Bill 34 — Third Session, 26Th Legislature, 56 Elizabeth Ii the Legislative Assembly of Alberta Bill 34 Tenancies Statutes Amendment Act, 2007 (Legislature 26, Session 3)

L26 S3 605

Alberta — Bills

2007 Bill 34 Third Session, 26th Legislature, 56 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 34 TENANCIES STATUTES AMENDMENT ACT, 2007 THE MINISTER OF SERVICE ALBERTA First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Bill 34 BILL 34 2007 TENANCIES STATUTES AMENDMENT ACT, 2007 ( A s s e n t e d t o , 2 0 0 7 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Residential Tenancies Act Amends SA 2004 cR-17.1 1(1) The Residential Tenancies Act is amended by this section.

(2) Section 1(2) is amended by striking out “section 70(h)” and substituting “section 70(1)(h)”.

(3) Section 5 is amended by adding the following after subsection (4):

(5) A period of notice required by

section 7, 8, 9, 11 or 12 may be modified by a regulation made under

section 70(1)(c.1).

(4) Section 14 is amended (

a) in subsection (4) by striking out “since the last increase in rent”; (

b) by adding the following after subsection (7): 1

Explanatory Notes Residential Tenancies Act 1(1) Amends

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

(2) Consequential to renumbering of

section 70 as

section 70(1).

(3) Period of notice may be modified.

(4) Section 14(4) presently reads:

(4) A landlord shall not increase the rent payable under a residential tenancy agreement or recover any additional rent resulting from an increase unless the prescribed amount of time has passed since the last increase in rent. 1 Explanatory Notes

(8) A period of notice required by this

section may be modified by a regulation made under

section 70(1)(c.1).

(5) Section 60 is amended (

a) in subsection (1)(

b) by striking out “70(l)” and substituting “70(1)(l)”; (

b) by adding the following after subsection (1):

(1.1) A landlord who fails to give the minimum required period of notice under

section 12 is guilty of an offence and liable to a fine of not more than $5000. (

c) in subsections (2) and (4) by adding “or (1.1)” after “subsection (1)”.

(6) Section 70 is amended (

a) by renumbering it as

section 70(1); (

b) in subsection (1) (

i) in clause (

c) by adding “and for fixed term tenancies” after “periodic tenancies”; (ii) by adding the following after clause (c): (c.1) modifying any period of notice required by

section 7, 8, 9, 11, 12 or 14; (iii) by adding the following after clause (l): 2

(5) Section 60 presently reads in part: 60(1) A person who contravenes (

a) section 18, 19(6), 23, 24, 25, 31(13) or (14), 43, 44(1), (3), (5) or (6), 45 or 46(2) or (6) or this Act as described in

section 6(2), or (

b) a provision of the regulations referred to in

section 69(1)(

b) or 70(l), is guilty of an offence and liable to a fine of not more than $5000.

(2) Where a corporation is convicted of an offence, every officer, director, employee or agent of the corporation who authorized the commission of the offence or assented to it or acquiesced or participated in it is also guilty of an offence and is liable to the penalty provided for in subsection (1).

(4) Where a landlord is convicted of contravening a provision referred to in subsection (1) and the justice considers that the landlord has wrongfully withheld prepaid rent paid by the tenant, the justice may order the landlord to pay all or part of that prepaid rent to the tenant.

(6) Section 70 presently reads: 70 The Minister may make regulations (

a) establishing forms that ma y be used by landlords and tenants for leases, inspection reports and other documents under this Act; (

b) prescribing the reasons for which a landlord may terminate a periodic tenancy under

Part 1; (

c) prescribing the minimum amount of time between increases in rent for periodic tenancies; (

d) prescribing or providing for the manner of determining periods of notice for the purposes of

section 11(b); 2 Explanatory Notes

(

m) providing with respect to any provision of this Act, other than a provision referred to in

section 60(1)(

a) or (1.1), that its contravention constitutes an offence and prescribing penalties in respect of those offences; (

n) respecting any other matter considered necessary to carry out the intent of this Act. (

c) by adding the following after subsection (1):

(2) A regulation made under this

section may be made effective with reference to a date before it is made.

(3) Notwithstanding

section 3(5) of the Regulations Act, a person is deemed to have notice of a regulation made under this

section when the regulation is filed with the registrar under the Regulations Act.

(7) This

section is deemed to have come into force on April 24, 2007. Mobile Home Sites Tenancies Act Amends RSA 2000 cM-20 2(1) The Mobile Home Sites Tenancies Act is amended by this section.

(2) Section 1(3) is amended by striking out “section 66(a), (f)” and substituting “section 66(1)(a), (f)”.

(3) Section 6 is amended by adding the following after subsection (3):

(4) A period of notice required by

section 8, 9, 10, 13 or 14 may be modified by a regulation made under

section 66(1)(j).

(4) Section 16 is amended by adding the following after subsection (5):

(6) The period of notice required by subsection (1) may be modified by a regulation made under

section 66(1)(j). 3

(

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

section 19; (

f) prescribing an amount for th e purposes of

section 31(2) and (3); (

g) prescribing a period for the purposes of

section 31(4); (

h) respecting the means of estab lishing the liabilities of a tenant for the purposes of

section 31(9); (

i) respecting trust accounts for security deposits; (

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; (

l) prescribing, with respect to any provision of the regulations under this section, that contravention of the provision constitutes an offence.

(7) Coming into force. Mobile Home Sites Tenancies Act 2(1) Amends

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

(2) Consequential to renumbering

section 66 as

section 66(1).

(3) Period of notice may be modified.

(4) Period of notice may be modified. 3 Explanatory Notes

(7) The amount of time between increases in rent required by subsection (3) may be modified by a regulation made under

section 66(1)(i).

(5) Section 63 is amended (

a) by adding the following after subsection (1):

(1.1) A landlord who fails to give the minimum required period of notice under

section 13 when terminating a tenancy for the purposes referred to in

section 13(1) is guilty of an offence and liable to a fine of not more than $5000. (

b) in subsection (2) by adding “or (1.1)” after “subsection (1)”.

(6) Section 66 is amended (

a) by renumbering it as

section 66(1); (

b) in subsection (1) by adding the following after clause (g): (

h) prescribing the amount of time between increases in rent for fixed term tenancies; (

i) modifying the amount of time between increases in rent for periodic tenancies; (

j) modifying any period of notice required by

section 8, 9, 10, 13, 14 or 16(1); (

k) providing with respect to any provision of this Act, other than a provision referred to in

section 63(1)(

a) or (1.1), that its contravention constitutes an offence and prescribing penalties in respect of those offences; (

l) respecting any other matter considered necessary to carry out the intent of this Act. 4

(5) Section 63 presently reads in part: 63(1) A person who contravenes (a)

section 7(3), 20, 26, 27(3), 48, 49, 50 or 51(1) or (5), (

b) the regulations, or (

c) an order of a cour t made under this Act is guilty of an offence and liable to a fine of not more than $5000.

(2) Where a corporation is convicted of an offence, every officer, director, employee or agent of the corporation who authorized the commission of the offence or assented to it or acquiesced or participated in it is also guilty of an offence and is liable to the penalty provided for in subsection (1).

(6) Section 66 presently reads: 66 The Minister may make regulations (

a) establishing forms that ma y be used by landlords and tenants for leases, inspection reports and other documents under this Act; (

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; (

d) prescribing an amount for th e purposes of

section 34(2) and (3); (

e) prescribing a period for the purposes of

section 34(4); (

f) respecting the establishment of the tenant’s liabilities for the purposes of sections 34(9) and 35(7); 4 Explanatory Notes

(

c) by adding the following after subsection (1):

(2) A regulation made under this

section may be made effective with reference to a date before it is made.

(3) Notwithstanding

section 3(5) of the Regulations Act, a person is deemed to have notice of a regulation made under this

section when the regulation is filed with the registrar under the Regulations Act.

(7) This

section is deemed to have come into force on April 24, 2007. 5

(

g) respecting trust accounts for security deposits and prescribing the investments permitted for money in the trust accounts.

(7) Coming into force. 5 Explanatory Notes

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: 2007 (26th, 3rd) Bill 34, Tenancies Statutes Amendment Act, 2007

Document details

Collection	Alberta — Bills
Citation	L26 S3 605
Type	bill
Volume / chapter	L26 S3 605
Language	en
Format	json
Source	PROVINCIAL
Identifier	26fac816a2fdd02bc732bc4b47220b5bc9bab186

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