everything done under or in reliance of Ministerial Order No. SA:006/2020 in respect of the Residential Tenancies Act is validated and declared for all purposes to have been validly done.

4 Explanatory Notes (3)

Section 70(1) presently reads in part: 70(1) The Minister may make regulations (

c) prescribing the minimum am ount of time between increases in rent for periodic tenancies and for fixed term tenancies; (

j) respecting the circumstances under which landlords may charge a fee or penalty for late payments of rent by tenants, and prescribing the maximum amounts of such fees or penalties or the manner in which they are calculated;

(4) Coming into force. 4 Validates ministerial order.

5 Validates AR 55/2020 5(1) The Late Payment Fees and Penalties Regulation (AR 55/2020) is validated and declared for all purposes to have been validly made as of the date on which it was made.

(2) Everything done under or in reliance of the Late Payment Fees and Penalties Regulation (AR 55/2020) is validated and declared for all purposes to have been validly done.

(3) The Late Payment Fees and Penalties Regulation (AR 55/2020) is not subject to and is deemed not to have been subject to

section 3(5) of the Regulations Act and on filing is as valid against all persons as if it had been published.

5 Explanatory Notes 5 Validates AR 55/2020.

RECORD OF DEBATE Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Title: 2020 (30th, 2nd) Bill 11, Tenancies Statutes (Emergency Provisions) Amendment Act, 2020

Document details

Collection	Alberta — Bills
Citation	L30 S2 11839
Type	bill
Volume / chapter	L30 S2 11839
Language	en
Format	json
Source	PROVINCIAL
Identifier	0a640e95354509e4d94e060f540a291a97997dc2

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