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Volume 63, No. 15

195/2020

The British Columbia Gazette,

Part II

August 11, 2020

B.C. Reg. 195/2020 , deposited July 30, 2020, under the EMERGENCY PROGRAM ACT [sections 10.1 (1) and 10.2] and the COVID-19 RELATED MEASURES ACT [section 3 (5) (

c) and (8) (b)]. Order in Council 449/2020, approved and ordered July 30, 2020.

On the recommendation of the undersigned, the Lieutenant Governor, by and with

the advice and consent of the Executive Council, orders that

(

a) effective March 18, 2020, the COVID-19 ( Residential Tenancy Act and Manufactured Home Park Tenancy Act ) Regulation, attached as Appendix 1, is made,

(

b) effective on the date this regulation is deposited under the Regulations Act , the COVID-19 ( Residential Tenancy Act and Manufactured Home Park Tenancy Act ) Regulation is amended as set out in the attached Appendix 2, and

(

c) the COVID-19 Related Measures Act , S.B.C. 2020, c. 8, is amended as set out in the attached Appendix 3, effective on

the dates as set out in that Appendix.

— D. EBY, Attorney General ; S. ROBINSON, Minister of Municipal Affairs and Housing ; M. FARNWORTH, Minister of Public Safety and Solicitor General ; J. DARCY, Presiding Member of the Executive Council .

Appendix 1

COVID-19 ( RESIDENTIAL TENANCY ACT AND

MANUFACTURED HOME PARK TENANCY ACT ) REGULATION

Contents

Part 1 –

Definitions and

Interpretation

Definitions

Part 2 – Residential Tenancy Act

Administration fee

Part 3 – Manufactured Home Park Tenancy Act

Administration fee

Part 1 –

Definitions and

Interpretation

Definitions

(1) In this regulation:

"affected rent" means

(

a) rent that becomes due to be paid by a tenant in accordance with a tenancy

agreement during the emergency period, and

(

b) utility charges that become due to be paid by a tenant during the emergency

period, if a tenancy agreement requires the tenant to pay utility charges to the landlord;

"emergency period" means the period that starts March 18, 2020 and ends on the date on which the last

extension of the declaration of a state of emergency made March 18, 2020 under

section 9 (1)

of the Emergency Program Act expires or is cancelled.

(2) In the definition of "affected rent" in subsection (1), "landlord" , "rent" , "tenancy agreement" and "tenant" have the same meaning as the following, as applicable:

(

a) in the case of a reference to "affected rent" in

Part 2 of this regulation,

section 1 [definitions] of the Residential Tenancy Act ;

(

b) in the case of a reference to "affected rent" in

Part 3 of this regulation,

section 1 [definitions] of the Manufactured Home Park Tenancy Act .

(3) The

definitions established in

section 1 of the Residential Tenancy Act apply to

Part 2 of this regulation.

(4) The

definitions established in

section 1 of the Manufactured Home Park Tenancy Act apply to

Part 3 of this regulation.

Part 2 – Residential Tenancy Act

Administration fee

(1) As a limit on

section 7 (1) (d) [non-refundable fees charged by landlord] and (2), as it relates to subsection (1) (

d) of that section, of the Residential Tenancy

Regulation, a landlord must not charge an administration fee for late payment of affected

rent.

(2) If a landlord has charged a fee described in subsection (1) and a tenant has

paid the fee, the tenant may deduct the amount of the fee from rent or otherwise recover

the amount.

Part 3 – Manufactured Home Park Tenancy Act

Administration fee

(1) As a limit on

section 5 (1) (d) [non-refundable fees charged by landlord] and (2), as it relates to subsection (1) (

d) of that section, of the Manufactured

Home Park Tenancy Regulation, a landlord must not charge an administration fee for

late payment of affected rent.

(2) If a landlord has charged a fee described in subsection (1) and a tenant has

paid the fee, the tenant may deduct the amount of the fee from rent or otherwise recover

the amount.

Appendix 2

Section 1 of the COVID-19 (Residential Tenancy Act and Manufactured Home Park

Tenancy Act) Regulation is amended

(

a) in subsection (1) by adding the following

definitions:

"COVID-19 pandemic" has the same meaning as in

section 1 of the COVID-19 Related Measures Act ;

"prior agreement" means an agreement between a landlord and a tenant that

(

a) is in writing,

(

b) was entered into before July 16, 2020, and

(

c) addresses affected rent that is overdue after July 16, 2020;

"repayment plan" means a repayment plan within the meaning of Division 1 of

Part 2 or Division 1 of

Part 3 of this regulation, as applicable. , and

(

b) in subsection (2) by striking out " In the definition of "affected rent" in subsection (1), " and substituting " In the

definitions of "affected rent" and "prior agreement" in subsection (1), ".

2 The following

section is added to

Part 1:

How to give repayment plan

1.01 In this regulation, a requirement to give a repayment plan to another person means

to give the repayment plan in one of the ways set out in

section 89 (1) [special rules for certain documents] of the Residential Tenancy Act or in

section 82 (1) [special rules for certain documents] of the Manufactured Home Park Tenancy Act , as applicable.

3 The following is added to

Part 2 before

section 2:

Division 1 – Landlord's Notice: Non-Payment of Rent

Non-payment of affected rent

1.02

(1) As an exception to sections 44 (1) (a) (ii) and 46 [landlord's notice: non-payment of rent] of the Residential Tenancy Act and any other provision of the Residential Tenancy Act and the Residential Tenancy Regulation, a landlord must not give a tenant notice

to end a tenancy under

section 46 (1) of the Residential Tenancy Act in respect of affected rent that is unpaid and instead this Division applies.

(2) The landlord must give the tenant a repayment plan if

(

a) the tenant has overdue affected rent, and

(

b) subject to subsection (3), the landlord and tenant did not enter into a prior

agreement.

(3) If the landlord and tenant entered into a prior agreement and the prior agreement

does not address the full amount of overdue affected rent, the landlord must give

the tenant a repayment plan in respect of the amount of overdue affected rent that

is not addressed in the prior agreement.

(4) The landlord may cancel a prior agreement by giving the tenant a repayment

plan for the full amount of the overdue affected rent.

(5) The tenant may cancel a prior agreement by giving the landlord a repayment

plan for the full amount of the overdue affected rent whether or not the landlord

has given the tenant a repayment plan under subsection (3).

Terms of repayment plan

1.03

(1) The following are terms of each repayment plan:

(

a) the repayment period starts on the date the repayment plan is given by the

landlord to the tenant and ends on July 10, 2021;

(

b) the payment of the overdue rent must be in equal instalments;

(

c) each instalment must be paid on the same date that rent is due under the tenancy

agreement;

(

d) the date the first instalment must be paid must be at least 30 days after

the date the repayment plan is given by the landlord to the tenant.

(2) A repayment plan must be in writing and include all of the following:

(

a) the date the repayment period starts as determined under subsection (1) (a);

(

b) the total amount of the affected rent that is overdue;

(

c) the date on which each instalment must be paid;

(

d) the amount that must be paid in each instalment.

(3) If a repayment plan given by the landlord to the tenant under

section 1.02 (2), (3)

or (4)

(

a) does not comply with a requirement set out in subsection (1) of this section,

(

b) does not include the information described in subsection (2), or

(

c) includes information that is inaccurate or incomplete,

the landlord must give the tenant another repayment plan that complies with this

section and includes accurate and complete information.

(4) If a repayment plan given by the tenant to the landlord under

section 1.02 (5)

(

a) does not comply with a requirement set out in subsection (1) of this section,

(

b) does not include the information described in subsection (2), or

(

c) includes information that is inaccurate or incomplete,

the tenant must give the landlord another repayment plan that complies with this

section and includes accurate and complete information.

(5) A prior agreement is not cancelled under

section 1.02 (4) or (5) unless the

repayment plan complies with this

section and includes accurate and complete information.

Amendments of terms of repayment plan

1.04 The landlord and tenant may agree in writing to amend the terms of a repayment plan

but only as follows:

(

a) to extend the repayment period described in

section 1.03 (1) (a);

(

b) to change the amount payable in each instalment if the amount payable in earlier

instalments is less than the amount payable in later instalments;

(

c) to change the dates of instalments as long as the date of the first instalment

is not earlier than the date described in

section 1.03 (1) (d).

Notice to end tenancy for non-payment of affected rent

1.05

(1) Despite

section 1.02 (1), a landlord may end a tenancy if affected rent is unpaid

in the circumstances set out in subsection (2) of this

section by giving notice to

end the tenancy effective on a date that is not earlier than 10 days after the date

the tenant receives notice.

(2) For the purposes of subsection (1) the circumstances are as follows, as applicable:

(

a) the tenant fails to pay an instalment on the date it is due as set out in

the applicable repayment plan;

(

b) the tenant fails to make a payment as set out in a prior agreement.

(3) For certainty, subsection (2) (

b) of this

section only applies in respect

of a prior agreement that is not cancelled under

section 1.02 (4) or (5).

(4) Sections 46 (2) to (5), 53 [incorrect effective dates automatically changed] , 55 [order of possession for the landlord] and 88 [how to give or serve documents generally] of the Residential Tenancy Act apply in respect of a notice under this section.

Division 2 – Landlord's Notice: Cause

Notices to end tenancy

1.06

(1) As an exception to sections 44 (1) (a) (iii) and 47 (1) [landlord's notice: cause] of the Residential Tenancy Act and any other provision of the Residential Tenancy Act and the Residential Tenancy Regulation, a landlord must not give a tenant notice

to end a tenancy under

section 47 (1) of the Residential Tenancy Act in respect of a reason that relates to the affected rent being unpaid, including

one or more of the following reasons:

(

a) one or more payments of the affected rent are late;

(

b) the lawful right or interest of the landlord is the right or interest to receive

the affected rent;

(

c) the affected rent being unpaid is what put the landlord's property at significant

risk;

(

d) the material term with which the tenant failed to comply is the payment of

the affected rent;

(

e) the order of the director with which the tenant has not complied is a monetary

order for the affected rent.

(2) For certainty, the payments in subsection (1) (

a) of this

section do not include

an instalment to be paid under a repayment plan.

Division 3 – General

Rent increases – Residential Tenancy Act

1.07

(1) In this section, "rent increase" does not include an increase in rent that is

(

a) for one or more additional occupants, and

(

b) authorized under the tenancy agreement by a term referred to in

section 13 (2) (f) (iv)

[requirements for tenancy agreements] of the Residential Tenancy Act .

(2) As an exception to

Part 3 [What Rent Increases Are Allowed] of the Residential Tenancy Act and any other provision of the Residential Tenancy Act and the Residential Tenancy Regulation, if a landlord gives a notice of rent increase

under the Residential Tenancy Act and the effective date of the rent increase is after March 30, 2020, the rent increase

does not take effect until November 30, 2020.

(3) If a landlord collects a rent increase that does not comply with this section,

the tenant may deduct the increase from rent or otherwise recover the increase.

Tenant's right of access restricted

1.08

(1) If a landlord has terminated or restricted access to common areas of a residential

property and one or more of the circumstances set out in subsection (2) applies, the

director must not grant an order that reduces the rent or any other order for monetary

compensation resulting from the termination or restriction of access.

(2) For the purposes of subsection (1), the circumstances are as follows:

(

a) to protect the health, safety or welfare of the landlord, the tenant, an occupant

or a guest of the residential property due to the COVID-19 pandemic;

(

b) to comply with an order of a federal, British Columbia, regional or municipal

government authority, including orders made by the Provincial Health Officer or under

the Emergency Program Act ;

(

c) to follow the guidelines of the British Columbia Centre for Disease Control

or the Public Health Agency of Canada.

(3) Subsection (1) of this

section applies to any application for dispute resolution

unless the director has already held a hearing before June 24, 2020 on an application

for dispute resolution.

(4) Subsections (1) and (3) of this

section are exceptions to sections 27 [terminating or restricting services or facilities] , 28 [protection of tenant's right to quiet enjoyment] , 30 [tenant's right of access protected] , 62 (3) [director's authority respecting dispute resolution proceedings] , 65 (1) [director's orders: breach of Act, regulations or tenancy agreement] and 67 [director's orders: compensation for damage or loss] of the Residential Tenancy Act .

4 The following Division is added to

Part 2 after

section 2:

Division 4 – Enforcement

Enforcement

2.01 A failure to comply with a provision of this

Part is to be treated as though it were

a failure to comply with the Residential Tenancy Act .

5 The following is added to

Part 3 before

section 3:

Division 1 – Landlord's Notice: Non-Payment of Rent

Non-payment of affected rent

2.02

(1) As an exception to sections 37 (1) (a) (ii) and 39 [landlord's notice: non-payment of rent] of the Manufactured Home Park Tenancy Act and any other provision of the Manufactured Home Park Tenancy Act and the Manufactured Home Park Tenancy Regulation, a landlord must not give a tenant

notice to end a tenancy under

section 39 (1) of the Manufactured Home Park Tenancy Act in respect of affected rent that is unpaid and instead this Division applies.

(2) The landlord must give the tenant a repayment plan if

(

a) the tenant has overdue affected rent, and

(

b) subject to subsection (3), the landlord and tenant did not enter into a prior

agreement.

(3) If the landlord and tenant entered into a prior agreement and the prior agreement

does not address the full amount of overdue affected rent, the landlord must give

the tenant a repayment plan in respect of the amount of overdue affected rent that

is not addressed in the prior agreement.

(4) The landlord may cancel a prior agreement by giving the tenant a repayment

plan for the full amount of the overdue affected rent.

(5) The tenant may cancel a prior agreement by giving the landlord a repayment

plan for the full amount of the overdue affected rent whether or not the landlord

has given the tenant a repayment plan under subsection (3).

Terms of repayment plan

2.03

(1) The following are terms of each repayment plan:

(

a) the repayment period starts on the date the repayment plan is given by the

landlord to the tenant and ends on July 10, 2021;

(

b) the payment of the overdue rent must be in equal instalments;

(

c) each instalment must be paid on the same date that rent is due under the tenancy

agreement;

(

d) the date the first instalment must be paid must be at least 30 days after

the date the repayment plan is given by the landlord to the tenant.

(2) A repayment plan must be in writing and include all of the following:

(

a) the date the repayment period starts as determined under subsection (1) (a);

(

b) the total amount of the affected rent that is overdue;

(

c) the date on which each instalment must be paid;

(

d) the amount that must be paid in each instalment.

(3) If a repayment plan given by the landlord to the tenant under

section 2.02 (2), (3)

or (4)

(

a) does not comply with a requirement set out in subsection (1) of this section,

(

b) does not include the information described in subsection (2), or

(

c) includes information that is inaccurate or incomplete,

the landlord must give the tenant another repayment plan that complies with this

section and includes accurate and complete information.

(4) If a repayment plan given by the tenant to the landlord under

section 2.02 (5)

(

a) does not comply with a requirement set out in subsection (1) of this section,

(

b) does not include the information described in subsection (2), or

(

c) includes information that is inaccurate or incomplete,

the tenant must give the landlord another repayment plan that complies with this

section and includes accurate and complete information.

(5) A prior agreement is not cancelled under

section 2.02 (4) or (5) unless the

repayment plan complies with this

section and includes accurate and complete information.

Amendments of terms of repayment plan

2.04 The landlord and tenant may agree in writing to amend the terms of a repayment plan

but only as follows:

(

a) to extend the repayment period described in

section 2.03 (1) (a);

(

b) to change the amount payable in each instalment if the amount payable in earlier

instalments is less than the amount payable in later instalments;

(

c) to change the dates of instalments as long as the date of the first instalment

is not earlier than the date described in

section 2.03 (1) (d).

Notice to end tenancy for non-payment of affected rent

2.05

(1) Despite

section 2.02 (1), a landlord may end a tenancy if affected rent is unpaid

in the circumstances set out in subsection (2) of this

section by giving notice to

end the tenancy effective on a date that is not earlier than 10 days after the date

the tenant receives notice.

(2) For the purposes of subsection (1) the circumstances are as follows, as applicable:

(

a) the tenant fails to pay an instalment on the date it is due as set out in

the applicable repayment plan;

(

b) the tenant fails to make a payment as set out in a prior agreement.

(3) For certainty, subsection (2) (

b) of this

section only applies in respect

of a prior agreement that is not cancelled under

section 2.02 (4) or (5).

(4) Sections 39 (2) to (5), 46 [incorrect effective dates automatically changed] , 48 [order of possession for the landlord] and 81 [how to give or serve documents generally] of the Manufactured Home Park Tenancy Act apply in respect of a notice under this section.

Division 2 – Landlord's Notice: Cause

Notices to end tenancy

2.06

(1) As an exception to sections 37 (1) (a) (iii) and 40 (1) of the Manufactured Home Park Tenancy Act and any other provision of the Manufactured Home Park Tenancy Act and the Manufactured Home Park Tenancy Regulation, a landlord must not give a tenant

notice to end a tenancy under

section 40 (1) [landlord's notice: cause] of the Manufactured Home Park Tenancy Act in respect of a reason that relates to the affected rent being unpaid, including

one or more of the following reasons:

(

a) one or more payments of the affected rent are late;

(

b) the lawful right or interest of the landlord is the right or interest to receive

the affected rent;

(

c) the affected rent being unpaid is what put the landlord's property at significant

risk;

(

d) the material term with which the tenant failed to comply is the payment of

the affected rent;

(

e) the order of the director with which the tenant has not complied is a monetary

order for the affected rent.

(2) For certainty, the payments in subsection (1) (

a) of this

section do not include

an instalment to be paid under a repayment plan.

Division 3 – General

Rent increases – Manufactured Home Park Tenancy Act

2.07

(1) As an exception to

Part 4 [Rent Increases] of the Manufactured Home Park Tenancy Act and any other provision of the Manufactured Home Park Tenancy Act and the Manufactured Home Park Tenancy Regulation, if a landlord gives a notice of

rent increase under the Manufactured Home Park Tenancy Act and the effective date of the rent increase is after March 30, 2020, the rent increase

does not take effect until November 30, 2020.

(2) If a landlord collects a rent increase that does not comply with this section,

the tenant may deduct the increase from rent or otherwise recover the increase.

Tenant's right of access restricted

2.08

(1) If a landlord has terminated or restricted access to common areas of a manufactured

home park and one or more of the circumstances set out in subsection (2) applies,

the director must not grant an order that reduces the rent or any other order for

monetary compensation resulting from the termination or restriction of access.

(2) For the purposes of subsection (1), the circumstances are as follows:

(

a) to protect the health, safety or welfare of the landlord, the tenant, an occupant

or a guest of the manufactured home park due to the COVID-19 pandemic;

(

b) to comply with an order of a federal, British Columbia, regional or municipal

government authority, including orders made by the Provincial Health Officer or under

the Emergency Program Act ;

(

c) to follow the guidelines of the British Columbia Centre for Disease Control

or the Public Health Agency of Canada.

(3) Subsection (1) of this

section applies to any application for dispute resolution

unless the director has already held a hearing before June 24, 2020 on an application

for dispute resolution.

(4) Subsections (1) and (3) of this

section are exceptions to sections 21 [terminating or restricting services or facilities] , 22 [protection of tenant's right to quiet enjoyment] , 24 [tenant's right of access protected] , 55 (3) [director's authority respecting dispute resolution proceedings] , 58 (1) [director's orders: breach of Act, regulations or tenancy agreement] and 60 [director's orders: compensation for damage or loss] of the Manufactured Home Park Tenancy Act .

6 The following Division is added to

Part 3:

Division 4 – Enforcement

Enforcement

4 A failure to comply with a provision of this

Part is to be treated as though it were

a failure to comply with the Manufactured Home Park Tenancy Act .

Appendix 3

1 Effective on the date this regulation is deposited under the Regulations Act,

item 23 in

Schedule 2 of the COVID-19 Related Measures Act, S.B.C. 2020, c. 8, is

repealed.

2 Effective on the date this regulation is deposited under the Regulations Act,

Schedule 2 is amended

(

a) by striking out the following:

Item

Column 1

( for Item 24 )

EPA Instrument Title

Column 2

( for Item 24 )

EPA

Instrument

Number

and substituting the following:

Item

Column 1

( for Items 24 and following )

EPA Instrument Title

Column 2

( for Items 24 and following )

EPA

Instrument

Number

(

b) by adding " B.C. Reg. 173/2020 " in column 2 for item 24, and

(

c) by adding the following row after the row for item 24:

COVID-19 ( Residential Tenancy Act and

Manufactured Home Park Tenancy Act ) Regulation

3 Effective November 30, 2020, sections 1.07 and 2.07 of the COVID-19 provision

listed as item 25 in

Schedule 2 are repealed.

4 Effective July 10, 2021, sections 1 to 1.06, 1.08, 2, 2.01 to 2.06, 2.08, 3 and

4 of the COVID-19 provision listed as item 25 in

Schedule 2 are repealed.

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