Bill 201 (Legislature 24, Session 3)

L24 S3 922

Alberta — Bills

1 9 9 9 B ILL 20 1 TH E LEG ISLA TIV E A SSEM B LY O F A LB ER TA BILL 201 TENANCIES STATUTES AMENDMENT ACT, 1999 MR. STRANG First R eading Second R eading Third Session, 24 th Legislature, 48 Elizabeth II C om m ittee of the W hole Third R eading R oyal A ssent

Bill 201 Mr. Strang B ILL 201 1999 TENANCIES STATUTES AMENDMENT ACT, 1999 (Assented to , 1999) H ER M A JESTY , by and w ith the advice and consent of the Legislative A ssem bly of A lberta, enacts as follow s: Mobile Home Sites Tenancies Act A m ends S A 1982 cM -18.5 1(1) The M obile H om e Sites Tenancies A ct is amended by this section.

(2) Section 4.1 is amended by adding the following after subsection (3): (4 ) N o landlord shall term inate a periodic tenancy solely on the basis that a tenant has vacated the tenant’s m obile hom e site pursuant to an order issued under

section 72 of the Public Health Act w here the order is issued due to

an act or om ission by the landlord.

(3) The following is added after

section 25: O rders under P ublic H ealth A ct 25.1(1) N o landlord shall consider a tenancy agreem ent repudiated solely because a tenant has vacated the tenant’s m obile hom e site due to an order issued under

section 72 of the Public Health Act.

(2) Section 4 .1 (4 ) and subsection (1 ) cease to apply 30 days from the date the landlord provides notice to the tenant that the landlord has com plied w ith the requirem ents of the order issued under

section 72 of the Public Health Act. 1

Explanatory Notes Mobile Home Sites Tenancies Act 1 (1 ) A m ends

chapter M -1 8.5 of the Statutes of A lberta, 1 9 82.

(2) Section 4 .1 (3) presently reads:

(3) No landlord shall terminate a periodic tenancy for the reason that the tenant (

a) made an application or filed a statement under this Act, or (

b) made a complaint, assisted in an investigation or inquiry or gave evidence at a hearing under this Act or the Public Health Act.

(3) O rders under Public Health Act. 1 Explanatory N otes

(3) A tenant is not liable to pay rent from the date the tenant vacates the tenant’s m obile hom e site pursuant to an order under

section 72 of the Public Health Act until the date the landlord provides notice to the tenant under subsection (2).

(4) This

section only applies w here the order under

section 72 of the Public Health Act is issued due to

an act or om ission of the landlord.

(4) Section 34 is amended by renumbering it as

section 34(1) and by adding the following after subsection (1):

(2) W hen an order is issued under

section 72 of the Public Health Act w hich (

a) requires a tenant to vacate the tenant’s m obile hom e site, and (

b) is issued due to

an act or om ission of the landlord, the tenant m ay term inate the tenancy.

(5) Section 55(1) is amended (

a) in clause (

a) by striking out “4 .1 (3),’’ and substituting “4 .1 (3) or (4),”; and (

b) by adding “25.1(1),” after “22(2.1), ”. 2

(4 )

Section 34 presently reads: 34 If a landlord commits a breach of a tenancy agreement or contravenes this Act, the tenant may apply to a court for one or more of the following remedies: (

a) recovery of damages resulting from the breach or contravention; (

b) abatement of rent to the extent that the breach or contravention deprives the tenant of the benefit of the tenancy agreement; (

c) compensation for the cost of performing the landlord’s obligations; (

d) termination of the tenancy by reason of the breach or contravention if in the opinion of the court the breach or contravention is of such significance that the tenancy should be terminated.

(5) Section 55(1 ) presently reads: 55(1) A person who contravenes (

a) section 4.1(3), 17.1, 21, 22(2.1), 42, 42.1, 43 or 44(1) or (4.1), (

b) the regulations, or (

c) an order of a court made under this Act is guilty of an offence and liable to a fine of not more than $5000. 2 Explanatory N otes

Residential Tenancies Act A m ends R S A 1980 cR -15.3 2(1) The R esidential Tenancies A ct is amended by this section.

(2) Section 4.1 is amended by adding the following after subsection (3):

(4) N o landlord shall term inate a periodic tenancy solely on the basis that a tenant has vacated the tenant’s prem ises pursuant to an order issued under

section 72 of the Public Health Act w here the order is issued due to

an act or om ission by the landlord.

(3) The following is added after

section 28.1: O rders under P ublic H ealth A ct 28.2(1) N o landlord shall (

a) issue a notice to vacate, or (

b) consider a residential tenancy agreem ent repudiated, solely because a tenant has vacated the tenant’s prem ises due to an order issued under

section 72 of the Public Health Act.

(2) Section 4 .1 (4 ) and subsection (1 ) cease to apply 30 days from the date the landlord provides notice to a tenant that the landlord has com plied w ith the requirem ents of the order issued under

section 72 of the Public Health Act.

(3) A tenant is not liable to pay rent from the date the tenant vacates the tenant’s prem ises pursuant to an order issued under

section 72 of the Public Health Act until the date the landlord provides notice to the tenant under subsection (2).

(4) This

section only applies w here the order under

section 72 of the Public Health Act is issued due to

an act or om ission by the landlord.

(4) Section 29 is amended by renumbering it as

section 29(1) and by adding the following after subsection (1):

(2) W hen an order is issued under

section 72 of the Public Health Act w hich (

a) requires a tenant to vacate the tenant’s prem ises, and 3

Residential Tenancies Act 2(1 ) A m ends

chapter R -1 5.3 of the R evised Statutes of A lberta, 1 9 80 .

(2) Section 4 .1 (3) presently reads:

(3) No landlord shall terminate a periodic tenancy for the reason that the tenant (

a) made an application or filed a statement under this Act, or (

b) made a complaint, assisted in an investigation or inquiry or gave evidence at a hearing under this Act or the Public Health Act.

(3) O rders under Public Health Act. (4 )

Section 29 presently reads: 29 If a landlord commits a breach of a residential tenancy agreement or contravenes this Act, the tenant may apply to a court for one or more of the following remedies: (

a) recovery of damages resulting from the breach or contravention; 3 Explanatory N otes

(

b) is issued due to

an act or om ission of the landlord, the tenant m ay term inate the tenancy.

(5) Section 50(1) is amended (

a) in clause (

a) by striking out “4 .1 (3),” and substituting “4 .1 (3) or (4 ),” ; and (

b) by adding “28.2(1),” after “18,”. Coming into Force 3 This Act comes into force on Proclamation. 4

(

b) abatement of rent to the extent that the breach or contravention deprives the tenant of the benefit of the tenancy agreement; (

c) compensation for the cost of performing the landlord's obligations; (

d) termination of the tenancy by reason of the breach or contravention if in the opinion of the court the breach or contravention is of such significance that the tenancy should be terminated.

(5) Section 50(1) presently reads: 50(1) A person who contravenes (

a) section 4.1(3), 15.1, 17, 18, 37, 37.1(1) or (3), 38 or 39(1) or (4. 1), (

b) the regulations, or (

c) an order of a court made under this Act is guilty of an offence and liable to a fine of not more than $5000. 3 Coming into force. Title: 1999 (24th, 3rd) Bill 201, Tenancies Statutes Amendment Act, 1999 Coming into Force 4 Explanatory Notes

Document details

Collection	Alberta — Bills
Citation	L24 S3 922
Type	bill
Volume / chapter	L24 S3 922
Language	en
Format	json
Source	PROVINCIAL
Identifier	64584b70bd05c906252c47d0437c1ffc6e4df4d7

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