British Columbia Bill 77 (Government) — 4th Parliament, 37th Session — Previous Version 1
4-37 Gov Bill 77-1
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2003 Legislative Session: 4th Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE RICH COLEMAN
MINISTER OF PUBLIC SAFETY
AND SOLICITOR GENERAL
BILL 77 – 2003
TENANCY STATUTES AMENDMENT ACT, 2003
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
M anufactured Home Park Tenancy Act
Section 1 of the Manufactured Home Park Tenancy Act, S.B.C. 2002, c.
77, is amended
(
a) in paragraph (
a) of the definition of "periodic tenancy"
by striking out "one or both of the parties take steps to
end it," and substituting "it is ended in accordance with this
Act," ,
(
b) in the definition of "registered mail" by striking
out "the Canada Post Office" and substituting "Canada
Post" , and
(
c) by repealing the definition of "tenancy" and
substituting the following:
"tenancy" means a tenant's right to possession of a manufactured home
site under a tenancy agreement; .
Section 17 (1) is amended by striking out "liability of obligation"
and substituting "liability or obligation" .
Section 21 (1) is repealed and the following substituted:
(1) A landlord must not terminate or restrict a service or facility if
(
a) the service or facility is essential to the tenant's use of the manufactured home site as a site for a manufactured home, or
(
b) providing the service or facility is a material term of the tenancy agreement.
Section 24 (1) is amended by striking out "Except in
accordance with an arbitrator's order, a landlord" and substituting "A
landlord" .
Section 26 is amended
(
a) in subsection (1) (
a) by adding "provide and"
before "maintain" , and
(
b) by adding the following subsection:
(6) A landlord's obligations under subsection (1) (
b) apply whether or not a tenant knew of a breach by the landlord of that subsection at the time of entering into the tenancy agreement.
Section 30 (
b) is amended by striking out "access to
the manufactured home site, common areas or services and facilities."
and substituting "access to and within the manufactured home park."
Section 37 is amended
(
a) by repealing subsection (1) (
e) and substituting the following:
(
e) the tenancy agreement is frustrated; ,
and
(
b) by repealing subsection (2).
Section 39 (6) (
a) is amended by striking out "but does
not specify when those charges are to be paid" .
Section 42 is amended in subsection (2) (
a) by striking out "if
the tenancy agreement is periodic," and by striking out "or"
at the end of the paragraph and substituting "and" .
Section 48 (1) is repealed and the following substituted:
(1) If a tenant applies for arbitration to dispute a landlord's notice to end a tenancy, the arbitrator must grant an order of possession of the manufactured home site if, at the time scheduled for the hearing,
(
a) the landlord makes an oral request for an order of possession, and
(
b) the arbitrator dismisses the tenant's application or upholds the landlord's notice.
Section 49 is amended
(
a) in subsection (1) (
a) by striking out "specified" ,
(
b) in subsection (1) (
b) by striking out ", in respect of the
manufactured home site, that is effective on or after that date." and
substituting "in respect of the manufactured home site." , and
(
c) in subsection (2) by striking out "referred to in subsection
(1)" and substituting "specifying the date on which the tenancy
ends and the effective date of the order of possession" .
Section 51 is amended
(
a) in subsection (2) by striking out "or" at the end
of paragraph (a), by adding ", or" at the end of paragraph (
b) and by adding the following paragraph:
(
c) the dispute is linked substantially to a matter that
is before the Supreme Court. , and
(
b) in subsection (4) (
a) by striking out "subsection (2) (a),"
and substituting "subsection (2) (
a) or (c)," .
Section 52 (3) is amended by adding "or within
a different period specified by the arbitrator" after "filing
the application" .
Section 53 (3) is amended by striking out "heard."
and substituting "concluded."
Section 58 (2) is amended by striking out ", in accordance
with the applicable directive of the minister charged with the administration
of the Financial Administration Act ," and substituting ",
in accordance with the regulations," .
Section 59 is repealed and the following substituted:
Arbitrator orders: changing time limits
(1) An arbitrator may extend a time limit established
by this Act only in exceptional circumstances, other than as provided by
section
52 (3) [starting arbitration proceedings] or 74 (4) [decision on application
for review] .
(2) Despite subsection (1), an arbitrator may extend
the time limit established by
section 39 (4) (a) [landlord's notice: non-payment
of rent] for a tenant to pay overdue rent only in one of the following circumstances:
(
a) the extension is agreed to by the landlord;
(
b) the tenant has deducted the unpaid amount because the tenant believed that the deduction was allowed for emergency repairs or under an arbitrator's order.
(3) An arbitrator must not extend the time limit to apply for arbitration to dispute a notice to end a tenancy beyond the effective date of the notice.
Section 65 (1) is amended by adding "or 72 (3) (b)
[application for review of arbitrator's decision] " after "section
52 (2) (c) [starting arbitration proceedings] " .
Section 67 is amended by adding the following subsection:
(4) A party to an arbitration may be represented by an agent or a lawyer.
Section 71 is amended
(
a) by repealing subsection (1) and substituting the following:
(1) Subject to subsection (2), an arbitrator may, with or without a hearing,
(
a) correct typographic, grammatical, arithmetic or other similar errors in his or her decision or order,
(
b) clarify the decision or order, and
(
c) deal with an obvious error or inadvertent omission in the decision or order.
(1.1) An arbitrator may take the steps described in subsection (1)
(
a) on the arbitrator's own initiative, or
(
b) at the request of a party, which request, for subsection
(1) (
b) and (c), must be made within 15 days after the decision or order is
received. , and
(
b) in subsection (2) by striking out "subsection (1)"
and substituting "subsection (1.1) (b)" .
Section 78 (1) (
b) is repealed and the following substituted:
(
b) the amount required to be paid under the decision
or order, excluding interest and costs, or the value of the personal property
is within the monetary limit for claims under the Small Claims Act .
Section 89 (2) is amended
(
a) by repealing paragraph (
g) and substituting the following:
(
g) prescribing matters related to an assignment of a tenancy agreement or a sublease of a manufactured home site, including
(
i) the process for obtaining the landlord's consent to an assignment or a sublease,
(ii) the procedures for determining whether that consent is given or withheld and related matters, and
(iii) the circumstances in which a landlord may withhold
consent to an assignment or a sublease; , and
(
b) in paragraph (
p) by striking out everything after "section
36 (1) (a) [amount of rent increase] " .
Residential Tenancy Act, S.B.C. 2002, c. 78
Section 1 of the Residential Tenancy Act, S.B.C. 2002, c. 78,
is amended
(
a) in paragraph (
a) of the definition of "periodic tenancy"
by striking out "one or both of the parties take steps to
end it," and substituting "it is ended in accordance with this
Act," ,
(
b) in the definition of "registered mail" by striking
out "the Canada Post Office" and substituting "Canada
Post" ,
(
c) by repealing the definition of "residential property"
and substituting the following:
"residential property" means
(
a) a building, or related group of buildings, in which one or more rental units or common areas are located,
(
b) the parcel or parcels on which the building, related group of buildings or common areas are located,
(
c) the rental unit and common areas, and
(
d) any other structure located on the parcel or parcels;
, and
(
d) by repealing the definition of " tenancy" and
substituting the following:
"tenancy" means a tenant's right to possession
of a rental unit under a tenancy agreement; .
Section 4 is amended
(
a) by repealing paragraph (
b) and substituting the following:
(
b) living accommodation owned or operated by an educational
institution and provided by that institution to its students or employees, ,
and
(
b) in paragraph (
c) by striking out "landlord," and substituting
"owner of that accommodation," .
Section 18 is amended
(
a) in subsection (1) (
a) and (
b) by striking out "in the rental
unit" and substituting "on the residential property" , and
(
b) in subsection (2) by striking out "in a rental unit"
and substituting "on the residential property" .
Section 20 is amended
(
a) in paragraphs (
a) and (
c) by striking out "or accept" ,
and
(
b) in paragraphs (
c) and (
d) by striking out "in the rental
unit" and substituting "on the residential property" .
Section 23 is repealed and the following substituted:
Condition inspection: start of tenancy or new pet
(1) The landlord and tenant together must inspect the condition of the rental unit on the day the tenant is entitled to possession of the rental unit or on another mutually agreed day.
(2) The landlord and tenant together must inspect the condition of the rental unit on or before the day the tenant starts keeping a pet or on another mutually agreed day, if
(
a) the landlord permits the tenant to keep a pet on the residential property after the start of a tenancy, and
(
b) a previous inspection was not completed under subsection (1).
(3) The landlord must offer the tenant at least 2 opportunities, as prescribed, for the inspection.
(4) The landlord must complete a condition inspection report in accordance with the regulations.
(5) Both the landlord and tenant must sign the condition inspection report and the landlord must give the tenant a copy of that report in accordance with the regulations.
(6) The landlord must make the inspection and complete and sign the report without the tenant if
(
a) the landlord has complied with subsection (3), and
(
b) the tenant does not participate on either occasion.
Section 24 is repealed and the following substituted:
Consequences for tenant and landlord if report requirements not met
(1) The right of a tenant to the return of a security deposit or a pet damage deposit, or both, is extinguished if
(
a) the landlord has complied with
section 23 (3) [2
opportunities for inspection] , and
(
b) the tenant has not participated on either occasion.
(2) The right of a landlord to claim against a security deposit or a pet damage deposit, or both, for damage to residential property is extinguished if the landlord
(
a) does not comply with
section 23 (3) [2 opportunities
for inspection] ,
(
b) having complied with
section 23 (3), does not participate on either occasion, or
(
c) does not complete the condition inspection report and give the tenant a copy of it in accordance with the regulations.
Section 27 (1) is repealed and the following substituted:
(1) A landlord must not terminate or restrict a service or facility if
(
a) the service or facility is essential to the tenant's use of the rental unit as living accommodation, or
(
b) providing the service or facility is a material term of the tenancy agreement.
Section 30 (1) is amended by striking out "Except
in accordance with an arbitrator's order, a landlord" and substituting
"A landlord" .
Section 31 is amended by adding the following subsection:
(1.1) A landlord must not change locks or other means of access to a rental unit unless
(
a) the tenant agrees to the change, and
(
b) the landlord provides the tenant with new keys or other means of access to the rental unit.
Section 32 is amended by adding the following subsection:
(5) A landlord's obligations under subsection (1) (
a) apply whether or not a tenant knew of a breach by the landlord of that subsection at the time of entering into the tenancy agreement.
Section 35 is repealed and the following substituted:
Condition inspection: end of tenancy
(1) The landlord and tenant together must inspect the condition of the rental unit before a new tenant begins to occupy the rental unit
(
a) on or after the day the tenant ceases to occupy the rental unit, or
(
b) on another mutually agreed day.
(2) The landlord must offer the tenant at least 2 opportunities, as prescribed, for the inspection.
(3) The landlord must complete a condition inspection report in accordance with the regulations.
(4) Both the landlord and tenant must sign the condition inspection report and the landlord must give the tenant a copy of that report in accordance with the regulations.
(5) The landlord may make the inspection and complete and sign the report without the tenant if
(
a) the landlord has complied with subsection (2) and the tenant does not participate on either occasion, or
(
b) the tenant has abandoned the rental unit.
Section 36 is repealed and the following substituted:
Consequences for tenant and landlord if report requirements not met
(1) The right of a tenant to the return of a security deposit or a pet damage deposit, or both, is extinguished if
(
a) the landlord complied with
section 35 (2) [2 opportunities
for inspection] , and
(
b) the tenant has not participated on either occasion.
(2) Unless the tenant has abandoned the rental unit, the right of the landlord to claim against a security deposit or a pet damage deposit, or both, for damage to residential property is extinguished if the landlord
(
a) does not comply with
section 35 (2) [2 opportunities
for inspection] ,
(
b) having complied with
section 35 (2), does not participate on either occasion, or
(
c) having made an inspection with the tenant, does not complete the condition inspection report and give the tenant a copy of it in accordance with the regulations.
Section 37 (2) (
b) is amended by striking out "access
to the rental unit, common areas or services or facilities." and substituting
"access to and within the residential property."
Section 38 is amended
(
a) in subsection (1) (
b) by adding "in writing" after
"address" ,
(
b) in subsection (1) (
c) by adding ", as provided in subsection
(8)," after "repay" , and
(
c) by adding the following subsections:
(7) If a landlord is entitled to retain an amount under subsection (3) or (4), a pet damage deposit may be used only for damage caused by a pet to the residential property, unless the tenant agrees otherwise.
(8) For the purposes of subsection (1) (c), the landlord
must use a service method described in
section 88 (c), (
d) or (f) [service
of documents] or give the deposit personally to the tenant.
Section 39 is amended
(
a) by adding "in writing" after "address" ,
and
(
b) in paragraph (
a) by striking out "as applicable," .
Section 44 is amended
(
a) by repealing subsection (1) (
e) and substituting the following:
(
e) the tenancy agreement is frustrated; , and
(
b) by repealing subsection (2).
Section 46 (6) (
a) is amended by striking out "but
does not specify when those charges are to be paid" .
Section 55 (1) is repealed and the following substituted:
(1) If a tenant applies for arbitration to dispute a landlord's notice to end a tenancy, the arbitrator must grant an order of possession of the rental unit if, at the time scheduled for the hearing,
(
a) the landlord makes an oral request for an order of possession, and
(
b) the arbitrator dismisses the tenant's application or upholds the landlord's notice.
Section 56 is amended
(
a) in subsection (1) (
a) by striking out "specified" ,
(
b) in subsection (1) (
b) by striking out ", in respect of the
rental unit, that is effective on or after that date." and substituting
"in respect of the rental unit." , and
(
c) in subsection (2) by striking out "referred to in subsection
(1)" and substituting "specifying the date on which the tenancy
ends and the effective date of the order of possession" .
Section 58 is amended
(
a) in subsection (2) by striking out "or" at the end
of paragraph (a), by adding ", or" at the end of paragraph (
b) and by adding the following paragraph:
(
c) the dispute is linked substantially to a matter that
is before the Supreme Court. , and
(
b) in subsection (4) (
a) by striking out "subsection (2) (a),"
and substituting "subsection (2) (
a) or (c)," .
Section 59 is amended
(
a) by repealing subsection (3) and substituting the following:
(3) Except for an application made under subsection (6),
a person who applies for arbitration under this
section must give a copy of
the application to the other party within 3 days of filing the application,
or within a different period specified by the arbitrator. , and
(
b) by adding the following subsection:
(6) An individual occupying a room in a residential hotel may apply to an arbitrator, without notice to any other party, for an interim order that this Act applies to that living accommodation.
Section 60 (3) is amended by striking out "heard"
and substituting "concluded" .
Section 62 (3) is amended by adding "and an
order that this Act applies" after "tenancy agreement" .
Section 65 (2) is amended by striking out ",
in accordance with the applicable directive of the minister charged with the
administration of the Financial Administration Act ," and substituting
", in accordance with the regulations," .
Section 66 is repealed and the following substituted:
Arbitrator orders: changing time limits
(1) An arbitrator may extend a time limit established
by this Act only in exceptional circumstances, other than as provided by
section
59 (3) [starting arbitration proceedings] or 81 (4) [decision on application
for review] .
(2) Despite subsection (1), an arbitrator may extend
the time limit established by
section 46 (4) (a) [landlord's notice: non-payment
of rent] for a tenant to pay overdue rent only in one of the following circumstances:
(
a) the extension is agreed to by the landlord;
(
b) the tenant has deducted the unpaid amount because the tenant believed that the deduction was allowed for emergency repairs or under an arbitrator's order.
(3) An arbitrator must not extend the time limit to apply for arbitration to dispute a notice to end a tenancy beyond the effective date of the notice.
Section 72 (1) is amended by adding "or 79 (3)
(b) [application for review of arbitrator's decision] " after "section
59 (2) (c) [starting arbitration proceedings] " .
Section 74 is amended by adding the following subsection:
(4) A party to an arbitration may be represented by an agent or a lawyer.
Section 78 is amended
(
a) by repealing subsection (1) and substituting the following:
(1) Subject to subsection (2), an arbitrator may, with or without a hearing,
(
a) correct typographic, grammatical, arithmetic or other similar errors in his or her decision or order,
(
b) clarify the decision or order, and
(
c) deal with an obvious error or inadvertent omission in the decision or order.
(1.1) An arbitrator may take the steps described in subsection (1)
(
a) on the arbitrator's own initiative, or
(
b) at the request of a party, which request, for subsection
(1) (
b) and (c), must be made within 15 days after the decision or order is
received. , and
(
b) in subsection (2) by striking out "subsection (1)"
and substituting "subsection (1.1) (b)" .
Section 85 (1) (
b) is repealed and the following substituted:
(
b) the amount required to be paid under the decision or order, excluding interest and costs, or the value of the personal property is within the monetary limit for claims under the Small Claims Act .
Section 95 (1) (
h) is amended by striking out "section
31 (1)" and substituting "section 31 (1) or (1.1)" .
Section 97 (2) is amended
(
a) by repealing paragraph (
h) and substituting the following:
(
h) prescribing the following regarding inspections required
under sections 23 [condition inspection: start of tenancy] and 35 [condition
inspection: end of tenancy] :
(
i) the procedures to be followed in conducting the inspection;
(ii) the form, content, completion requirements and use as evidence of a condition inspection report;
(iii) the scheduling, and notification to the tenant, of the inspection;
(iv) the procedures to be followed in providing the condition
inspection report to the tenant; , and
(
b) in paragraph (
n) by striking out everything after "section
43 (1) (a) [amount of rent increase] " .
Section 100 (2) is amended
(
a) by striking out "in the rental unit" and substituting
"on the residential property" , and
(
b) by striking out "sections 23 (2) to (5)" and substituting
"sections 23 (2) to (6)" .
Section 110 is amended as it amends
section 25 (2) (
b) of the Manufactured Home Act, R.S.B.C. 1996, c. 280, by striking out "section
45" and substituting "section 46" .
Section 111 is amended as it amends
section 34 (1) (
b) and (2) (
a) of the Manufactured Home Act by striking out "section 45"
and substituting "section 46" .
Section 116 is amended as it amends sections 137 and
138 (1) of the Strata Property Act, S.B.C. 1998, c. 43, by striking out "section
35 (1)" and substituting "section 36 (1)" .
Explanatory Notes
Manufactured Home Park Tenancy Act
SECTION 1: [Manufactured Home Park Tenancy Act, amends
section 1]
(
a) clarifies that a tenancy agreement must be ended in accordance with the requirements of the Act,
(
b) corrects the reference to Canada Post, and
(
c) clarifies that a tenancy is premised on a right to possession, rather than actual possession.
SECTION 2: [Manufactured Home Park Tenancy Act, amends
section 17]
corrects a typographical error.
SECTION 3: [Manufactured Home Park Tenancy Act, amends
section 21]
replaces a limit on a landlord's ability to terminate or restrict a service
or facility.
SECTION 4: [Manufactured Home Park Tenancy Act, amends
section 24]
removes an implication that arbitrators have jurisdiction to issue restraining
orders.
SECTION 5: [Manufactured Home Park Tenancy Act, amends
section 26]
(
a) clarifies that a landlord's obligation is both to provide and maintain the manufactured home park, and
(
b) corrects an omission in the Act by providing that a landlord's obligation to comply with certain legal standards applies whether or not a tenant knows of any breach.
SECTION 6: [Manufactured Home Park Tenancy Act, amends
section 30]
adds a reference to a defined term, "manufactured home park".
SECTION 7: [Manufactured Home Park Tenancy Act, amends
section 37]
(
a) clarifies that a tenancy ends when the tenancy agreement is frustrated, and
(
b) eliminates an unnecessary reference to common law that remains unchanged.
SECTION 8: [Manufactured Home Park Tenancy Act, amends
section 39]
allows a landlord to treat unpaid utilities as rent whether or not the tenancy
agreement specifies the date of payment.
SECTION 9: [Manufactured Home Park Tenancy Act, amends
section 42]
corrects an omission in the Act by requiring a landlord to give at least 12
months' notice to terminate a tenancy.
SECTION 10: [Manufactured Home Park Tenancy Act, amends
section 48]
clarifies the policy intent of allowing a landlord to request an order of possession
at a hearing if the tenant does not attend the hearing.
SECTION 11: [Manufactured Home Park Tenancy Act, amends
section 49]
deletes the requirement that the landlord specify a particular date in an application
to terminate a tenancy.
SECTION 12: [Manufactured Home Park Tenancy Act, amends
section 51]
clarifies the respective jurisdictions of the Supreme Court and arbitrators.
SECTION 13: [Manufactured Home Park Tenancy Act, amends
section 52]
clarifies that an arbitrator may extend the time period for one party to provide
a copy of the application for arbitration to the other party.
SECTION 14: [Manufactured Home Park Tenancy Act, amends
section 53]
clarifies that the other party may file a related application at any time before
the conclusion of the first arbitration.
SECTION 15: [Manufactured Home Park Tenancy Act, amends
section 58]
substitutes a reference to the regulations as the authority for the recovery
of costs.
SECTION 16: [Manufactured Home Park Tenancy Act, re-enacts
section 59]
establishes or clarifies an arbitrator's ability to extend time limits as follows:
only in exceptional circumstances, or for service of applications for arbitration and review decisions;
for payment of overdue rent, only if the landlord agrees or the amount was withheld in good faith;
in no circumstances, when an application to dispute a termination notice is made after the effective date of the notice;
SECTION 17: [Manufactured Home Park Tenancy Act, amends
section 65]
as provided in the current Act, adds that an arbitrator may order the payment
of a fee for an application for review.
SECTION 18: [Manufactured Home Park Tenancy Act, amends
section 67]
as provided in the current Act adds that a party to an arbitration may be represented
by an agent or a lawyer.
SECTION 19: [Manufactured Home Park Tenancy Act, amends
section 71]
(
a) as provided in the current Act adds that an arbitrator may make corrections to a decision in specified circumstances, and
(
b) updates a cross reference.
SECTION 20: [Manufactured Home Park Tenancy Act, amends
section 78]
substitutes a general reference to the monetary limit for claims under the Small
Claims Act .
SECTION 21: [Manufactured Home Park Tenancy Act, amends
section 89]
(
a) substitutes the current Act's regulation-making power regarding assignments and subleases, and
(
b) removes the power to make regulations allowing simultaneous 3-year rent increases.
Residential Tenancy Act, S.B.C. 2002, c. 78
SECTION 22: [Residential Tenancy Act, amends
section 1]
(
a) clarifies that a tenancy agreement must be ended in accordance with the requirements of the Act,
(
b) corrects the reference to Canada Post,
(
c) clarifies the definition of "residential property" to specifically include related groups of buildings and the rental unit, and
(
d) clarifies that a tenancy is premised on a right to possession, rather than actual possession.
SECTION 23: [Residential Tenancy Act, amends
section 4]
(
a) clarifies that this exemption from the Act applies only to living accommodation provided by an educational institution to its students or employees, and
(
b) clarifies that this exemption from the Act applies only when living accommodation is shared with the owner.
SECTION 24: [Residential Tenancy Act, amends
section 18] clarifies
that the landlord may restrict pets on the residential property, which includes
the rental unit.
SECTION 25: [Residential Tenancy Act, amends
section 20]
(
a) allows the payment of security or pet damage deposits in installments, and
(
b) clarifies that payment of a pet damage deposit is to coincide with a pet being allowed on the residential property, not only in the rental unit.
SECTION 26: [Residential Tenancy Act, re-enacts
section 23] clarifies
the procedures required for conducting condition inspections at the beginning
of a tenancy and allows for details to be set out in the regulations.
SECTION 27: [Residential Tenancy Act, re-enacts
section 24] clarifies
the consequences of not fulfilling the requirements of condition inspection
reports at the beginning of a tenancy.
SECTION 28: [Residential Tenancy Act, amends
section 27] replaces
a limit on a landlord's ability to terminate or restrict a service or facility.
SECTION 29: [Residential Tenancy Act, amends
section 30] removes
an implication that arbitrators have jurisdiction to issue restraining orders.
SECTION 30: [Residential Tenancy Act, amends
section 31] corrects
an omission by prohibiting a landlord from changing the locks to a rental unit
unless the tenant agrees and the landlord provides new keys.
SECTION 31: [Residential Tenancy Act, amends
section 32] provides
that a landlord's obligation to comply with certain legal standards applies
whether or not a tenant knows of any breach.
SECTION 32: [Residential Tenancy Act, re-enacts
section 35] clarifies
the procedures required for conducting condition inspections at the end of a
tenancy and allows for details to be set out in the regulations.
SECTION 33: [Residential Tenancy Act, re-enacts
section 36] clarifies
the consequences of not fulfilling the requirements of condition inspection
reports at the end of a tenancy.
SECTION 34: [Residential Tenancy Act, amends
section 37] adds
a reference to a defined term "residential property".
SECTION 35: [Residential Tenancy Act, amends
section 38]
(
a) provides that a tenant's forwarding address must be given in writing before the landlord's obligation to repay deposits arises,
(
b) adds a cross reference to a new subsection concerning repayment of deposits, and
(
c) clarifies that a landlord cannot use a pet damage deposit to satisfy a claim for unpaid rent or damage not caused by a pet, and sets out service methods for repayment of deposits.
SECTION 36: [Residential Tenancy Act, amends
section 39]
(
a) clarifies that a tenant must provide a forwarding address in writing, and
(
b) makes a wording change for consistency with related sections.
SECTION 37: [Residential Tenancy Act, amends
section 44]
(
a) clarifies that a tenancy ends when the tenancy agreement is frustrated, and
(
b) eliminates an unnecessary reference to common law that remains unchanged.
SECTION 38: [Residential Tenancy Act, amends
section 46] allows
a landlord to treat unpaid utilities as rent whether or not the tenancy agreement
specifies the date of payment.
SECTION 39: [Residential Tenancy Act, amends
section 55] allows
a landlord to request an order of possession at a hearing if the tenant does
not attend the hearing.
SECTION 40: [Residential Tenancy Act, amends
section 56] deletes
the requirement that the landlord specify a particular date in an application
to terminate a tenancy.
SECTION 41: [Residential Tenancy Act, amends
section 58] clarifies
the respective jurisdictions of the Supreme Court and arbitrators.
SECTION 42: [Residential Tenancy Act, amends
section 59]
(
a) adds a cross reference to a new subsection concerning applications without notice, and clarifies that an arbitrator may extend the time period for providing a copy of an application for arbitration, and
(
b) as provided in the current Act, allows an occupant of a residential hotel to apply, without notice, for an interim order that the Act applies to the accommodation.
SECTION 43: [Residential Tenancy Act, amends
section 60] clarifies
that the other party may file a related application at any time before the conclusion
of the first arbitration.
SECTION 44: [Residential Tenancy Act, amends
section 62] specifies
that an arbitrator may make an order that the Act applies.
SECTION 45: [Residential Tenancy Act, amends
section 65] substitutes
a reference to the regulations as the authority for the recovery of costs.
SECTION 46: [Residential Tenancy Act, re-enacts
section 66] establishes
or clarifies an arbitrator's ability to extend time limits as follows:
only in exceptional circumstances, or for service of applications for arbitration and review decisions;
for payment of overdue rent, only if the landlord agrees or the amount was withheld in good faith;
in no circumstances, when an application to dispute a termination notice is made after the effective date of the notice.
SECTION 47: [Residential Tenancy Act, amends
section 72] provides
that an arbitrator may order the payment of a fee for an application for review.
SECTION 48: [Residential Tenancy Act, amends
section 74] provides
that a party to an arbitration may be represented by an agent or a lawyer.
SECTION 49: [Residential Tenancy Act, amends 78]
(
a) as provided in the current Act, clarifies that an arbitrator may make corrections to a decision in specified circumstances, and
(
b) updates a cross reference.
SECTION 50: [Residential Tenancy Act, amends
section 85] substitutes
a general reference to the monetary limit for claims under the Small Claims
Act .
SECTION 51: [Residential Tenancy Act, amends
section 95] adds
a reference to a new subsection that prohibits a landlord from changing the
locks.
SECTION 52: [Residential Tenancy Act, amends
section 97]
(
a) expands regulation-making powers so that regulations govern procedures for condition inspections, including scheduling, reports and the use of reports as evidence, and
(
b) removes the power to make regulations allowing simultaneous 3-year rent increases.
SECTION 53: [Residential Tenancy Act, amends
section 100] corrects
a cross reference to
section 23 and substitutes the wording of that
section
as re-enacted by this Bill.
SECTION 54: [Residential Tenancy Act, amends
section 110] corrects
an erroneous cross reference in a not in force consequential amendment to the
Manufactured Home Act .
SECTION 55: [Residential Tenancy Act, amends
section 111] corrects
an erroneous cross reference in a not in force consequential amendment to the
Manufactured Home Act .
SECTION 56: [Residential Tenancy Act, amends
section 116] corrects
an erroneous cross reference in a not in force consequential amendment to the
Strata Property Act .
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