Third

Session, 48th General Assembly

Elizabeth II, 2018

BILL 15

AN ACT RESPECTING

TENANCIES OF RESIDENTIAL PREMISES

Received and Read the First Time .................................................................................................

Second Reading .................................................................................................................................

Committee ..........................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE SHERRY GAMBIN-WALSH

Minister

of Service Newfoundland and Labrador

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would revise the law respecting tenancies of residential

premises.

A BILL

AN ACT RESPECTING TENANCIES OF RESIDENTIAL PREMISES

Analysis

Short title

Definitions

Application of Act

Crown bound

Appointment of director

Powers of director

Provision of rental agreement and

information

Types of rental agreement

Landlord and tenant relationship

Statutory conditions

Rent paid in other than money

Future rent

Rent for fixed term rental agreement

Security deposit

Fee for failure to pay rent

Rental increase

Record of tenant's payments

Notice of termination of rental

agreement

Notice where failure to pay rent

Notice where material term of agreement

contravened

Notice where premises uninhabitable

Notice where tenant's obligation not met

Notice where landlord contravenes

peaceful enjoyment and reasonable privacy

Notice where tenant contravenes peaceful

enjoyment and reasonable privacy

Application for certificate

Notice where tenant is victim of family

violence

Confidentiality

Group termination

Termination for invalid purpose

Entry by public

Abandonment of residential premises by

tenant

Abandoned personal property

Seizure of property

34. Requirements for notices

Service of documents

Inspectors

Powers of inpectors

38. Order of inspector

39. Contravention of Act suspected

Telewarrant

Protection from liability

Application to director

Refusal or dismissal of application

Withdrawal of application

Mediation

Hearing

Order of director

Order without hearing

Copy of order

Appeal from director's order

Offence

Lieutenant-Governor in Council regulations

53. Ministerial regulations

Fees and forms

Transitional

RSNL1990 cC-34 Amdt.

SNL1998 cC-35.1 Amdt.

RSNL1990 cL-10 Amdt.

RSNL1990 cM-7 Amdt.

SNL2000 cR-14.1 Rep.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Residential Tenancies Act ,

2018 .

Definitions

2. In

this Act

(a) "director"

means the Director of Residential Tenancies appointed under

section 5;

(b) "family violence" has the same

meaning as in

section 3 of the Family

Violence Protection Act ;

(c) "landlord"

includes

(

i) an owner of a residential premises,

(ii) an agent or another person who, on behalf of an owner,

(

A) permits the use or occupation of a residential

premises under a rental agreement, or

(

B) exercises powers and performs duties under

this Act or the rental agreement,

(iii) the heirs, assigns and personal representatives of a person referred

to in subparagraph (i), and

(iv) a person, other than a tenant using or occupying

a residential premises, who

(

A) is entitled to use or occupy the residential

premises, and

(

B) exercises any of the rights of a person

referred to in subparagraph (

i) or (ii) under this Act or a rental agreement;

(d) "minister"

means the minister appointed under the Executive

Council Act to administer this Act;

(e) "mobile

home" means a dwelling unit used as a residential premises and designed to

be mobile but does not include a travel trailer, camper trailer or other

similar trailer;

(f) "mobile

home park" means a related group of mobile homes, and includes any lands,

structures, services and facilities available for the use and enjoyment of a

tenant;

(g) "rent"

means money or other value paid, or required to be paid under a rental

agreement, by a tenant to a landlord before or during the use or occupancy of a

residential premises for the use or occupation of the residential premises and

includes

(

i) an amount payable for the use of furniture contained in the

residential premises,

(ii) an amount payable for the cost of utilities,

(iii) a fee assessed under

section 15, and

(iv) a payment made to a landlord on the sale of a mobile home including

(

A) a payment for the right to use or occupy the

land, and

(

B) a fee charged to connect a mobile home to a

service or a facility;

(h) "rental

agreement" means a written, oral or implied agreement between a landlord

and a tenant in which the tenant is granted the right to use or occupy a

residential premises on the condition rent is paid;

(i) "rental period" means the weekly or monthly interval at which

rent is payable under a rental agreement;

(j) "residential complex" means

(

i) a building or part of a building or a related group of buildings in

which one or more residential premises are located, and includes any lands,

structures, services and facilities available for the use and enjoyment of a

tenant, and

(ii) a mobile home park;

(k) "residential

premises" means

(

i) living accommodation that is rented and is

used or occupied or intended for use or occupation by a tenant as a residence,

including a house, apartment, room or similar place, and

(ii) land rented by a tenant upon which the tenant locates a mobile

home;

(l) "security deposit" means money or other value paid, or required

to be paid under a rental agreement, by a tenant to a landlord to be held as

security for

(

i) the performance of an obligation, or

(ii) a liability of the tenant; and

(m) "tenant"

includes

(

i) a person who is entitled to use or occupy a residential premises

under a rental agreement,

(ii) a person other than a landlord who enters into a rental agreement

for the purpose of renting a residential premises for use or occupation by

another person, and

(iii) the assigns and personal representatives of a person referred to in

subparagraph (

i) or (ii).

Application of Act

(1) Notwithstanding another Act or agreement, declaration, waiver

or statement to the contrary, this Act applies where the relationship of

landlord and tenant exists in respect of residential premises.

(2) Notwithstanding

another Act or agreement, declaration, waiver or statement to the contrary,

this Act applies to residential premises, residential complexes and rental

agreements, whether made before or after this Act comes into force.

(3) The

relationship of landlord and tenant shall be considered to exist in respect of

residential premises where the tenant

(

a) uses

or occupies residential premises and

(

i) has paid or agreed to pay rent to the landlord, or

(ii) a governmental department or agency has paid

or has agreed to pay rent to the landlord;

(

b) makes

an agreement with the landlord by which the tenant is granted the right to use

or occupy residential premises in consideration of the payment of or the

promise to pay rent; or

(

c) has

used or occupied residential premises and

(

i) has paid or agreed to pay rent to the landlord, or

(ii) a governmental department or agency has paid

or agreed to pay rent to the landlord.

(4) This

Act does not apply to

(

a) living

accommodation used or occupied on a transient basis provided in a hotel, motel,

inn, tourist home, hostel or other similar accommodation;

(

b) living

accommodation used or occupied as a vacation home for a seasonal or temporary

period;

(

c) living

accommodation used or occupied by a person for penal, correctional,

rehabilitative or therapeutic purposes or for the purpose of receiving care;

(

d) living

accommodation provided to temporarily shelter persons in need;

(

e) living

accommodation provided in a hospital, nursing home or a home established to provide

personal care for the aged;

(

f) living

accommodation provided by an educational institution to its students;

(

g) living

accommodation provided on a transient basis by a religious, charitable or

non-profit organization for the purpose for which it is established;

(

h) living

accommodation provided by a co-operative housing corporation to its members or

shareholders who use or occupy the living accommodation;

(

i) living accommodation attached to residential premises used or

occupied for a business purpose where both are under a single rental agreement,

unless the person using or occupying the living accommodation is a person other

than the person using or occupying the residential premises for business

purposes;

(

j) a government department or agency that pays rent on behalf of a tenant;

(

k) an

attornment clause in a mortgage or other instrument creating a security

interest in residential premises; and

(

l) residential complexes or residential premises that are exempted

from this Act by regulation.

Crown bound

(1) The Crown is bound by this Act.

(2) Notwithstanding

subsection (1), where a residential premises is owned or administered by or for

them and rent for the residential premises is directly subsidized by the

(

a) setting

of rent based on the tenant's income;

(

b) subletting

of the residential premises;

(

c) allocation

of the residential premises based on household size; and

(

d) setting

of a security deposit under

section 14.

Appointment of

director

(1) The minister shall appoint a Director of Residential Tenancies who

shall be responsible for

(

a) the general administration of this Act;

(

b) exercising the powers and performing the

duties of the director under this Act; and

(

c) providing information to landlords, tenants

and other persons respecting rights and obligations under this Act.

(2) The minister may appoint a Deputy Director of

Residential Tenancies who shall exercise the powers and perform the duties of

the director where

(

a) the director is absent or unable to act;

(

b) the director considers it necessary to

delegate his or her authority; or

(

c) the office of the director is vacant.

Powers of

director

6. The

director may

(

a) investigate and determine a matter arising

under a rental agreement or this Act; and

(

b) assign duties, including mediation and adjudication

of disputes, to the persons the director considers appropriate.

Provision of rental agreement and information

(1) At the time a landlord and tenant

enter into a rental agreement, the landlord shall provide the tenant with a

copy of this Act and the regulations, and where requested by the landlord, the

tenant shall sign an acknowledgement of receipt.

(2) Where

a landlord and tenant enter into a written rental agreement, the landlord shall

provide the tenant with a copy of the signed rental agreement within 10 days

after it is signed, and where requested by the landlord, the tenant shall sign

an acknowledgement of receipt.

(3) Where a landlord and tenant enter into an oral

or implied rental agreement, the landlord shall provide the tenant with a

written notice containing the information prescribed in the regulations within

10 days after entering into the rental agreement, and where requested by the

landlord, the tenant shall sign an acknowledgement of receipt.

(4) Notwithstanding

the terms of a rental agreement, where a landlord has not complied with

subsection (2) or (3), the tenant's obligation to pay rent is suspended and the

landlord shall not require the tenant to pay rent until the landlord complies

with subsection (2) or (3).

(5) Where the landlord has complied with

subsection (2) or (3), the tenant shall pay all rent withheld from the landlord

under subsection (4).

(6) Rent paid by the tenant to the landlord while

the tenant's obligation to pay rent is suspended under subsection (4) may be retained

by the landlord.

(7) At

the time a landlord and tenant enter into a rental agreement, the landlord

shall provide the tenant with a written notice stating

(

a) the

landlord's name, telephone number and address where documents may be received,

delivered or served by the tenant; and

(

b) the name, telephone number and address of an

agent or other person where the landlord has an agent or another person who is responsible

for the residential premises.

(8) Where

a landlord is replaced by a new landlord, the new landlord shall immediately provide

the tenant with a written notice

(

a) containing

the information set out in paragraphs (7)(

a) and (b); and

(

b) stating

the amount of the security deposit held under

section 14 and the interest

credited under subsection 14(7) to the date when the new landlord replaced the

previous landlord.

(9) A

landlord shall immediately notify the tenant in writing of a change to the

information under paragraphs (7)(

a) or (b).

(10) Where

a landlord is a corporation registered under the Corporations Act , a notice under this

section shall include the

corporation's name as registered under that Act.

(11) The information provided by the landlord to

the tenant in this

section shall be provided without cost to the tenant.

Types of rental agreement

(1) A landlord may enter into a rental

agreement where a residential premises is rented

(

a) from week to week;

(

b) from month to month; or

(

c) for a fixed term of not less than 6 months.

(2) Where a residential premises is rented for a period that is

(

a) less

than one week, the residential premises shall be considered to be rented from

week to week;

(

b) more

than one week and less than 6 months, the residential premises shall be

considered to be rented from month to month; and

(

c) more than 12 months, the residential premises

shall be considered to be rented for a fixed term of 12 months.

(3) Where

a tenant continues to use or occupy a residential premises after a fixed term

has expired, and notice of termination of the rental agreement

(

a) has

not been given, the relationship of landlord and tenant shall continue under

terminated by giving notice in accordance with paragraph 18(1)(

b) or 18(2)(b);

(

b) has

been given, the relationship of landlord and tenant shall continue under the

period.

Landlord and tenant relationship

(1) A relationship of landlord and

tenant takes effect when the tenant is entitled to use or occupy the

residential premises whether or not the tenant actually uses or occupies it.

(2) The

doctrine of frustration of contract and the Frustrated

Contracts Act apply to a rental agreement.

(3) A

common law rule respecting the effect of the contravention of a material

covenant by a party to a contract on the obligation to perform by the other

party applies to a rental agreement.

(4) Where

a relationship of landlord and tenant exists, a covenant concerning a thing

related to the residential premises is considered to run with the land whether

or not the thing is in existence at the time the relationship commenced.

Statutory conditions

(1) Notwithstanding an agreement,

declaration, waiver or statement to the contrary, where the relationship of

landlord and tenant exists, there shall be considered to be an agreement

between the landlord and tenant that the following statutory conditions

governing the residential premises apply:

1. Obligation of the Landlord -

(

a) The

Landlord shall maintain the residential premises in a good state of repair and

fit for habitation during the tenancy and shall comply with a law respecting

health, safety or housing.

(

b) Paragraph

(

a) applies regardless of whether, when the landlord and tenant entered into

the rental agreement, the tenant had knowledge of a state of non-repair,

unfitness for habitation or contravention of a law respecting health, safety or

housing in the residential premises.

2. Obligation of the Tenant - The

tenant shall keep the residential premises clean, and shall repair damage

caused by a wilful or negligent act of the tenant or of a person whom the

tenant permits on the residential premises.

3. Assigning or Subletting Residential Premises

- The tenant may assign or sublet the residential premises subject to the written

consent of the landlord, and the landlord shall not arbitrarily or unreasonably

withhold consent and shall not levy a charge in excess of expenses actually

incurred by the landlord in relation to giving consent.

4. Mitigation on Abandonment - Where

the tenant abandons the residential premises, the landlord shall mitigate

damages that may be caused by the abandonment to the extent that a party to a

contract is required by law to mitigate damages.

5. Entry of Residential Premises -

Except in the case of an emergency, the landlord shall not enter the

residential premises without the consent of the tenant unless

(

a) notice

of termination of the rental agreement has been given and the entry is at a

reasonable time for the purpose of showing the residential premises to a

prospective tenant or purchaser and a reasonable effort has been made to give

the tenant at least 4 hours' notice;

(

b) the

entry is made at a reasonable time and written notice of the time of the entry

has been given to the tenant at least 24 hours in advance of the entry; or

(

c) the

tenant has abandoned the residential premises under

section 31.

6. Entry Doors - Except by mutual

consent, neither the landlord nor the tenant shall, during the use or occupancy

of the residential premises by the tenant, alter a lock or locking system on a

door that gives entry to the residential premises.

7. Peaceful Enjoyment and Reasonable Privacy

(

a) The

tenant shall not unreasonably interfere with the rights and reasonable privacy

of a landlord or other tenants in the residential premises, a common area or

the property of which they form a part.

(

b) The

landlord shall not unreasonably interfere with the tenant's reasonable privacy

and peaceful enjoyment of the residential premises, a common area or the

property of which they form a part.

8. Disconnection of Services - A

landlord or tenant shall not, without the written consent of the other party to

the rental agreement, disconnect or cause to be disconnected heat, water or

electric power services being provided to the residential premises.

(2) Where

a landlord and tenant enter into a written rental agreement, the statutory conditions

set out in subsection (1) shall be reproduced in the rental agreement without

variation or modification.

Rent paid in other than money

(1) Where rent is payable in part or

in whole in other than money, a landlord shall give to the tenant a written document,

signed by the landlord, specifying the payment in other than money and valuing

in money each item contained in the payment.

(2) T he written document referred to in subsection

(1) may form part of a written rental agreement.

(3) Subsection

(1) applies whether rent is payable in other than money on one or more

occasions or on a regular basis.

(4) Where

a landlord fails to value in money each item contained in the payment under

subsection (1), the director may, upon hearing an application under

section 42,

value each item contained in the payment.

(5) Where

there is no written document which provides for payment of rent in whole or in

part in other than money, the director may, upon hearing an application under

section 42, determine whether an agreement exists between the parties and may

value in money each item contained in the payment.

Future rent

(1) A landlord shall not require a

tenant to make, or accept from a tenant,

(

a) a

prepayment of the last week's or the last month's rent; or

(

b) a

single rental payment that is greater than any other regular rental payment

required under the rental agreement.

(2) Notwithstanding

subsection (1), a rental agreement may provide for the delivery of a post-dated

payment method for the payment of rent.

Rent for fixed term rental agreement

13. Where a residential premises is rented for

a fixed term, a rental agreement for the residential premises shall provide for

payment of rent by equal monthly instalments, whether or not the total amount

of rent payable for the term is stated.

Security deposit

(1) A landlord shall not demand from a tenant a

security deposit that is

(

a) more

than the amount of rent payable for the first 2 weeks where the residential

premises is rented from week to week;

(

b) more

than 3/4 of the amount of rent payable for the first month where the residential

premises is rented from month to month; or

(

c) more

than 3/4 of the amount of rent that would be payable for the first month if

rent was divided into a monthly payment where the residential premises is

rented for a fixed term.

(2) Where a landlord receives from a tenant money or other value that

is more than the amount of rent payable in respect of the residential premises,

the money or value shall be considered to be a security deposit.

(3) Where

a landlord receives a security deposit that is more than the amount permitted

under subsection (1), the tenant may deduct the overpayment from rent or may

recover the overpayment together with interest on the amount of the overpayment

at the rate prescribed in the regulations.

(4) Upon

receipt of a security deposit, the landlord shall give the tenant a written

acknowledgement of receipt stating the amount of the security deposit, the date

of receipt and the residential premises and residential complex to which it

applies.

(5) Within

2 banking days of receipt of a security deposit, the landlord shall deposit it

in an interest bearing account located in the province at a financial

institution authorized to accept deposits.

(6) Where a landlord has 3 or more residential

premises, the interest bearing account referred to in subsection (5) shall be a

trust account used exclusively for security deposits.

(7) A

landlord shall credit interest to the tenant on the full amount or value of the

security deposit, at the rate prescribed by the regulations, during the time

the security deposit is held by the landlord.

(8) A

security deposit is not an asset of the landlord but is held by the landlord in

trust and may be used, retained or disbursed only as provided in this section.

(9) Not

later than 10 days after the tenant vacates the residential premises, the

landlord shall return the security deposit to the tenant unless the landlord has

a claim for all or part of the security deposit.

(10) Where

a landlord believes he or she has a claim for all or part of the security

deposit,

(

a) the

landlord and tenant may enter into a written agreement on the disposition of

the security deposit; or

(

b) the

landlord or the tenant may apply to the director under

section 42 to determine

the disposition of the security deposit.

(11) Where

a tenant makes an application under paragraph (10)(b), the landlord has 10 days

from the date the landlord is served with a copy of the tenant's application to

make an application to the director under paragraph (10)(b).

(12) A

landlord who does not make an application in accordance with subsection

(11) shall return the security deposit to the tenant.

(13) Where a landlord does not make an application

under paragraph (10)(

b) or return the security deposit in accordance with subsection

(12), the director may, without conducting a hearing, make an order requiring

the landlord to return the security deposit to the tenant.

(14) Where

a landlord does not make an application under subsection (11), he or she is not

prohibited from making an application under

section 42 other than an

application with respect to a claim against the security deposit.

(15) For

the purpose of subsections (8) to (14), "security deposit" includes

the interest credited under subsection (7).

Fee for failure to pay rent

(1) Where a tenant does not pay rent

for a rental period within the time stated in the rental agreement, the

landlord may charge the tenant a late payment fee in an amount set by the

minister.

(2) Where

a cheque for the payment of rent is returned to a landlord by a financial

institution because of insufficient funds, the landlord may charge the tenant a

fee in the same amount as the fee charged to the landlord by the financial

institution.

Rental increase

(1) Notwithstanding

another Act, agreement, declaration, waiver or statement to the contrary, a

landlord shall not increase the amount of rent payable by a tenant,

(

a) where

the residential premises is rented from week to week or month to month, more

than once in a 12 month period;

(

b) where the residential premises is rented for a fixed term, during the term

of the rental agreement; or

(

c) where

a tenant continues to use or occupy the residential premises after a fixed term

has expired, more than once in a 12 month period.

(2) Notwithstanding subsection (1), a landlord

shall not increase the amount of rent payable by a tenant during the 12 month

period immediately following the commencement of the rental agreement.

(3) Where

a landlord increases the amount of rent payable by a tenant, the increase shall

be effective on the first day of a rental period, and the landlord shall give

the tenant written notice of the increase

(

a) not

less than 8 weeks before the effective date of the increase where the

residential premises is rented from week to week; and

(

b) not

less than 6 months before the effective date of the increase where the

residential premises is rented from month to month or for a fixed term.

(4) In

addition to the requirements under

section 34, a notice under subsection (3)

shall

(

a) b e signed by the landlord;

(

b) state

the effective date of the increase;

(

c) state

the amount of the increase;

(

d) state

the amount of rent payable when the increase becomes effective; and

(

e) be served in accordance with

section 35.

(5) Where a landlord discontinues a service,

privilege, accommodation or benefit or a service, privilege, accommodation or benefit

is unavailable for a period of time, and the discontinuance or unavailability

results in a reduction of the tenant's use and enjoyment of the residential

premises, the value of the discontinued service, privilege, accommodation or

benefit is considered to be an increase in the amount of rent payable.

(6) The director may, upon hearing an application

under

section 42, value a service, privilege, accommodation or benefit

discontinued or unavailable for a time under subsection (5).

(7) Notwithstanding subsection (1), where the

landlord and tenant agree in writing, a landlord may increase the amount of

rent payable by a tenant for the residential premises without notice under

subsection (3) where the increase is due to the provision of a service,

facility, privilege or benefit, including a parking space, that was not

previously provided under the rental agreement.

Record of tenant's

payments

(1) A landlord shall maintain a complete and up-to-date record of

(

a) rent and other money received from a tenant;

and

(

b) the receipt and disbursement of a security

deposit and interest under

section 14.

(2) A record required under subsection (1) shall

identify the tenant and residential premises to which the money relates.

(3) Upon the request of a tenant, a landlord shall

provide a tenant with a receipt for rent or other money paid to the landlord in

relation to the residential premises.

Notice of termination

of rental agreement

(1) A

tenant shall give the landlord notice that the rental agreement is terminated

and the tenant intends to vacate the residential premises

(

a) not less than 7 days before the end of a

rental period where the residential premises is rented from week to week;

(

b) not less than one month before the end of a

rental period where the residential premises is rented from month to month; and

(

c) not less than 2 months before the end of the term

where the residential premises is rented for a fixed term.

(2) A landlord shall give the tenant notice that

the rental agreement is terminated and the tenant is required to vacate the

residential premises

(

a) not less than 4 weeks before the end of a

rental period where the residential premises is rented from week to week;

(

b) not less than 3 months before the end of a

rental period where the residential premises is rented from month to month; and

(

c) not less than 3 months before the end of the term

where the residential premises is rented for a fixed term.

(3) Notwithstanding subsections (1) and (2), where

the residential premises is a site for a mobile home

(

a) a tenant shall give the landlord notice that

the rental agreement is terminated and the tenant intends to vacate the residential

premises not less than one month before the end of a rental period; and

(

b) a landlord shall give the tenant notice that

the rental agreement is terminated and the tenant is required to vacate the

residential premises not less than 6 months before the end of a rental period.

(4) Notwithstanding paragraph (3)(b), the

director may, upon hearing an application by the tenant under

section 42,

determine that a 6 month notice period would result in undue hardship for the

tenant, and may make an order extending the notice period.

(5) Notwithstanding subsections (1) to (3), a

notice of termination is not required to be given where a landlord and a tenant

agree in writing to terminate the rental agreement on a specific date.

(6) Notwithstanding subsections (1) to (3), a

landlord and tenant may agree in writing to a longer notice period.

(7) Where a landlord gives a tenant notice that

the rental agreement is terminated under subsection (2) or paragraph (3)(b),

the applicable notice period in subsection (1) or paragraph (3)(

a) continues to

apply in respect of the tenant.

(8) Notwithstanding that the notice period

required under subsection (1) is longer than one month, a tenant and any other

tenants in the same residential premises may terminate a rental agreement by giving

one month's notice to the landlord under the following circumstances:

(

a) the tenant's income is reduced as a result of

ill health and the notice to the landlord is accompanied by evidence of the

tenant's reduction in income;

(

b) the income of a person who has been providing

financial assistance towards the payment of the tenant's rent is no longer able

to provide financial assistance due to ill health and the notice to the

landlord is accompanied by evidence of the ill health of the person who has

been providing financial assistance;

(

c) the tenant is required to reside with a family

member because of the ill health of the family member and the notice to the

landlord is accompanied by evidence of the ill health of the family member;

(

d) the tenant is admitted permanently into a home

that provides personal care for the aged and the notice to the landlord is

accompanied by evidence of the tenant's admission into the home; or

(

e) the tenant dies and the notice to the landlord

is accompanied by evidence of the tenant's death.

(9) In addition to the requirements under

section

34, a notice under this

section shall

(

a) be signed by the person providing the notice;

(

b) be given not later than the first day of a

rental period;

(

c) state the date, which shall be the last day of

a rental period, on which the rental agreement terminates and the tenant intends

to vacate the residential premises or the date by which the tenant is required

to vacate the residential premises; and

(

d) be served in accordance with

section 35.

Notice where

failure to pay rent

(1) Notwithstanding

subsection 18(2) and paragraph 18(3)(b),

(

a) where the residential premises is rented from

week to week and the amount of rent payable by a tenant is overdue for 3 days

or more, the landlord may give the tenant notice that the rental agreement is

terminated and that the tenant is required to vacate the residential premises

on a specified date not less than 3 days after the notice is served on the

tenant; and

(

b) where the residential premises is

(

i) rented from month to month,

(ii) rented for a fixed term, or

(iii) a site for a mobile home, and

the amount of rent payable by a tenant is

overdue for 5 days or more, the landlord may give the tenant notice that the

rental agreement is terminated and that the tenant is required to vacate the

residential premises on a specified date not less than 10 days after the notice

is served on the tenant.

(2) Notwithstanding subsection (1), where the

tenant pays the full amount of the overdue rent, including a fee under

section

15, before the date specified in the notice under paragraph (1)(

a) or (b), the

rental agreement is not terminated and the tenant is not required to vacate the

residential premises.

(3) Subsection (2) does not apply where notice is

given to a tenant under paragraph (1)(

a) or (

b) more than twice in a 12 month

period.

(4) In addition to the requirements under

section

34, a notice under this

section shall

(

a) be signed by the landlord;

(

b) state the date on which the rental agreement

terminates and the tenant is required to vacate the residential premises; and

(

c) be served in accordance with

section 35.

Notice where material

term of agreement contravened

(1) Notwithstanding

subsection 18(1) and paragraph 18(3)(a), where a landlord contravenes a material

term of a rental agreement, the tenant may give the landlord written notice of

the contravention, and if the landlord fails to remedy the contravention within

a reasonable time after the notice has been served, the tenant may give the

landlord notice that the rental agreement is terminated and the tenant intends

to vacate the residential premises.

(2) Notwithstanding subsection 18(2) and paragraph

18(3)(b), where a tenant contravenes a material term of a rental agreement, the

landlord may give the tenant written notice of the contravention, and if the

tenant fails to remedy the contravention within a reasonable time after the notice

has been served, the landlord may give the tenant notice that the rental

agreement is terminated and the tenant is required to vacate the residential

premises.

(3) Where the tenant gives a landlord notice under

subsection (1) or the landlord gives a tenant notice under subsection (2) that

a rental agreement is terminated, the notice shall be given

(

a) not less than 7 days before the end of a

rental period where the residential premises is rented from week to week; and

(

b) not less than one month before the end of a

rental period where the residential premises is

(

i) rented from month to month,

(ii) rented for a fixed term, or

(iii) a site for a mobile home.

(4) In addition to the requirements under

section

34, a notice under this

section shall

(

a) be signed by the person providing the notice;

(

b) be given not later than the first day of a

rental period;

(

c) state the date, which shall be the last day of

a rental period, on which the rental agreement terminates and the tenant intends

to vacate the residential premises or the date by which the tenant is required

to vacate the residential premises; and

(

d) be served in accordance with

section 35.

Notice where premises

uninhabitable

(1) Notwithstanding

subsection 18(1) and paragraph 18(3)(a), where a landlord contravenes statutory

condition 1 set out in subsection 10(1), the tenant may give the landlord

notice that the rental agreement is terminated and the tenant intends to vacate

the residential premises effective immediately.

(2) Notwithstanding subsection 18(2) and paragraph

18(3)(b), where an action of, or a failure to act by, a tenant makes a residential

premises unfit for habitation, the landlord may give the tenant notice that the

rental agreement is terminated and that the tenant is required to vacate the residential

premises effective immediately.

(3) In addition to the requirements under

section

34, a notice under this

section shall

(

a) be signed by the person providing the notice;

(

b) state the date on which the rental agreement

terminates and the tenant intends to vacate the residential premises or the

date by which the tenant is required to vacate the residential premises; and

(

c) be served in accordance with

section 35.

Notice where tenant's

obligation not met

(1) Notwithstanding subsection 18(2) and

paragraph 18(3)(b), where a tenant contravenes statutory condition 2 set out in

subsection 10(1), the landlord may give the tenant notice requiring the tenant

to comply with the condition.

(2) Where a tenant contravenes statutory condition

2 set out in subsection 10(1) within 3 days after the notice under subsection

(1) has been served or within a reasonable time, the landlord may give the tenant

notice that the rental agreement is terminated and the tenant is required to

vacate the residential premises on a specified date not less than 5 days after

the notice has been served.

(3) In addition to the requirements under

section

34, a notice under this

section shall

(

a) be signed by the landlord;

(

b) state the date on which the rental agreement

terminates and the tenant is required to vacate the residential premises; and

(

c) be served in accordance with

section 35.

Notice where landlord

contravenes peaceful enjoyment and reasonable privacy

23. ( 1) Notwithstanding subsection 18(1) and paragraph 18(3)(a),

where a landlord contravenes statutory condition 7(

b) set out in subsection 10(1),

the tenant may give the landlord notice that the rental agreement is terminated

and the tenant intends to vacate the residential premises on a specified date

not less than 5 days, but not more than 14 days, after the notice has been

served.

(2) In addition to the requirements under

section

34, a notice under this

section shall

(

a) be signed by the tenant;

(

b) state the date on which the rental agreement

terminates and the tenant intends to vacate the residential premises; and

(

c) be served in accordance with

section 35.

Notice where

tenant contravenes peaceful enjoyment and reasonable privacy

(1) Notwithstanding subsection 18(2) and paragraph 18(3)(b),

where a tenant contravenes statutory condition 7(

a) set out in subsection 10(1),

the landlord may give the tenant notice that the rental agreement is terminated

and the tenant is required to vacate the residential premises on a specified

date not less than 5 days after the notice has been served.

(2) In addition to the requirements under

section

34, a notice under this

section shall

(

a) be signed by the landlord;

(

b) state the date on which the rental agreement

terminates and the tenant is required to vacate the residential premises; and

(

c) be served in accordance with

section 35.

Application for

certificate

(1) Where

(

a) a tenant believes that because of family

violence his or her own safety or the safety of a child residing with the

tenant is at risk if he or she continues to reside in the residential premises;

and

(

b) the residential premises is rented from month

to month or for a fixed term,

the tenant or a

person on behalf of the tenant, with the tenant's consent, may apply to the

director for a certificate confirming

that there are grounds for the tenant to terminate the rental agreement.

(2) An application under subsection (1) shall

(

a) be submitted to the director in the form and

manner determined by the director; and

(

b) include the information the director considers

reasonably necessary.

(3) The director may issue a certificate

confirming that there are grounds for the tenant to terminate the rental

agreement where

(

a) the applicant provides to the director

(

i) a copy of an emergency protection order

granted under the Family Violence

Protection Act , a restraining order, a peace bond or other court order that

is in place to prevent a person who is alleged to have committed family

violence against the tenant or a child residing with the tenant from contacting

or communicating with the tenant or a child residing with the tenant, or

(ii) a statement from a person prescribed in the

regulations, acting in his or her professional capacity, indicating his or her

opinion that the tenant or a child residing with the tenant has been the

subject of family violence; and

(

b) the director is satisfied that there is a risk

to the safety of the tenant or a child residing with the tenant if the tenant

continues to reside in the residential premises.

(4) Within 5 business days of receiving an

application under subsection (1) the director shall

(

a) issue a certificate under subsection (3); or

(

b) refuse to issue a certificate under subsection

(3) and advise the applicant of the refusal.

(5) A person who provides a statement in

accordance with subparagraph (3)(a)(ii) shall not be compelled in a court or

other proceeding, including a proceeding before the director, to

(

a) give evidence;

(

b) produce a document; or

(

c) provide information.

(6) An action or proceeding does not lie against a

person who provides a statement under subparagraph (3)(a)(ii) in good faith.

(7) A decision by the director to issue or refuse

to issue a certificate under this

section is final and not subject to review or

appeal.

(8) Notwithstanding subsection (7), a tenant who

is refused a certificate under this

section may reapply for a certificate where

there is a change in circumstances.

Notice where

tenant is victim of family violence

(1) Where

a tenant is issued a certificate by the director under subsection 25(3), the

tenant may terminate a rental agreement by giving at least 30 days' notice to

the landlord.

(2) In addition to the requirements under

section

34, a notice under this

section shall

(

a) be signed by the tenant;

(

b) include a copy of the certificate issued by

the director under subsection 25(3);

(

c) state the date on which the rental agreement

terminates and the tenant intends to vacate the residential premises;

(

d) be provided not later than 90 days after the

date on which the certificate under subsection 25(3) is issued; and

(

e) be served in accordance with

section 35.

(3) Where a notice to terminate a rental agreement

is provided under this section, the tenant is responsible for the payment of

rent only until the end of the notice period referred to in subsection (1).

(4) Where a rental agreement is terminated under

this section, the rental agreement is terminated for all tenants under the same

rental agreement and the landlord shall notify the other tenants that the

rental agreement is being terminated.

(5) Nothing in subsection (4) prohibits the other

tenants and the landlord from entering into a new rental agreement.

Confidentiality

27. A

landlord shall ensure that any information received in connection with a notice

or certificate provided under

section 26 is kept confidential unless the

landlord is required to disclose that information

(

a) under this Act or any other Act or regulations;

(

b) for the purpose of complying with a subpoena,

warrant or order issued or made by a court, person or body with jurisdiction to

compel the production of information.

Group termination

(1) This

section applies to

(

a) a residential complex that is not a mobile

home park and has more than 9 residential premises; and

(

b) a residential complex that is a mobile home

park and has more than 5 residential premises.

(2) A landlord shall not, within a 3 month period,

give a notice of termination or refuse to renew rental agreements relating to

50 percent or more of the residential premises in a residential complex.

(3) Notwithstanding subsection (2), the landlord

may give a notice of termination or refuse to renew rental agreements relating

to 50 percent or more of the residential premises in a residential complex

where the landlord

(

a) requires possession of the residential

premises to

(

i) demolish the residential premises,

(ii) change the use of the residential premises to

a use other than a residential premises, or

(iii) make repairs or renovations to the residential

premises so extensive that the residential premises is required to be vacant;

and

(

b) has obtained a permit or the authority

required for the purpose for which possession is required under paragraph (a).

(4) Notwithstanding subsection 18(2) and paragraph

18(3)(b), a landlord shall give a tenant 6 months' notice of the termination of

a rental agreement under this section.

(5) Notwithstanding subsection (2), a landlord

may, within a 3 month period, give a notice of termination or refuse to renew

rental agreements relating to 50 percent or more of the residential premises in

a residential complex where subsections 19(1), 20(2), 22(2) or 24(1) apply.

(6) Where a landlord gives a tenant notice to

terminate the rental agreement or refuses to renew the rental agreement under

subsection (3), the tenant may terminate the rental agreement earlier by giving

not less than 10 days' notice.

(7) Where a tenant terminates a rental agreement

under subsection (6), the tenant is required to pay rent only up to the date he

or she vacates the residential premises.

(8) In addition to the requirements under

section

34, a notice under this

section shall

(

a) be signed by the person providing the notice;

(

b) state the date on which the rental agreement

terminates and the tenant is required to vacate the residential premises or the

date by which the tenant intends to vacate the residential premises; and

(

c) be served in accordance with

section 35.

(9) Notwithstanding subsection (4), the director

may, upon hearing an application under

section 42, determine that a 6 month

notice period would result in undue hardship for the landlord or the tenant and

may make an order extending or reducing that notice period.

(10) Where a rental agreement is terminated under

this

section and the landlord does not

(

a) demolish the residential premises;

(

b) change the use of the residential premises to

a use other than a residential premises; or

(

c) make repairs or renovations to the residential

premises so extensive that the residential premises is required to be vacant,

and

the landlord and a tenant enter into a rental

agreement in relation to the residential premises, the landlord shall continue

to charge the same rent as at the time of termination.

(11) Where

(

a) a tenant resides in a residential premises for

a period of 5 consecutive years or more; and

(

b) the landlord converts the residential premises

into a condominium unit and receives an acceptable offer to purchase the

condominium unit,

the landlord shall provide the tenant with

a right of first refusal to purchase the condominium unit at the price and

landlord.

(12) Subsection (11) does not apply where the offer

to purchase is an offer to purchase more than one unit.

(13) The landlord shall give the tenant referred to

in subsection (11) not less than 72 hours' notice of the offer to purchase the

unit before accepting the offer.

Termination for

invalid purpose

(1) A

landlord shall not

(

a) terminate or give notice to terminate a rental

agreement; or

(

b) directly or indirectly coerce, threaten,

intimidate or harass a tenant or a member of a tenant's family,

in retaliation for, or for the purpose of

deterring the tenant from, making or intervening in a complaint or application in

relation to a residential premises.

(2) Where a tenant who is served with a notice of

termination of a rental agreement believes that the landlord has contravened

subsection (1), he or she may, not later than one month after receiving the notice,

apply to the director under

section 42 for an order declaring that the rental

agreement is not terminated.

Entry by public

(1) A landlord shall not restrict reasonable access by a member

of the public to a residential premises for a reasonable purpose.

(2) A landlord shall not restrict reasonable

access to a residential premises for the purpose of canvassing or distributing

election material by a candidate for election to the House of Commons, the

House of Assembly, a municipal government, a school board, or a similar government

or board, or a candidate's representative.

Abandonment of

residential premises by tenant

(1) Where a tenant has abandoned the residential premises, the

landlord may enter and take possession of the residential premises.

(2) A tenant is considered to have abandoned a

residential premises where

(

a) the tenant has vacated the residential

premises;

(

b) the rental agreement is not terminated in

accordance with this Act or the rental agreement; and

(

c) rent is overdue.

(3) Before entering a residential premises for the

purpose of taking possession under subsection (1), the landlord shall, not less

than 24 hours before entering, post a notice in a conspicuous place on the residential

premises stating

(

a) the landlord's belief that the tenant has

abandoned the residential premises;

(

b) the landlord's intention to enter the

residential premises for the purpose of taking possession unless the tenant

notifies the landlord, before the time set out in the notice, that the tenant

has not abandoned the residential premises; and

(

c) the day and hour when the landlord will enter

the residential premises.

(4) Where the tenant notifies the landlord under

paragraph (3)(

b) that the residential premises have not been abandoned, the landlord

shall not enter the residential premises.

Abandoned personal

property

(1) Where a tenant abandons or vacates a residential premises

and leaves personal property on the residential premises, the landlord shall either

(

a) remove the personal property and immediately

place it in safe storage; or

(

b) store the personal property on the residential

premises in a safe manner.

(2) The personal property stored under subsection

(1) shall be stored for not less than 30 days unless the tenant takes possession

of the personal property before the 30 days have elapsed.

(3) A landlord who stores a tenant's personal

property under subsection (1) shall, at the earliest reasonable opportunity,

(

a) provide the director with an inventory of the

property; and

(

b) provide the tenant with a copy of the inventory,

if the landlord can locate the tenant.

(4) The director may, on application by the

landlord under

section 42, authorize the landlord to dispose of personal

property referred to in subsection (1) where the director believes on

reasonable grounds that

(

a) the personal property has no monetary value;

(

b) the cost of removing, storing or selling the

personal property would be more than the proceeds of the sale; or

(

c) the storage of the personal property would be

unsanitary or unsafe.

(5) This

section does not apply where a landlord

and a tenant have made an agreement in writing with respect to the storage of

the tenant's personal property.

(6) The tenant or owner of the personal property may,

within the 30 day period referred to in subsection (2), claim and take possession

of the personal property by paying the landlord the costs reasonably incurred

by the landlord to remove and store the property.

(7) Where a landlord stores personal property on

the residential premises in accordance with subsection (1), the storage costs

referenced in subsection (6) shall be the lesser of the standard rate charged

by public storage facilities or the rental rate of the residential premises.

(8) Where a tenant or owner takes possession of

personal property within the 30 day period, the landlord shall notify the director

at the earliest reasonable opportunity.

(9) Where a tenant or owner does not take possession

of personal property within the 30 day period, the landlord may sell the personal

(10) Where personal property is sold under

subsection (9), the landlord

(

a) may keep from the proceeds of the sale, the

amount

(

i) of the costs reasonably incurred by the

landlord for the removal, storage and sale of the personal property, and

(ii) necessary to satisfy an order made by the

director for compensation payable to the landlord by the tenant; and

(

b) shall, at the earliest reasonable opportunity,

deliver to the director

(

i) the proceeds of the sale, less the amount kept

under paragraph (a), and

(ii) a written statement of account regarding the

sale and distribution of the proceeds.

(11) The director shall hold the proceeds delivered

by the landlord under subparagraph (10)(b)(

i) in trust for the tenant or owner

of the personal property in an interest bearing trust account in a financial

institution located in the province authorized to accept deposits.

(12) Where proceeds held in trust by the director

are not claimed under subsection (11) within one year after the sale, the

director shall remit the proceeds, together with interest earned, to the

Consolidated Revenue Fund.

(13) Where a tenant or a person claims to be the

owner of personal property sold under subsection (9), the director under

subsection (11) or the Minister of Finance under subsection (12) shall, upon

satisfactory proof of the claim, pay the proceeds to that tenant or person.

Seizure of

property

33. A

landlord shall not take a tenant's personal property to compensate for a

contravention of an obligation by the tenant, including a failure to pay rent.

Requirements for

notices

34. A

notice under this Act shall

(

a) be in writing in the form prescribed by the

minister;

(

b) contain the name and address of the recipient;

(

c) identify the residential premises for which

the notice is given; and

(

d) state the

section of this Act under which the

notice is given.

Service of documents

(1) A

notice or other document under this Act other than an application under

section

42 shall be served by a tenant on a landlord by

(

a) giving it personally to the landlord;

(

b) giving it to a person 16 years of age or older

who apparently lives with the landlord;

(

c) posting

it in a conspicuous place on the landlord's premises;

(

d) placing it in the landlord's mailbox or under

a door in the landlord's premises;

(

e) sending it to the landlord by prepaid

registered mail or prepaid express post at an address

(

i) where rent is payable,

(ii) provided under subsection 7(7) or (8), or

(iii) where the landlord carries on business;

(

f) sending it electronically where

(

i) it is provided in the same or substantially

the same form as the written notice or document,

(ii) the landlord has provided an electronic

address to receive documents, and

(iii) it is sent to that electronic address; or

(

g) sending it to the landlord by courier service

at an address set out in paragraph (e).

(2) A notice or other document under this Act

other than an application under

section 42 shall be served by a landlord on a

tenant by

(

a) giving it personally to the tenant;

(

b) giving it to a person 16 years of age or older

who apparently lives with the tenant;

(

c) posting it in a conspicuous place on the

tenant's residential premises;

(

d) placing it in the tenant's mailbox or under a

door in the tenant's residential premises;

(

e) sending it to the tenant by prepaid registered

mail or prepaid express post at an address

(

i) provided by the tenant, or

(ii) where the tenant carries on business;

(

f) sending it electronically where

(

i) it is provided in the same or substantially

the same form as the written notice or document,

(ii) the tenant has provided an electronic address

for receipt of documents, and

(iii) it is sent to that electronic address; or

(

g) sending it to the tenant by courier service at

an address set out in paragraph (e).

(3) Where the landlord is a company, a notice

under subsection (1) may be served by giving it personally to a director,

manager or other officer of that company or by leaving it at, or sending it to

the registered office of that company by a method set out in paragraph (1)(e),

(

f) or (g).

(4) Notwithstanding subsections (1) and (2), a

tenant or landlord may apply to the director and the director may issue an

order authorizing another method of service where, after making reasonable efforts,

(

a) a tenant has been unable to serve a landlord

under subsection (1); or

(

b) a landlord has been unable to serve a tenant

under subsection (2).

(5) For the purpose of this section, where a

notice or document is sent by registered mail or express post, it shall be

considered to have been served on the fifth day after mailing, and the service

may be proved by providing evidence that the notice or document was prepaid and

properly addressed and sent.

(6) For the purpose of this section, where a notice

or document is sent electronically, it shall be considered to have been served

on the day it is sent, if the document is sent by 4 p.m., or the next day that

is not a Saturday or holiday, if the document is sent after 4 p.m.

Inspectors

(1) The minister may designate persons or classes of persons to act as inspectors

for the purpose of this Act and the regulations.

(2) The director is an inspector for the purpose

of this Act and the regulations.

(3) A person shall not knowingly make a false or misleading

statement, either orally or in writing, to an inspector while he or she is exercising

powers or carrying out duties or functions under this Act or the regulations.

Powers of inspectors

(1) An inspector may, at all reasonable times, for a purpose related to the

administration or enforcement of this Act or the regulations, inspect or

examine the premises, processes, books and records of a person that the

inspector may consider relevant for the purpose of determining compliance with

this Act or the regulations, and the inspector may, without a warrant,

(

a) enter any premises

(

i) which is a residential premises,

(ii) where any property, books or records are or

may be kept, or

(iii) where anything is done or is suspected by the

inspector of being done in connection with a requirement of this Act or the

regulations;

(

b) make copies, extracts, photographs or videos

the inspector considers necessary;

(

c) require the owner or person in charge of a premises

to give the inspector all reasonable assistance, including the production of

books and records as requested by the inspector, and to answer all proper

questions relating to the administration or enforcement of this Act or the

regulations and, for that purpose, require the owner or person in charge to

attend at the premises with the inspector; and

(

d) require the owner or person in charge to make

available the means to generate and manipulate books and records that are in

machine readable or electronic form and any other means or information necessary

for the inspector to assess the books and records.

(2) Notwithstanding

subsection (1), an inspector shall not enter any room or place being used as a

living accommodation without the consent of the occupant except under the

authority of a warrant issued under

section 39 or 40.

Order of

inspector

38. Where

an inspector finds that a person is not in compliance with a provision of this

Act or the regulations, the inspector may order that person to comply with the

provision and may require the order to be carried out immediately or within the

period of time that the inspector specifies.

Contravention of

Act suspected

(1) Where

during the course of an inspection under

section 37 or otherwise where an

inspector believes on reasonable grounds that there has been a contravention of

this Act or the regulations, the inspector may, with a warrant issued under

subsection (2) or

section 40, seize and take away any of the books or records

that may be required as evidence of a contravention and may retain those documents

until the time they are required in a court proceeding.

(2) A Provincial Court judge who is satisfied upon

oath or affirmation there are reasonable grounds for believing there is in or

on a premises anything that may provide evidence with respect to a suspected

offence under this Act or the regulations, may issue a warrant authorizing an

inspector to enter the premises and to

(

a) search;

(

b) examine the contents of the premises and make

those inquiries that the inspector considers necessary; and

(

c) copy, extract, photograph, video, seize and

take away evidence, books and records,

for the purpose of investigating the

suspected offence.

(3) The owner or person in charge of a premises

referred to in this

section or a person there shall not obstruct an inspector

in the carrying out of his or her duties under this

section as authorized by

the warrant.

Telewarrant

(1) Where,

in the opinion of an inspector it would not be practical to appear before a Provincial

Court judge to apply for a warrant, the inspector may make the application by

telephone or other means of telecommunication.

(2) Where an inspector acts under the authority of

a warrant obtained under this section, the inspector shall provide a facsimile

of the warrant to the owner or person in charge of a premises present at the

time the warrant is carried out.

(3) In subsection (2), "facsimile"

includes a record produced by electronic means or a written record of a

telephone conversation made by both parties to the conversation while it is in

progress and which the parties have confirmed as to its accuracy by reading

their record of the conversation to one another at the end of the conversation.

Protection from

liability

41. The director, deputy director, an inspector or

a person acting on behalf of the director or deputy director, shall not be

liable for anything done in good faith in the exercise or performance of a

power, duty or function conferred or imposed on him or her under this Act.

Application to

director

(1) A landlord or tenant may, within one year

after termination of the rental agreement, apply to the director to determine

(

a) a question arising under this Act or the

regulations;

(

b) whether a provision of a rental agreement has

been contravened; or

(

c) whether a provision of this Act or the

regulations has been contravened.

(2) An application under subsection (1) shall be

submitted to the director in the form and with the fee set by the minister.

(3) The applicant shall serve the application

submitted to the director under subsection (2) by

(

a) giving it personally to the other party;

(

b) sending it to the other party by prepaid registered

mail or prepaid express post at an address provided by the other party;

(

c) sending it electronically where

(

i) it is provided in the same or substantially

the same form as the written notice or document,

(ii) the other party has provided an electronic

address for receipt of documents, and

(iii) it is sent to that electronic address; or

(

d) sending it to the other party by courier

service at an address provided by the other party.

(4) Where the other party is a company, a copy of

the application may be served by giving it personally to a director, manager or

other officer of that company or by leaving it at, or sending it to the

registered office of that company by a method set out in paragraphs (3)(

b) to

(d).

(5) Notwithstanding subsection (3), an applicant

may apply to the director and the director may issue an order authorizing

another method of service where, after making reasonable efforts, the applicant

has been unable to serve the other party under subsection (3).

(6) For the purpose of this section, where a copy

of the application is sent by registered mail or express post, it shall be

considered to have been served on the fifth day after mailing, and the service

may be proved by providing evidence that the copy of the application was prepaid

and properly addressed and sent.

(7) For the purpose of this section, where a copy

of the application is sent electronically, it shall be considered to have been

served on the day it is sent, if the document is sent before 4 p.m., or the next

day that is not a Saturday or holiday, if the copy of the application is sent

after 4 p.m.

(8) Where an application is submitted to the

director under subsection (2), the director shall, where that application is

not withdrawn by the applicant under

section 44,

(

a) refuse to accept the application under

section

43;

(

b) dismiss the application under

section 43;

(

c) attempt to mediate a settlement of the matter

in the application under

section 45;

(

d) require a hearing of the application to be

conducted in accordance with

section 46; or

(

e) issue an order without a hearing under

section

(9) Where the date, time or place of the hearing

of the application under this

section is changed, the director shall notify the

landlord and tenant of the change by a method set out in subsection (3).

(10) Notwithstanding subsection (9), where the

matter involves more than 50 tenants who live in the same residential complex,

the notice that the date, time or place of the hearing of the application under

this

section is changed may be placed in the mailbox of each tenant and posted

in a conspicuous place in the residential premises.

Refusal or dismissal

of application

43. The

director may refuse to accept an application under

section 42 or may dismiss an

application at any time where, in the director's opinion, the matter is

trivial, frivolous, vexatious or has not been initiated in good faith, and may

issue an order to that effect.

Withdrawal of

application

44. An

applicant may, in writing, withdraw an application submitted under

section 42

before an order is issued.

Mediation

(1) The director shall review an application submitted under

section 42 and where the application is not refused or dismissed under

section 43,

may attempt to mediate a settlement of a matter where the director is of the

opinion that the matter may be settled by mediation.

(2) A settlement of a matter under subsection (1)

(

a) shall be in writing and signed by the parties;

and

(

b) is not subject to appeal to a court.

(3) Where the parties mediate a settlement of a

matter under subsection (1) and one or more of the parties does not comply with

the settlement, the director may, without holding a hearing, issue an order under

subsection 47(1).

(4) The director may immediately order that a

hearing be held to determine the matter where, in the director's opinion, the

parties are unlikely to settle the matter by mediation within 14 days after

mediation begins.

Hearing

(1) The director may require a hearing of an application under this

Act to be conducted

(

a) orally, including by telephone, teleconference

or other electronic means which enables the parties to participate in the

hearing instantaneously and simultaneously;

(

b) in writing; or

(

c) partly orally and partly in writing.

(2) The director may

(

a) prescribe rules of procedure and evidence for

a hearing;

(

b) order the type and nature of information to be

provided by a person to the director before or during a hearing; and

(

c) receive or accept evidence and information on

oath, affirmation, affidavit or otherwise, whether or not that evidence or

information is admissible as evidence in a court.

(3) A person shall provide information as ordered

by the director under paragraph (2)(b).

(4) For the purpose of a hearing,

(

a) the director and a person authorized by the

director have the powers, privileges and immunities that are or may be conferred

on a commission under the Public

Inquiries Act, 2006 ;

(

b) the director and a person authorized by the

director are considered to be an investigating body for the purpose of the Public Investigations Evidence Act ;

(

c) the director and a person authorized by the

director shall have full right to examine and cross-examine a witness and to

bring forward evidence in response and reply; and

(d) subsection 8(1) of the Public Inquiries Act, 2006 shall apply to a witness.

(5) A person is not required to appear as a

witness unless the person is paid or is offered the witness fee set by the

minister.

Order of director

(1) After hearing an application the director may make an order

(

a) determining the rights and obligations of a

landlord and tenant;

(

b) directing the payment or repayment of money

from a landlord to a tenant or from a tenant to a landlord;

(

c) requiring a landlord or tenant who has

contravened an obligation of a rental agreement to comply with or perform the

obligation;

(

d) requiring a landlord to compensate a tenant or

a tenant to compensate a landlord for loss suffered or expense incurred as a

result of a contravention of this Act or the rental agreement;

(

e) directing a tenant to vacate the residential

premises on a specified date;

(

f) directing a landlord to deliver to a tenant possession

of personal property taken in contravention of this Act or the rental agreement

or to compensate a tenant for the value of the personal property taken;

(

g) directing a tenant to deliver to a landlord possession

of personal property taken in contravention of this Act or the rental agreement

or to compensate a landlord for the value of the personal property taken;

(

h) directing a landlord to pay to a tenant an

amount as compensation for inconvenience as a result of a contravention of this

Act or the rental agreement, and authorizing the tenant to offset that amount

against future rent;

(

i) authorizing a tenant to offset, in the manner

specified in the order, money a landlord owes to the tenant against money the

tenant owes to the landlord;

(

j) authorizing

a landlord to offset, in the manner specified in the order, money a tenant owes

to the landlord against money the landlord owes to the tenant, other than a

security deposit where the landlord has not made an application under subsection

14(10);

(

k) directing a tenant to pay rent or a specified

amount of rent to the director;

(

l) determining the validity of a notice to

terminate a rental agreement;

(

m) determining the disposition of a security

deposit;

(

n) extending the notice period under subsection 18(4);

(

o) extending or reducing the notice period under

subsection 28(9);

this Act and the rental agreement; and

(

q) requiring an unsuccessful party to an

application to pay costs to a successful party to an application.

(2) Where

(

a) a party named in an order issued under

subsection (1) was served with the order; and

(

b) that party has not complied with the order

(

i) by the date specified in the order, or

(ii) within a reasonable time where there is no date

specified in the order,

the director may issue a certified order

at the request of a party named in the order.

(3) An order certified under subsection (2) may be

enforced as, or in the same manner as, a judgment of the Supreme Court of Newfoundland

and Labrador.

(4) Where an order certified under subsection

(2) requires the payment of an amount of money that is within the jurisdiction of

the Provincial Court

under the Small Claims Act , that certified

order shall be entered and enforced as a judgment or order of the Provincial Court by

filing it with that court.

(5) An order under paragraphs (1)(e), (

f) and (

g) that is certified under subsection (2) shall be sent to the sheriff for

enforcement.

(6) The director is not prohibited from conducting

a hearing and making an order by reason of having attempted to mediate the matter

under

section 45.

Order without

hearing

48. Notwithstanding

subsection 42(3), the director may, without service on or notice to the other

party, without attempting to mediate the matter and without holding a hearing,

make an order under subsection 47(1) where

(

a) the matter is urgent and involves the safety or

security of a landlord or a tenant;

(

b) the tenant or a person permitted on the

residential premises by the tenant has put the landlord's property at

significant risk; or

(

c) the landlord does not make an application in

accordance with subsection 14(10) and does not return the security deposit to

the tenant in accordance with subsection 14(12).

Copy of order

(1) The

director shall provide the landlord and tenant with a copy of an order by

(

a) giving it personally to the landlord or tenant;

(

b) sending it by prepaid registered mail or

prepaid express post at an address provided by the landlord or tenant;

(

c) sending it electronically where

(

i) it is provided in the same or substantially

the same form as the written order,

(ii) the landlord or tenant has provided an

electronic address for receipt of documents, and

(iii) it is sent to that electronic address;

(

d) sending it by courier service at an address provided

by the landlord or tenant; or

(

e) another method determined by the director.

(2) The director may, for the purpose of

notification under this section, use the address of a landlord provided under

subsections 7(7) or (8).

(3) Where the landlord is a company, a copy of the

order may be provided by giving it personally to a director, manager or other

officer of that company or by leaving it at, or sending it to the registered

office of that company by a method set out in paragraphs (1)(

b) to (e).

(4) For the purpose of this section, where a copy

of the order is sent by registered mail or express post, it shall be considered

to have been provided on the fifth day after mailing, and the provision of the

copy of the order may be proved by providing evidence that the copy of the

order was prepaid and properly addressed and sent.

(5) For the purpose of this section, where a copy

of the order is sent electronically, it shall be considered to have been

provided on the day it is sent, if the copy of the order is sent before 4 p.m.,

or the next day that is not a Saturday or holiday, if the copy of the order is

sent after 4 p.m.

(6) Notwithstanding subsection (1), where the

matter involves more than 50 tenants who live in the same residential complex, copies

of the order may be placed in the mailbox of each tenant and a copy of the

order posted in a conspicuous place in the residential premises.

Appeal from director's

order

(1) An appeal lies to the Supreme Court of Newfoundland and

Labrador from an order of the director under subsection 47(1) on a question of

jurisdiction or law.

(2) An appeal under subsection (1) shall be made

not later than 30 days after a copy of the director's order is provided to the

person commencing the appeal.

Offence

(1) A person who contravenes this Act, the regulations or an

order under this Act is guilty of an offence and is liable on

summary conviction

(

a) in the case of an individual, to a fine not exceeding

$3,000, and in default of payment, to imprisonment for a term not exceeding 4

months; and

(

b) in the case of a corporation, to a fine not

exceeding $10,000.

(2) Each contravention of this Act, the

regulations or an order under this Act constitutes a new and separate offence.

(3) Where an offence under this Act or the

regulations is committed or continued on more than one day, the person who

committed the offence is liable to be convicted for a separate offence for each

day on which the offence is committed or continued.

Lieutenant-Governor

in Council regulations

52. The

Lieutenant-Governor in Council may make regulations

(

a) providing for an exemption from this Act or

parts of this Act for a residential complex or residential premises under paragraph

3(4)(l);

(

b) prescribing persons or classes of persons who

may provide statements under subparagraph 25(3)(a)(ii);

(

c) defining a word or expression that is used but

not defined in this Act; and

(

d) generally to give effect to the purpose of

this Act.

Ministerial regulations

53. The

minister may make regulations

(

a) prescribing the information required to be in

a written notice under subsection 7(3);

(

b) prescribing the rate of interest for a

security deposit under subsection 14(7);

(

c) defining a word or expression that is used but

not defined in this Act; and

(

d) generally to give effect to the purpose of

this Act.

Fees and forms

54. The

minister may prescribe fees and forms for the purpose of this Act.

Transitional

(1) A reconsideration proceeding that was started under the Residential Tenancies Act, 2000 but not concluded before the coming

into force of this Act shall be concluded under the Residential Tenancies Act, 2000 as though that Act were still in

force.

(2) Where the director has received an application

under the Residential Tenancies Act, 2000

but has not concluded the matter before the coming into force of this Act,

the Residential Tenancies Act, 2000

continues to apply to the determination of the matter as though that Act were

still in force.

RSNL1990 cC-34

Amdt.

Section

23 of the Conveyancing Act is amended

by deleting the reference " Residential

Tenancies Act " and substituting the reference " Residential Tenancies Act, 2018 ".

SNL1998 cC-35.1

Amdt.

57. Subsection

156(2) of the Co-operatives Act is

amended by deleting the reference " Residential

Tenancies Act " and substituting the reference " Residential Tenancies Act, 2018 ".

RSNL1990 cL-10

Amdt.

58. Subparagraph

2(1)(e)(iii) of the Leaseholds in St.

John's Act is amended by deleting the reference " Residential Tenancies Act " and substituting the reference

" Residential Tenancies Act, 2018 ".

RSNL1990 cM-7

Amdt.

Section 44 of the Memorial University Act is repealed and the following substituted:

Residential Tenancies

Act, 2018

44. The Residential Tenancies Act,

2018 does not apply to housing units for students owned by the university.

SNL2000 cR-14.1

Rep.

60. The Residential

Tenancies Act, 2000 is repealed.

Commencement

61. This Act comes into force on January 1, 2019.

Queen's Printer