Prescribed Petroleum Products Prices (N.S. Reg. 173/2012) (just regulations rg2 2012 oc0512)
N.S. Reg. 173/2012
Nova Scotia — Gazette
Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 36, No. 20 October 5, 2012 Contents Act Reg. No. Page Dairy Industry Act F l u i d D a i r y P r i c i n g R e g u l a t i o n s – a m e n d m e n t ................................... 174/2012 534 Justice Administration
(2012) Act Proclamation of Act, S. 29, S.N.S. 2012, c. 8–S. 20 to 28 .......................... 179/2012 593 Motor Vehicle Act M o t o r V e h i c l e A p p e a l B o a r d P r o c e d u r e s R e g u l a t i o n s ............................181/2012 596 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 173/2012 532 Prescribed Petroleum Products Prices ......................................... 175/2012 535 Prescribed Petroleum Products Prices ......................................... 176/2012 537 Residential Tenancies Act Proclamation of amendments to Act, S. 24, S.N.S. 2010, c. 72 & S. 7, S.N.S. 2011, c. 70 ................................................... 177/2012 539 R e s i d e n t i a l T e n a n c i e s R e g u l a t i o n s – a m e n d m e n t .................................178/2012 540 Theatres and Amusements Act T h e a t r e s a n d A m u s e m e n t s R e g u l a t i o n s – a m e n d m e n t..............................180/2012 594 In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act.
The date a regulation is made, the date a regulation is approved, the date a regulation is filed and any date specified in a regulation are important to determine when the regulation is in force. *Date that subsections 3(6) and (7) and Sections 11 and 13 of the Regulations Act and amendments to the Regulations Act made by
Chapter 46 of the Acts of 2004 were proclaimed in force. © NS Registry of Regulations. Web version. 531
N.S. Reg. 173/2012 Royal Gazette
Part II - Regulations Vol. 36, No. 20 N.S. Reg. 173/2012 Made: September 13, 2012 Filed: September 17, 2012 Prescribed Petroleum Products Prices Order dated September 13, 2012 made by the Nova Scotia Utility and Review Board pursuant to
Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order NSUARB-GAS-W-12-37 In the Matter of the Petroleum Products Pricing Act - and - In the Matter of Prescribing Prices for Petroleum Products pursuant to
Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Murray E. Doehler, CA, P. Eng., Member Order
Whereas the purpose of the Petroleum Products Pricing Regulations is to ensure just and reasonable prices for specified petroleum products taking into consideration the objectives of preserving the availability of such products in rural areas, stabilizing prices of such products and minimizing the variances in prices of such products across the Province; And
whereas the Nova Scotia Utility and Review Board (“Board”) considered the manner in which it would proceed to set petroleum prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And
whereas the Board revised the retail margin and transportation allowance effective January 6, 2012, in its decision, 2011 NSUARB 181, issued on November 23, 2011; And
whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended September 12, 2012, are: Grade 1 Regular gasoline 86.6¢ per litre Ultra-low-sulfur diesel oil 84.2¢ per litre
Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 86.6¢ per litre Grade 2 89.6¢ per litre Grade 3 92.6¢ per litre Ultra-low-sulfur diesel oil 84.2¢ per litre And
now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: plus 1.3¢ per litre Ultra-low-sulfur diesel oil: plus 0.7¢ per litre And
now therefore the Board prescribes the prices for petroleum products as set forth in
Schedule “A” effective on and after 12:01 a.m., September 14, 2012. Dated at Halifax, Nova Scotia, this 13th day of September, 2012. Sgd: Elaine Wagner Clerk of the Board 532 © NS Registry of Regulations. Web version.
N.S. Reg. 173/2012 Royal Gazette
Part II - Regulations Vol. 36, No. 20
Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on September 14, 2012 Nova Scotia Petroleum Price
Schedule Petroleum Prices in Cents/Litre Self-Service Pump Prices Full-Service Pump Prices (Pump Prices includes 15% HST) Base Wholesale Price Fed. Excise Tax Prov.
Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 94.4 97.4 100.4 91.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 119.9 122.9 125.9 110.8 143.4 146.9 150.3 132.9 145.5 148.9 152.4 135.0 143.4 146.9 150.3 132.9 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 94.9 97.9 100.9 91.9 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 120.4 123.4 126.4 111.3 144.0 147.4 150.9 133.5 146.1 149.5 153.0 135.6 144.0 147.4 150.9 133.5 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 95.3 98.3 101.3 92.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 120.8 123.8 126.8 111.7 144.4 147.9 151.3 134.0 146.5 150.0 153.4 136.0 144.4 147.9 151.3 134.0 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 95.4 98.4 101.4 92.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 120.9 123.9 126.9 111.8 144.6 148.0 151.5 134.1 146.6 150.1 153.5 136.2 144.6 148.0 151.5 134.1 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 95.4 98.4 101.4 92.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 120.9 123.9 126.9 111.8 144.6 148.0 151.5 134.1 146.6 150.1 153.5 136.2 144.6 148.0 151.5 134.1 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 96.1 99.1 102.1 93.1 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 121.6 124.6 127.6 112.5 145.4 148.8 152.3 134.9 147.4 150.9 154.3 137.0 145.4 148.8 152.3 134.9 999.9 999.9 999.9 999.9 © NS Registry of Regulations.
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N.S. Reg. 174/2012 Royal Gazette
Part II - Regulations Vol. 36, No. 20 N.S. Reg. 174/2012 Made: September 12, 2012 Filed: September 19, 2012 Fluid Dairy Pricing Regulations Order dated September 12, 2012 Amendment to regulations made by the Natural Products Marketing Council pursuant to
Section 9 of the Dairy Industry Act Natural Products Marketing Council I certify that the Natural Products Marketing Council, pursuant to
Section 9 of
Chapter 24 of the Acts of 2000, the Dairy Industry Act, at its meeting on September 12, 2012, carried a motion to amend the Fluid Dairy Pricing Regulations, N.S. Reg. 95/2003, made by the Natural Products Marketing Council on April 8, 2003, in the manner set forth in the attached
Schedule “A”, effective on and after September 12, 2012. Signed at Truro, in the County of Colchester, Nova Scotia on September 13, 2012. Natural Products Marketing Council per: E. A. Crouse Elizabeth A. Crouse General Manager
Schedule “A” Amendment to the Fluid Dairy Pricing Regulations made by the Natural Products Marketing Council under clauses 9(
c) and (
d) of
Chapter 24 of the Acts of 2000, the Dairy Industry Act 1 Clause 2(
a) of the Fluid Dairy Pricing Regulations, N.S. Reg. 95/2003, made by the Natural Products Marketing Council on April 8, 2003, is amended by adding the following row immediately under the row beginning “250 ml”: 200 ml .36 2 Clause 2(
b) of the regulations is amended by adding the following row immediately under the row beginning “250 ml”: 200 ml .36 3 Clause 2(
c) of the regulations is amended by adding the following row immediately under the row beginning “250 ml”: 200 ml .36 4 Clause 2(
d) of the regulations is amended by adding the following row immediately under the row beginning “250 ml”: 200 ml .42 534 © NS Registry of Regulations. Web version.
N.S. Reg. 174/2012 - 175/2012 Royal Gazette
Part II - Regulations Vol. 36, No. 20 5 Clause 2(
i) of the regulations is amended by adding the following row immediately under the row beginning “250 ml”: 200 ml .44 N.S. Reg. 175/2012 Made: September 19, 2012 Filed: September 24, 2012 Prescribed Petroleum Products Prices Order dated September 19, 2012 made by the Nova Scotia Utility and Review Board pursuant to
Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order NSUARB-GAS-W-12-38 In the Matter of the Petroleum Products Pricing Act - and - In the Matter of Prescribing Prices for Petroleum Products pursuant to
Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Peter W. Gurnham, Q.C., Chair Order
Whereas the purpose of the Petroleum Products Pricing Regulations is to ensure just and reasonable prices for specified petroleum products taking into consideration the objectives of preserving the availability of such products in rural areas, stabilizing prices of such products and minimizing the variances in prices of such products across the Province; And
whereas the Nova Scotia Utility and Review Board (“Board”) considered the manner in which it would proceed to set petroleum prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And
whereas the Board revised the retail margin and transportation allowance effective January 6, 2012, in its decision, 2011 NSUARB 181, issued on November 23, 2011; And
whereas the Board has determined that due to a significant drop in the price of gasoline it is appropriate to adjust the weekly price most recently prescribed by the Board;
Now therefore the Board prescribes the benchmark price for gasoline products to be: Gasoline: Grade 1 82.6¢ per litre Grade 2 85.6¢ per litre Grade 3 88.6¢ per litre And
now therefore the Board has determined that no forward averaging correction should be applied; And
now therefore the Board prescribes the prices for petroleum products as set forth in
Schedule “A” effective on and after 12:01 a.m., September 20, 2012. © NS Registry of Regulations. Web version. 535
N.S. Reg. 175/2012 Royal Gazette
Part II - Regulations Vol. 36, No. 20 Dated at Halifax, Nova Scotia, this 19th day of September, 2012. Sgd: Elaine Wagner Clerk of the Board
Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on September 20, 2012 Nova Scotia Petroleum Price
Schedule Petroleum Prices in Cents/Litre Self-Service Pump Prices Full-Service Pump Prices (Pump Prices includes 15% HST) Base Wholesale Price Fed. Excise Tax Prov.
Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 89.1 92.1 95.1 91.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 114.6 117.6 120.6 110.8 137.3 140.8 144.2 132.9 139.4 142.8 146.3 135.0 137.3 140.8 144.2 132.9 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 89.6 92.6 95.6 91.9 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 115.1 118.1 121.1 111.3 137.9 141.3 144.8 133.5 140.0 143.4 146.9 135.6 137.9 141.3 144.8 133.5 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 90.0 93.0 96.0 92.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 115.5 118.5 121.5 111.7 138.3 141.8 145.2 134.0 140.4 143.9 147.3 136.0 138.3 141.8 145.2 134.0 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 90.1 93.1 96.1 92.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 115.6 118.6 121.6 111.8 138.5 141.9 145.4 134.1 140.5 144.0 147.4 136.2 138.5 141.9 145.4 134.1 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 90.1 93.1 96.1 92.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 115.6 118.6 121.6 111.8 138.5 141.9 145.4 134.1 140.5 144.0 147.4 136.2 138.5 141.9 145.4 134.1 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 90.8 93.8 96.8 93.1 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 116.3 119.3 122.3 112.5 139.3 142.7 146.2 134.9 141.3 144.8 148.2 137.0 139.3 142.7 146.2 134.9 999.9 999.9 999.9 999.9 536 © NS Registry of Regulations.
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N.S. Reg. 176/2012 Royal Gazette
Part II - Regulations Vol. 36, No. 20 N.S. Reg. 176/2012 Made: September 20, 2012 Filed: September 24, 2012 Prescribed Petroleum Products Prices Order dated September 20, 2012 made by the Nova Scotia Utility and Review Board pursuant to
Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order NSUARB-GAS-W-12-39 In the Matter of the Petroleum Products Pricing Act - and - In the Matter of Prescribing Prices for Petroleum Products pursuant to
Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Peter W. Gurnham, Q.C., Chair Order
Whereas the purpose of the Petroleum Products Pricing Regulations is to ensure just and reasonable prices for specified petroleum products taking into consideration the objectives of preserving the availability of such products in rural areas, stabilizing prices of such products and minimizing the variances in prices of such products across the Province; And
whereas the Nova Scotia Utility and Review Board (“Board”) considered the manner in which it would proceed to set petroleum prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And
whereas the Board revised the retail margin and transportation allowance effective January 6, 2012, in its decision, 2011 NSUARB 181, issued on November 23, 2011; And
whereas the average of the average of the daily high and low reported product prices (in Canadian cents) since the last price setting are: Grade 1 Regular gasoline 77.5¢ per litre Ultra-low-sulfur diesel oil 82.7¢ per litre
Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 77.5¢ per litre Grade 2 80.5¢ per litre Grade 3 83.5¢ per litre Ultra-low-sulfur diesel oil 82.7¢ per litre And
now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: plus 2.5¢ per litre Ultra-low-sulfur diesel oil: minus 0.8¢ per litre And
now therefore the Board prescribes the prices for petroleum products as set forth in
Schedule “A” effective on and after 12:01 a.m., September 21, 2012. Dated at Halifax, Nova Scotia, this 20th day of September, 2012. Sgd: Elaine Wagner Clerk of the Board © NS Registry of Regulations. Web version. 537
N.S. Reg. 176/2012 Royal Gazette
Part II - Regulations Vol. 36, No. 20
Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on September 21, 2012 Nova Scotia Petroleum Price
Schedule Petroleum Prices in Cents/Litre Self-Service Pump Prices Full-Service Pump Prices (Pump Prices includes 15% HST) Base Wholesale Price Fed. Excise Tax Prov.
Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 86.5 89.5 92.5 88.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 112.0 115.0 118.0 107.8 134.3 137.8 141.2 129.5 136.4 139.8 143.3 131.6 134.3 137.8 141.2 129.5 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 87.0 90.0 93.0 88.9 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 112.5 115.5 118.5 108.3 134.9 138.3 141.8 130.1 137.0 140.4 143.9 132.1 134.9 138.3 141.8 130.1 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 87.4 90.4 93.4 89.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 112.9 115.9 118.9 108.7 135.4 138.8 142.3 130.5 137.4 140.9 144.3 132.6 135.4 138.8 142.3 130.5 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 87.5 90.5 93.5 89.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 113.0 116.0 119.0 108.8 135.5 138.9 142.4 130.6 137.5 141.0 144.4 132.7 135.5 138.9 142.4 130.6 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 87.5 90.5 93.5 89.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 113.0 116.0 119.0 108.8 135.5 138.9 142.4 130.6 137.5 141.0 144.4 132.7 135.5 138.9 142.4 130.6 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 88.2 91.2 94.2 90.1 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 113.7 116.7 119.7 109.5 136.3 139.7 143.2 131.4 138.3 141.8 145.2 133.5 136.3 139.7 143.2 131.4 999.9 999.9 999.9 999.9 538 © NS Registry of Regulations.
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N.S. Reg. 177/2012 Royal Gazette
Part II - Regulations Vol. 36, No. 20 N.S. Reg. 177/2012 Made: September 25, 2012 Filed: September 25, 2012 Proclamation, S. 24, S.N.S. 2010, c. 72 & S. 7, S.N.S. 2011, c. 70 Order in Council 2012-302 dated September 25, 2012 Proclamation made by the Governor in Council pursuant to Sections 24 & 7 of
An Act to Amend
Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act, S.N.S. 2010, c. 72 & S.N.S. 2011, c. 70 The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated August 28, 2012, and pursuant to
Section 24 of
Chapter 72 of the Acts of 2010,
An Act to Amend
Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act, and
Section 7 of
Chapter 70 of the Acts of 2011,
An Act to Amend
Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act, is pleased to order and declare by proclamation that
Chapter 72 of the Acts of 2010,
An Act to Amend
Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act and
Chapter 70 of the Acts of 2011,
An Act to Amend
Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act do come into force on and not before November 15, 2012. PROVINCE OF NOVA SCOTIA sgd: J. J. Grant G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION
WHEREAS in and by
Section 24 of
Chapter 72 of the Acts of 2010,
An Act to Amend
Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act, it is enacted as follows: 24 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND
WHEREAS in and by
Section 7 of
Chapter 70 of the Acts of 2011,
An Act to Amend
Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act, it is enacted as follows: 7 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND
WHEREAS it is deemed expedient that
Chapter 72 of the Acts of 2010,
An Act to Amend
Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act and
Chapter 70 of the Acts of 2011,
An Act to Amend
Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act, do come into force on and not before November 15, 2012; © NS Registry of Regulations. Web version. 539
N.S. Reg. 177/2012 - 178/2012 Royal Gazette
Part II - Regulations Vol. 36, No. 20 NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that
Chapter 72 of the Acts of 2010,
An Act to Amend
Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act and
Chapter 70 of the Acts of 2011,
An Act to Amend
Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act, do come into force on and not before November 15, 2012, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved His Honour Brigadier-General, the Honourable J. J. Grant (Retired), Lieutenant Governor of the Province of Nova Scotia.
AT Our Government House in the Halifax Regional Municipality, this 25th day of September in the year of Our Lord two thousand and twelve and in the sixty-first year of Our Reign. BY COMMAND: sgd: Ross Landry Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 178/2012 Made: September 25, 2012 Filed: September 25, 2012 Residential Tenancies Regulations Order in Council 2012-303 dated September 25, 2012 Amendment to regulations made by the Governor in Council pursuant to
Section 26 of the Residential Tenancies Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated August 28, 2012, and pursuant to
Section 26 of
Chapter 401 of the Revised Statutes of Nova Scotia, 1989, the Residential Tenancies Act, is pleased to amend the Residential Tenancies Regulations, N.S. Reg. 190/89, made by the Governor in Council by Order in Council 89-1118 dated September 26, 1989, in the manner set forth in
Schedule “A” attached to and forming part of the report and recommendation, effective on and after November 15, 2012. 540 © NS Registry of Regulations. Web version.
N.S. Reg. 178/2012 Royal Gazette
Part II - Regulations Vol. 36, No. 20
Schedule “A” Amendment to the Residential Tenancies Regulations made by the Governor in Council under
Section 26 of
Chapter 401 of the Revised Statutes of Nova Scotia, 1989, the Residential Tenancies Act 1 Subsection 1(1) of the Residential Tenancies Regulations, N.S. Reg. 190/89, made by the Governor in Council by Order in Council 89-1118 dated September 26, 1989, is amended by re-lettering clauses (aa), (
b) and (
c) as clauses (d), (
e) and (
f) respectively, and adding the following clauses immediately after clause (a): (b) “Act” means the Residential Tenancies Act; (c) “annual allowable rent increase amount” means th e amount that must not be exceeded when a landlord of a land-lease community imposes a rent increase, as referred to in subsection 11B(1) of the Act and calculated in accordance with
Section 25B of these regulations; 2 The regulations are further amended by adding th e following Sections immediately after
Section 1: Sublease or assignment fee 2 For the purpose of subsection 6(3) of the Act, a landlord may charge a sum not exceeding $75.00 for expenses actually incurred in respect of a sublease or an assignment.
Landlord’s consent to proposed purchaser of manufactured home becoming tenant 3( 1 ) In this Section, “application for consent” means a tenant’s written application to their landlord under Statutory Condition 1A of subsection 9(2) of the Act on behalf of a proposed purchaser of the tenant’s manufactured home; and “proposed purchaser” means a person who wishes to acquire title to or possession of a manufactured home and wishes to become a tenant of the manufactured home space upon which the manufactured home is located.
(2) If a tenant intends to apply for their landlord’s consent to assign their current lease to a proposed purchaser, the tenant shall, before submitting the application for consent, provide all of the following information to the proposed purchaser: (
a) a copy of the landlord’s reasonable rules that form part of the tenant’s lease; (
b) a copy of any part of the tenant’s lease that is in writing; (
c) the amount of the tenant’s current rent payable; (
d) the date of the tenant’s last rent increase and the rent increase amount.
(3) An application for consent shall include all of the following information: (
a) the address of the manufactured home space upon which the manufactured home is located; © NS Registry of Regulations. Web version. 541
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Part II - Regulations Vol. 36, No. 20 (
b) the name, telephone number and mailing address of the tenant making the application for consent; (
c) the name, telephone number and current ci vic address of the proposed purchaser and the name and telephone number of the landlord, if any, for that address; (
d) the mailing address of the proposed purchaser, if different from the current civic address provided under clause (c); (
e) if the proposed purchaser has been at their cu rrent civic address for less than 2 years, the previous civic address of the proposed purchaser and the name and telephone number of the landlord, if any, for that address; (
f) the names and telephone numbers of 2 pe rsonal references for the proposed purchaser; (
g) whether the application for consent is for (
i) the landlord’s consent for the landlord to enter into a new lease with the proposed purchaser, or (ii) the landlord’s consent for the tenant to assign the tenant’s current lease to the proposed purchaser; (
h) the proposed effective date for the new l ease or for the assignment of the tenant’s current lease to the proposed purchaser; (
i) the signed consent of the proposed purchaser authorizing the landlord to do all of the following for the purpose of verifying or obtaining information relevant to the application for consent: (
i) contact the other landlords whose names are provided under clauses (
c) and (e), (ii) contact the personal references whose names are provided under clause (f), (iii) verify the income of and obtain a credit report on the proposed purchaser; (
j) if the application for consent is for consen t to have the tenant’s current lease assigned to the proposed purchaser, a statement, signed by the proposed purchaser, acknowledging that the proposed purchaser has received the information required by subsection (2).
(4) A tenant shall serve an application for consent on their landlord by personal service, registered mail or substituted service authorized by the Director under subsection 25(3) of these regulations.
(5) For greater certainty, for the purposes of Statutory Condition 1D of subsection 9(2) of the Act, the landlord shall, within 10 days of receipt of an application for consent, consent to the request or set out the reasons why consent is being withheld, failing which the landlord is deemed to have given consent, even if a tenant’s application for consent does not include all of the information required by subsection (3).
(6) If a landlord withholds consent under Statutory Condition 1D of subsection 9(2) of the Act, the landlord’s written response shall indicate 542 © NS Registry of Regulations. Web version.
N.S. Reg. 178/2012 Royal Gazette
Part II - Regulations Vol. 36, No. 20 (a) 1 or more of the reasons set out in subsection (7) why the landlord is withholding consent; and (
b) the source and nature of the info rmation that supports those reasons.
(7) For the purposes of Statutory Condition 1D of subsection 9(2) of the Act, a landlord may withhold consent to a tenant’s application for consent only for 1 or more of the following reasons: (
a) the tenant did not provide all of the in formation required by subsection 3(3) of these regulations; (
b) the landlord, on the basis of relevant in formation, has reasonable grounds to conclude that the proposed purchaser is unlikely to comply with the lease or the landlord’s reasonable rules that form part of the lease; (
c) the landlord, on the basis of relevant in formation, has reasonable grounds to conclude that the proposed purchaser is unable or unlikely to pay the rent; (
d) the proposed purchaser does not intend to reside in the manufactured home and (
i) intends to use the manufactured home for business purposes, or (ii) has purchased more than 1 manufactured home in the landlord’s land-lease community; (
e) the manufactured home has been removed from the manufactured home space or destroyed; (
f) the landlord, as a result of being unable to contact 1 or more references provided under clause 3(3)(
f) of these regulations, has insufficient information to make a decision about the request, but only if the landlord (
i) promptly advised the tenant of his or her inability to contact 1 or more of those references, and (ii) made every reasonable effort to contact those references and any references provided by the tenant in place of those references; (
g) the tenant owes the landlord arrears of re nt or an amount due under an order of the Director or Small Claims Court; (
h) the manufactured home does not comply with municipal by-laws in respect of the manufactured home or the manufactured home space; (
i) the manufactured home does not comply w ith the landlord’s reasonable rules forming part of the lease. Tenant’s notice to quit under subsection 10(1) or (3) of Act 4 A notice to quit given by a tenant to a landlord under subsection 10(1) or 10(3) of the Act must be in Form C: Tenant’s Notice to Quit. © NS Registry of Regulations. Web version. 543
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Part II - Regulations Vol. 36, No. 20 Landlord’s notice to quit for rental arrears under subsection 10(6) of Act 4A A notice to quit for rental arrears given by a landlord to a tenant under subsection 10(6) of the Act must be in Form D: Landlord’s Notice to Quit for Rental Arrears. Landlord’s notice to quit for breach of statutory condition under subsections 10(7B) and (7C) of Act 4B A notice to quit for breach of a statutory condition given by a landlord to a tenant under subsections 10(7B) and 10(7C) of the Act must be in Form E: Landlord’s Notice to Quit–Breach of Statutory Condition. Landlord’s notice to quit under subsection 10(7) or (7A), clause 10(8)(a), (
b) or (
c) or clause 10(9)(
c) of Act 4C A notice to quit given by a landlord to a tenant under subsection 10(7) or (7A), clause 10(8)(a), (
b) or (c), or clause 10(9)(
c) of Act must be in Form F: Landlord’s Notice to Quit–Additional Circumstances. Tenant’s notice to quit for early termination under
Section 10B, 10C or 10D of Act 4D A notice to quit given by a tenant to a landlord under
Section 10B, 10C or 10D of the Act must be in Form G: Tenant’s Notice to Quit–Early Termination of Tenancy. Physician’s certificate 4E A certificate of a medical practitioner under
Section 10B or 10C of the Act must be in Form H: Physician’s Certificate. Proof of service of tenants for early termination under
Section 10B, 10C or 10D of Act 4F A tenant who terminates their tenancy early under
Section 10B, 10C or 10D of the Act shall use 1 of the following forms for giving their landlord the required proof of service that a copy of a notice to quit was served on all the tenants in the same residential premises: (
a) an acknowledgment of service signed by each tenant in the same residential premises in the form attached to Form G: Tenant’s Notice to Quit–Early Termination of Tenancy; (
b) a sworn affidavit of service for each tenant in the same residential premises in the form attached to Form G: Tenant’s Notice to Quit–Early Termination of Tenancy. Proof of acceptance into nursing home or home for special care 4G For the purpose of
Section 10D of the Act, the proof of acceptance to be given by the tenant to the landlord is a letter from the nursing home or home for special care confirming that the tenant has been accepted into the nursing home or home for special care on a permanent basis. Notice to quit by personal representative under
Section 10E of Act 4H A notice to quit given by the tenant’s personal representative under
Section 10E of the Act must be in Form I: Notice to Quit–Early Termination of Tenancy by Personal Representative. Establishing common anniversary date for housing associations 4I
(1) For the purpose of subsection 11(2A) of the Act, if a landlord that is a housing association within the meaning of the Co-operative Associations Act wishes to establish a common anniversary date for the increase of rent payable by tenants, the landlord shall give the tenants a notice in writing stating the common anniversary date.
(2) The notice referred to in subsection (1) must be given to the tenants at least 4 months before the common anniversary date. 544 © NS Registry of Regulations. Web version.
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Section 5 of the regulations is amended by (
a) striking out “and” in clause (b); (
b) adding “and” after the semicolon at the end of clause (c); and (
c) adding the following clause immediately after clause (c): (
d) January 1, 2013, at the rate of zero percent per annum; 4 The regulations are further amended by adding the heading “ Inventory of abandoned personal property” immediately before
Section 23. 5 Subsection 24(2) of the regulations is amended by striking out “mobile” and substituting “manufactured”. 6 The regulations are further amended by striking out “mobile” wherever it appears in
Section 24A and its heading and substituting in each case “manufactured”. 7 The regulations are further amended by adding th e following Sections immediately after
Section 24B: Application to Director under subsection 13(1) of Act 24C An application to the Director under subsection 13(1) of the Act, other than an application referred to in
Section 24D of these regulations, must be in Form J: Application to Director. Application to Director respecting rental arrears under subsections 10(6D) and (6E) and
Section 13 of Act 24D An application to the Director under subsections 10(6D) and (6E) and
Section 13 of the Act must be in Form K: Application to Director–Rental Arrears. 8 (1) Subsection 25(4) of the regulations is amende d by striking out “Form “G”“ and substituting “Form L: Affidavit of Service”. (2) Subsection 25(5) of the regulations is repealed. 9 The regulations are further amended by adding th e following Sections immediately after
Section 25: Notice of rent increase for manufactured home space 25A A notice of rent increase for a manufactured home space under subsection 11A(1) of the Act must be in Form M: Notice of Rent Increase for Manufactured Home Space. Annual allowable rent increase amount in land-lease communities 25B
(1) In this Section, “Consumer Price Index” means the all-items Consumer Price Index for Nova Scotia, not seasonally adjusted, published by Statistics Canada.
(2) For the purpose of subsection 11B(1) of the Act, a landlord of a land-lease community shall not impose a rent increase in the land-lease community by an amount that is greater than the annual allowable rent increase amount calculated in accordance with subsection (3) and published by Service Nova Scotia and Municipal Relations on its website by March 1 of the preceding year.
(3) The formula for calculating the annual allowable rent increase amount is (X + Y) ÷ 2, in which, subject to subsection (4), © NS Registry of Regulations. Web version. 545
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a) X = the annual average percentage change for the Consumer Price Index for the calendar year that immediately precedes the date the annual allowable rent increase amount is published in accordance with subsection (2); and (
b) Y = the annual average percentage change for the Consumer Price Index for the calendar year that immediately precedes the calendar year referred to in clause (a).
(4) If the annual average percentage change for 1 of the calendar years referred to in the formula in subsection (3) is a negative value, the annual average percentage change to be used for that calendar year in calculating the annual allowable rent increase amount is 0.0 %.
(5) For greater certainty, an annual allowable rent increase amount is valid for rent increases with an effective date from January 1 to December 31 of the calendar year following the date the amount is published in accordance with subsection (2).
(6) Despite subsections (2) and (3), if, after the date this
Section comes into force, a landlord of a land-lease community gives a tenant notice of a rent increase that has an effective date during the 2013 calendar year, the annual allowable rent increase amount for that increase is 3.0%, which in accordance with subsection 11B(1) of the Act is the maximum amount that the landlord may impose for that rent increase.
When rent increase lower than annual allowable rent increase amount 25C A landlord who imposes a rent increase that is less than the annual allowable rent increase amount shall not carry forward the unused portion to apply to a future calendar year, but the landlord may, for the next calendar year, apply to the Director under subsection 11B(2) of the Act and
Section 25D of these regulations for permission to increase rent by an amount that is greater than the annual allowable rent increase amount. Application for rent increase greater than annual allowable rent increase amount 25D
(1) In this Section, “application” means an application to the Director under subsection 11B(2) of the Act by a landlord of a land-lease community for permission to increase rents in the land- lease community by an amount that is greater than the annual allowable rent increase amount.
(2) An application must be in Form N: Application to Director–Rent Increase Greater Than Annual Allowable Rent Increase Amount, and must be filed with the Director together with (
a) a completed Form O: Financial Information in Support of a Rent Increase Greater Than Annual Allowable Rent Increase Amount; and (
b) payment of the application fee set out in
Section 33 of these regulations.
(3) At least 7 months before the tenant’s anniversary date, a landlord shall serve each tenant named in the application with both of the following documents in the manner set out in subsection (4): (
a) a copy of the application; (
b) a Notice of Rent Increase for Manufactured Home Space in Form M. 546 © NS Registry of Regulations. Web version.
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(4) A landlord shall serve the documents referred to in subsection (3) on each tenant named in the application by personal service, registered mail or substituted service authorized by the Director under subsection 25(3) of these regulations, and the landlord shall return a copy of the sworn affidavit of service in the form attached to Form N to the Director no later than 14 days after the deadline for service set out in subsection (3).
(5) If the deadline for service set out in subsection (3) is not met or if the documents are not served as required by subsection (4), the application is deemed to be withdrawn with respect to the tenants who were not properly served as required by those subsections.
(6) If a tenant named in an application wishes to review the Form O: Financial Information in Support of a Rent Increase Greater Than Annual Allowable Rent Increase Amount provided by the landlord to the Director, the tenant may contact the Director to make arrangements to review the form.
(7) If a tenant named in an application wishes to make submissions to the Director in response to the application, the tenant shall provide their submissions, in writing, and any supporting documentation to the Director no later than 14 days after the deadline for service set out in subsection (3).
(8) Any submissions provided by a tenant to the Director in accordance with subsection (7) are forwarded by the Director to the landlord.
(9) If a landlord wishes to respond to any submissions made by a tenant, the landlord shall provide their response, in writing, and any supporting documentation to the Director no later than 14 days after receiving the tenant’s submissions from the Director.
(10) The Director may require a landlord to submit additional documentation to support the landlord’s financial information submitted on Form O: Financial Information in Support of a Rent Increase Greater Than Annual Allowable Rent Increase Amount.
(11) In determining the appropriate rent increase amount on an application, the Director shall not conduct an oral hearing but shall consider all of the following: (
a) the application and Form O: Financial In formation in Support of a Rent Increase Greater Than Annual Allowable Rent Increase Amount filed by the landlord; (
b) any written submissions and supporting documentation provided by a tenant under subsection (7); (
c) any written response and supporting docum entation provided by the landlord under subsection (9); (
d) any additional supporting documentation provided by the landlord under subsection (10); (
e) the guidelines set out in Sections 26 to 32 of these regulations.
(12) The Director shall, within a reasonable time frame, make a written order in accordance with
Section 17A of the Act determining the rent increase amount, and the order is mailed to the landlord and to all tenants who are subject to the rent increase amount. © NS Registry of Regulations. Web version. 547
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(13) The Director may do any of the following in an order determining a rent increase amount: (
a) grant the rent increase amount requested by the landlord; (
b) refuse the rent increase amount requested by the landlord; (
c) order some other rent increase amount not exceeding the amount requested by the landlord in the application. 10 The regulations are further amended by striking out the centred heading immediately before
Section 26 and substituting the centred heading “Guidelines for Review of Application for Rent Increase Greater than Annual Allowable Rent Increase Amount for Land-lease Communities”. 11 (1) Subsection 26(1) of the regulations is ame nded by striking out “Section 14 of the Act” and substituting “subsections 11B(2) and (3) of the Act and
Section 25D of these regulations for permission to increase rent in a land-lease community by an amount greater than the annual allowable rent increase amount”. (2) Clause 26(1)(
a) of the regulations is amended by striking out “park” wherever it appears and substituting “land-lease community”. (3) Clause 26(1)(
b) of the regulations is amended by striking out “mobile home park, and where the actual expense is known, that amount will be used” and substituting “land-lease community”. (4) Clause 26(1)(
c) of the regulations is repealed. (5) Subsection 26(2) of the regulations is ame nded by striking out “clauses (1)(
b) and (c),” and substituting “clause (1)(b)”. 12 Sections 27 and 28 of the regulati ons and their headings are repealed and the following headings and Sections substituted: Income and operating expenses 27 The Director shall consider the income and operating expenses referred to in
Section 26 for each of the following periods: (
a) the calendar year that immediately preceded the date the annual allowable rent increase amount was published in accordance with subsection 25B(2) of these regulations; and (
b) the calendar year that immediately preceded the calendar year referred to in clause (a). Expenses included as operating expenses 28 For the purposes of clause 26(
b) and
Section 27 of these regulations, operating expenses include all of the following: (
a) the following general administration and insurance expenses: (
i) management fee, (ii) staff wages, (iii) office supplies and equipment, 548 © NS Registry of Regulations. Web version.
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Part II - Regulations Vol. 36, No. 20 (iv) office utilities, (
v) other fees directly related to business operations, (vi) property and liability insurance; (
b) the following utilities: (
i) water and sewer, (ii) electricity, (iii) oil, (iv) natural gas; (
c) the following grounds and maintenance services expenses: (
i) road maintenance, (ii) common area and playground maintenance, (iii) water and sewer testing and maintenance, (iv) electrical maintenance, (
v) landscaping, (vi) snow removal, (vii) garbage removal; (
d) the following miscellaneous maintenance and services expenses: (
i) general equipment and vehicle maintenance, (ii) pest control, (iii) security; (
e) property taxes; (
f) any operating expense that the Director determines to be reasonable compared to industry norms. 13 The regulations are further amended by adding the following
Section immediately after
Section 28: Unused portion of annual allowable rent increase amount for previous calendar year 28A The Director shall consider any unused portion of the annual allowable rent increase amount for the previous calendar year, but the Director shall not allow any unused portion of an annual allowable rent increase amount for a year that precedes the previous calendar year. 14
(1) Section 29 of the regulations is ame nded by striking out “or increasing expenses”. © NS Registry of Regulations. Web version. 549
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(2) Clause 29(
a) of the regulations is amended by striking out “a submission in response to an application for review of a notice of rent increase” and substituting “an application under subsection 11B(2) of the Act and
Section 25D of these regulations for permission to increase rent in a land-lease community by an amount greater than the annual allowable rent increase amount”.
(3) Clause 29(
d) of the regulations is amended by adding “, unless the Director determines that the expense should be allowed in the circumstances” immediately after “enactment”.
(4) Clause 29(
e) is amended by striking out “mobile home park” and substituting “land-lease community”. 15 Subsection 30(2) of the regulations is amended by (
a) adding “that may be considered by the Director for each of the 2 calendar years that immediately precede the date the annual allowable rent increase amount is published in accordance with subsection 25B(2)” immediately after “fee”; and (
b) striking out “for the twelve month period immediately preceding the date of the notice of rent increase”. 16
Section 32 of the regulations and its heading ar e repealed and the following heading and
Section substituted: Difference between actual and projected capital costs 32 If in a past year the Director allowed a rent increase that was greater than the annual allowable rent increase amount and was based in part or in whole on projected capital costs, the Director shall compare the projected capital costs and the actual capital costs and may consider any difference. 17 The regulations are further amended by (
a) adding “ Fees” as a centred heading immediately after
Section 32; (
b) adding “ for application to Director” immediately after “Fee” in the heading to
Section 33. 18 Sections 34, 35, 36 and 38 of the regulations ar e repealed and the following Sections substituted: Standard form of lease 34 A standard form of lease under subsection 7(2) of the Act and clause 26(1)(
c) of the Act must be in Form P: Standard Form of Lease. Prescribed forms 35 The forms listed in the following table and as attached to these regulations are prescribed to be used for the purposes stated: Form Purpose of Form A Inventory of tenant’s ab andoned personal property under subsection 5(3) of Act and
Section 23 of regulations B Accounting of sale of aba ndoned personal property under
Section 24B of regulations C Tenant’s notice to quit under subsection 10(1) or (3) of Act 550 © NS Registry of Regulations. Web version.
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Part II - Regulations Vol. 36, No. 20 D Landlord’s notice to quit for rental arrears under subsection 10(6) of Act E Landlord’s notice to quit for breach of statutory condition under subsections 10(7B) and 10(7C) of Act F Landlord’s notice to quit under subsection 10(7) or (7A), clause 10(8)(a), (
b) or (
c) or clause 10(9)(
c) of Act G Tenant’s notice to quit for early termination under
Section 10B, 10C or 10D of Act H Physician’s certificate under
Section 10B or 10C of Act I Notice to quit by personal representative under
Section 10E of Act J Application to the Director under
Section 13 of Act K Application to the Director respecting rental arrears under subsections 10(6D) and (6E) and
Section 13 of Act L Affidavit of service under subsection 25(4) of regulations M Notice of rent increase for manufactured home space under subsection 11A(1) of Act N Application to Director under subsection 11B(2) of Act and
Section 25D of regulations for permission to increase rent in land-lease community by amount greater than annual allowable rent increase amount O Financial information in support of rent increase greater than annual allowable rent increase amount under
Section 25D of regulations P Standard form of lease under subsection 7(2) and clause 26(1)(
c) of Act 19 The regulations are further amended by striking out the quotation marks in “Form “A”” and “Form “B”” wherever they occur. 20
Schedule “A” of the regulations is amended by (
a) striking out the quotation marks in “Schedule “A””; and (
b) striking out “mobile home parks” and substituting “land-lease communities”. 21 Form A of the regulations is amended by st riking out “mobile” and substituting “manufactured”. 22
(1) The regulations are further amended by repeali ng Form “C”, Form “D”, Form “E”, Form “G” and Form “H”.
(2) The regulations are further amended by adding the attached Forms C through P immediately after Form B. © NS Registry of Regulations. Web version. 551
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Part II - Regulations Vol. 36, No. 20 Form C Tenant’s Notice to Quit (under subsection 10(1) or 10(3) of the Residential Tenancies Act) To: Landlord’s name: __________________________________________ Address of residential premises: __________________________________________ My tenancy is: (check one) Type of Tenancy Notice to Quit Must be Given by Tenant 9 year to year at least 3 months before the end of any year (see clause 10(1)(
a) of the Act)—a year for this purpose begins on the anniversary date 9 month to month at least 1 month before the end of any month (see clause 10(1)(
b) of the Act) 9 week to week at least 1 week before the end of any week (see clause 10(1)(
c) of the Act) 9 manufactured home space at least 1 month before the termination of the tenancy (see clause 10(3)(
b) of the Act) I give notice that I am terminating my tenancy on ________________ (date: month/day/year) Security deposit return: (check one) 9 I will make arrangements at a future time for the return of my security deposit. 9 Please return my security deposit to me at the forwarding address below: __________________________________________ (street number, street name, apt. number) __________________________________________ (city/town) (province) __________________________________________ (postal code) Date: __________________ Tenant ’s signature: ___________________________ Tenant’s name: ___________________________ (print) Tenant: Keep a copy of this form for your records. 552 © NS Registry of Regulations.
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Part II - Regulations Vol. 36, No. 20 Form D Landlord’s Notice to Quit for Rental Arrears (under subsection 10(6) of the Residential Tenancies Act) To: Tenant’s name(s): __________________________________________ Address of residential premises: __________________________________________ Your tenancy is terminated on ____________________ (termination date: month/day/year) and you must vacate the residential premises by that date for the following reason: Your rent was 15 days overdue as of ________________. Your monthly rent payment of $___________ was due on ________________.
You owe total rental arrears of $__________, calculated as follows: Rent Period Rent Owing $ Rent Paid $ Rental Arrears $ From: To: Total Rental Arrears Owing $ Date: ____________________ Landlord’s name: ________________________ (print) Landlord’s civic address: ________________________ (street number) (street name) ________________________ (city/town) (province) Landlord’s signature: ________________________ Tenants: Please see important information on page 2 of this form. © NS Registry of Regulations. Web version. 553
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Part II - Regulations Vol. 36, No. 20 Important Information for Tenants Within 15 days after receiving this Notice to Quit, you may: (
a) pay the landlord the total rental arrears shown above. If you do so, this Notice to Quit is void and of no effect. OR (
b) apply to the Director for an order setting aside this Notice to Quit by filing an Application to Director in Form J. You may obtain a copy of the Application to Director form at an Access Nova Scotia office or on the Service Nova Scotia and Municipal Relations website.
If you do not pay the rental arrears or file an Application within 15 days after receiving this Notice to Quit, your tenancy is terminated and you must vacate the premises by the termination date shown above, and your landlord may apply to the Director for any one or more of the following: • an order for you to vacate the premises; • an order requiring you to pay your landlord any re nt owing for the month in which this Notice to Quit was given to you and any rental arrears for previous months; • an order permitting your landlord to retain your security deposit and interest to be applied against any rent found to be owing and in arrears.
The Director is authorized to make the order without holding a hearing. (See subsections 10(6A), 10(6B), 10(6C), 10(6D) and 10(6E) of the Act) Landlord: keep a copy of this notice for your records. 554 © NS Registry of Regulations. Web version.
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Part II - Regulations Vol. 36, No. 20 Form E Landlord’s Notice to Quit—Breach of Statutory Condition (under subsections 10(7B) and 10(7C) of the Residential Tenancies Act) To: Tenant’s name: __________________________ Address of residential premises: _____________________________________________ Your tenancy is terminated and you must vacate the premises on _____________________________ (date: month/day/year). I am giving you this notice because you have breached the following statutory condition(s): (check applicable box) 9 Good behaviour (statutory condition 3 of subsection 9(1) of the Act).
Details: _____________________________________________________________ 9 Obligation of the tenant (statutory condition 4 of subsection 9(1) of the Act). Details: ____________________________________________________________ 9 Subletting premises without consent of the landlord (statutory condition 5 of subsection 9(1) of the Act). The unapproved subtenant must also vacate the premises. Details: ____________________________________________________________ 9 Compliance with municipal by-laws in respect of the tenant’s manufactured home in a land-lease community (statutory condition 5 of subsection 9(2) of the Act).
Details: ____________________________________________________________ Date: ____________________ Landlord’s name: _______________________________ (print) Landlord’s civic address: _______________________________ (street number) (street name) _______________________________ (city/town) (province) Landlord’s signature: _______________________________ Landlord: Please Note • You must give at least 30 days’ notice to a tenant in a land-lease community. • You must give at least 15 days’ notice to any other tenant. (See subsections 10(7B) and 10(7C) of the Act.) Important Information for Tenants If you do not agree that you breached the statutory condition, you may file an Application to Director in Form J for an order setting aside this Notice to Quit. (See subsection 10(7D) of the Act) Landlord: keep a copy of this form for your records. © NS Registry of Regulations.
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Part II - Regulations Vol. 36, No. 20 Form F Landlord’s Notice to Quit—Additional Circumstances (under subsection 10(7) or (7A), clause 10(8)(a), (
b) or (c), or clause 10(9)(
c) of the Residential Tenancies Act) To: Tenant’s name: ___________________________________________ Address of residential premises: ________________________________________________ I hereby give you notice that your tenancy is terminated on _____________________ (date: month/day/year) and you must vacate the premises by that date because: __________________________________________________________________________. (specify the reason for giving this notice to quit) Date: ____________________ Landlord’s name: ___________________________ (print) Landlord’s civic address: ___________________________ (street number) (street name) ___________________________ (city/town) (province) Landlord’s signature: ___________________________ Important Information See the following provisions of the Residential Tenancies Act for the circumstances in which a landlord may give a tenant this Notice to Quit: • subsection 10(7) • subsection 10(7A) • clauses 10(8)(a), (
b) and (c) • clause 10(9)(
c) Landlord: keep a copy of this form for your records. 556 © NS Registry of Regulations. Web version.
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Part II - Regulations Vol. 36, No. 20 Form G Tenant’s Notice to Quit—Early Termination of Tenancy (under
Section 10B, 10C or 10D of the Residential Tenancies Act) To: Landlord’s name: ________________________ Address of residential premises: ________________________________________________ I am giving one month’s notice that I am terminating my tenancy on ___________________ (date: month/day/year) because: (check one) ” A significant deterioration of my health has reduced my income so that I can no longer pay my rent in addition to my other reasonable expenses (Section 10B of the Act).
I am attaching a Physician’s Certificate in Form H. ” A significant deterioration of my health has, in the opinion of my physician, resulted in my inability to continue the lease or makes these residential premises inaccessible to me (Section 10C of the Act). I am attaching a Physician’s Certificate in Form H. ” I have been accepted into a nursing home or home for special care on a permanent basis (Section 10D of the Act). I am attaching a letter from the nursing home or home for special care confirming this.
Check applicable box: ” No other tenants reside in the residential premises. ” I am attaching proof that I have served all of my co-tenants with a copy of this Notice to Quit.
Security deposit return: (check one) ” I will make arrangements at a future time for the return of my security deposit. ” Please return my security deposit to me at the forwarding address below: __________________________________________ (street number, street name, apt. number) __________________________________________ (city/town) (province) __________________________________________ (postal code) Date: ______________________ Tenant’s signature: ___________________________ Tenant’s name: ___________________________ (print) © NS Registry of Regulations. Web version. 557
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Part II - Regulations Vol. 36, No. 20 Note to Tenant: Proof of Service of All Co-Tenants Where other tenants reside in the same residential premises, you must serve all the tenants in the same residential premises (your “co-tenants”) with a copy of this Notice to Quit at least 1 month before the termination of tenancy.
You must give the landlord proof of service of all your co-tenants with a copy of this Notice to Quit, which means that for each co-tenant, you must give your landlord either: • an Acknowledgment of Service, in the form a ttached, signed by each co-tenant acknowledging that they have been served with a copy of this Notice to Quit; OR • a sworn Affidavit of Service, in the form attach ed, for each co-tenant saying how you served a copy of this Notice to Quit on them. (See subsections 10B(1), 10B(3), 10C(1), 10C(3), 10D(1) and 10D(3) of the Act and
Section 4F of the regulations). Important Information for All Co-Tenants This notice means that our tenancy is terminated on the date of termination of tenancy listed above. You may make arrangements with our landlord to sign a new lease. The landlord cannot refuse to sign a new lease without a valid reason. Please contact the landlord to make arrangements to do this. If you do not make arrangements with the landlord, you must vacate the premises by the date of termination of tenancy listed above. (See subsections 10B(2), 10C(2) and 10D(2) of the Act) Tenant: Keep a copy of this form and attachments for your records. 558 © NS Registry of Regulations. Web version.
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Part II - Regulations Vol. 36, No. 20 Acknowledgment of Service Name of co-tenant (print): ______________________________ I acknowledge that I have been served with a copy of the attached Tenant’s Notice to Quit–Early Termination of Tenancy. _________________________ ________________________________ Date Co-tenant’s signature Acknowledgment of Service Name of co-tenant (print): ______________________________ I acknowledge that I have been served with a copy of the attached Tenant’s Notice to Quit–Early Termination of Tenancy. _________________________ ________________________________ Date Co-tenant’s signature Acknowledgment of Service Name of co-tenant (print): ______________________________ I acknowledge that I have been served with a copy of the attached Tenant’s Notice to Quit–Early Termination of Tenancy. _________________________ ________________________________ Date Co-tenant’s signature Acknowledgment of Service Name of co-tenant (print): ______________________________ I acknowledge that I have been served with a copy of the attached Tenant’s Notice to Quit–Early Termination of Tenancy. _________________________ ________________________________ Date Co-tenant’s signature © NS Registry of Regulations.
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Part II - Regulations Vol. 36, No. 20 Affidavit of Service Re: Tenant’s Notice to Quit–Early Termination of Tenancy I, ______________________ (name), of ____________________________ (civic address) in the County of _______________________, Nova Scotia, make oath that on _______________ (day of the week), the _____ day of ______________, 20____, I served ________________________ (name of person served) with a true copy of the attached Tenant’s Notice to Quit–Early Termination of Tenancy: (check applicable box) ‘ by personal service at ___________________________ (place of service) at _________ am/pm.
OR ‘ by registered mail to ____________________________________________ (address), and the receipt is attached. Dated this ___________ day of ___________________ , 20 _____ .
Sworn to before me at ,) in the County of ,) this day of , 20___ ) ) ) ___________________________________ ) _____________________________ A Barrister or Commissioner of the Supreme ) Signature Court of Nova Scotia ) Print name: • This affidavit must be completed by the person who served the document. • Attach the receipt if you serve th e document by registered mail. • Sign in the presence of a lawyer or commissioner of oaths. (Many Service Nova Scotia and Municipal Relations staff are Commissioners.) 560 © NS Registry of Regulations. Web version.
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Part II - Regulations Vol. 36, No. 20 Form H Physician’s Certificate—Termination of Tenancy for Health Reasons (under
Section 10B or 10C of the Residential Tenancies Act) Physician information: This form requires you to certify that your patient has a significant deterioration of health that prevents them from continuing to reside in their residential premises. By signing this form, you are providing evidence that will permit your patient to terminate his or her lease.
Tenant name: ____________________________________________________ Tenant telephone: ____________________________________________________ Address of residential premises: ____________________________________________________ Landlord name: ____________________________________________________ Landlord telephone: ____________________________________________________ Early termination of the lease must be in accordance with
Section 10B or 10C of the Residential Tenancies Act, as printed at the bottom of this form. I, , hereby certify that I have examined the above-named tenant, ___________________________, and that s/he has suffered a significant deterioration of health that: (check applicable box) ‘ has resulted in a reduction of the tenant’s income so that the tenant can no longer pay his/her rent in addition to the tenant’s other reasonable expenses. ‘ results in the inability of the tenant to continue the lease. ‘ renders the residential premises inaccessible to the tenant.
Date: Physician’s signature: Physician’s name: (print) ___________________________________________________________________________ Early termination upon income reduction 10B
(1) Notwithstanding
Section 10, where the income of a tenant, or one of a group of the tenants in the same residential premises, is so reduced because of a significant deterioration of a tenant’s health that it is not reasonably sufficient to pay the rent in addition to the tenant’s other reasonable expenses, or if there is more than one tenant, the tenant’s portion of the rent and other reasonable expenses, the tenant may terminate a year-to-year or fixed-term tenancy by giving the landlord (
a) one month’s notice to quit, in the form prescribed by regulation; (
b) a certificate of a medical practitioner, in th e form prescribed by regulation, evidencing the significant deterioration of health; and (
c) proof of service, in the form prescribed in the regulations, of all the tenants in the same residential premises with a copy of the notice to quit. © NS Registry of Regulations. Web version. 561
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(2) Where a tenancy is terminated pursuant to subsection (1), the tenancy is terminated for all the tenants in the same residential premises, but the other tenants may enter a new landlord and tenant relationship with the landlord with the consent of the landlord, which consent must not be arbitrarily or unreasonably withheld.
(3) Where other tenants reside in the same residential premises, the tenant seeking to terminate a tenancy pursuant to this
Section shall serve all the tenants in the same residential premises with a copy of the notice to quit at least one month before the termination of tenancy. Early termination for health reasons 10C
(1) Notwithstanding
Section 10, where a tenant or a family member residing in the same residential premises in a year-to-year or fixed-term tenancy has suffered a significant deterioration in health that, in the opinion of a medical practitioner, results in the inability of the tenant to continue the lease or where the residential premises are rendered inaccessible to the tenant, the tenant may terminate the tenancy by giving the owner (
a) one month’s notice to quit, in the form prescribed in the regulations; (
b) a certificate of a qualified medical practitioner, in the form prescribed by regulation, evidencing the significant deterioration of health; and (
c) proof of service, in the form prescribed by regul ation, of all the tenants in the same residential premises with a copy of the notice to quit.
(2) Where a tenancy is terminated pursuant to subsection (1), the tenancy is terminated for all the tenants in the same residential premises, but the other tenants may enter a new landlord and tenant relationship with the landlord with the consent of the landlord, which consent must not be arbitrarily or unreasonably withheld.
(3) Where other tenants reside in the same residential premises, the tenant seeking to terminate a tenancy pursuant to this
Section shall serve all the tenants in the same residential premises with a copy of the notice to quit at least one month before the termination of tenancy. 562 © NS Registry of Regulations. Web version.
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Part II - Regulations Vol. 36, No. 20 Form I Notice to Quit—Early Termination of Tenancy by Personal Representative (under
Section 10E of the Residential Tenancies Act) To: Landlord’s name: ___________________________________ Address of residential premises: ________________________________________________ I am the personal representative of _________________________________ (name of former tenant), now deceased. I am giving one month’s notice to terminate the tenancy on _______________________ (date: month/day/year) under
Section 10E of the Residential Tenancies Act.
Security deposit return: (check one) ” I will make arrangements at a future time for the return of the security deposit. ” Please return any security deposit to the estate at the forwarding address below: __________________________________________ (street number, street name, apt. number) __________________________________________ (city/town) (province) __________________________________________ (postal code) Date: ______________________ Re presentative’s signature: _____________________ Representative’s name: _____________________ (print) Tenant’s representative: Keep a copy of this form for your records. © NS Registry of Regulations.
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Part II - Regulations Vol. 36, No. 20 Form J Department of Service Nova Scotia and Municipal Relations File Number: Application to Director (under
Section 13 of the Residential Tenancies Act) Notice of Hearing (to be completed by staff) You are required to attend the hearing to be held at __________________________ in ________________________, Nova Scotia on ________________, the _______ day of __________________, _________, at _________ am / pm.
You may inquire about this Application by contacting the Residential Tenancy Officer by telephone at ________________, by fax at _______________, or by e-mail at ________________________________. _____________________________ _______________________ Residential Tenancy Officer Date Filed By: (Applicant) _____________________________________________________________ name (first name, initial, last name or company name) ‘ Landlord ‘ Tenant _______________________________ street number, street name, apt. number (___) _________________ home phone _______________________________ city/town, postal code (___) _________________ business/other phone _______________________________ mailing address (if different) ______________________ e-mail address Against: (Respondent) _____________________________________________________________ name (first name, initial, last name or company name) ‘ Landlord ‘ Tenant _______________________________ street number, street name, apt. number (___) _________________ home phone _______________________________ city/town, postal code (___) _________________ business/other phone _______________________________ mailing address (if different) ______________________ e-mail address Regarding: _____________________________________________________________ civic address of rental unit (street number, street name, apt. number, city/town, postal code) 564 © NS Registry of Regulations.
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Part II - Regulations Vol. 36, No. 20 Information about the Lease Date tenant moved in: ___________ Date tenant moved out (if applicable):___________ Has notice to quit been given? ‘ No ‘ Yes, by the landlord ‘ Yes, by the tenant If yes, notice to quit is effective on ______________ (date) Is there a written lease: ‘ No ‘ Yes (Please attach a copy of the lease.) Term of Lease: ‘ Year-to-year Rent due: $___________ each ___________ ‘ Month-to-month (week, month) ‘ Week-to-week ‘ Fixed-term Did the landlord provide the tenant with a copy of the Residential Tenancies Act? ‘ Yes ‘ No Did the landlord provide the tenant with a copy of the lease? ‘Yes ‘ No Was a security deposit paid? ‘ Yes ‘ No If yes, amount: $__________ Date paid: ______________ Details of Application This is an application for: (Please check all that apply.
Please provide a full description of the reasons for your application.
Use an additional sheet if necessary.) If the Applicant is the tenant: [ ] Termination of tenancy __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ [ ] Return of security deposit __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ [ ] Compliance with a lease or the Act __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ © NS Registry of Regulations.
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Part II - Regulations Vol. 36, No. 20 [ ] Repairs __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ [ ] Setting aside a notice to quit given by the landlord __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ [ ] Relief from rent owing or compensation for expenses incurred __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ [ ] Other: __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ If the Applicant is the landlord: [ ] Termination of tenancy and vacant possession __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ [ ] Payment of money ‘ unpaid rent ‘ damages to property ‘ other __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ [ ] Retention of security deposit __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ [ ] Compliance with a lease or the Act __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ [ ] Other: __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ ____________________________ ________________________ Applicant’s Signature Date 566 © NS Registry of Regulations.
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Part II - Regulations Vol. 36, No. 20 Respondents—Please Note Important Information This application has been filed with the Director of Residential Tenancies. • The Director has authorized the Residential Tenanc y Officer to investigate and attempt to mediate the dispute. If there is no mediation, the Residential Tenancy Officer will make a decision within 14 days. • Mediation means that the parties discuss the dispute a nd come to an agreement on how best to resolve it.
The Residential Tenancy Officer will encourage mediation and help you and the applicant discuss the matter so you may resolve the dispute. • If you come to an agreement, the Residential Te nancy Officer will prepare a written settlement for both parties to sign. There can be no appeal of the settlement. • If you are not able to come to an agreement, th e Residential Tenancy Officer will hold the hearing and decide the issue within 14 days.
See Notice of Hearing. • You should bring all information about the dispute to the hearing, for example, letters, receipts and photos (3 copies). • You may bring witnesses if you wish.
Witnesses should have first-hand knowledge of the situation. • If you wish to show electronic evidence, you must bring the equipment needed to display it at the hearing. • The Director’s order that the Residential Tenanc y Officer issues will be based on information obtained during the Officer’s investigation, your mediation efforts and evidence presented at the hearing, if the hearing is necessary. • If you do not attend the hearing, the Residential Tenanc y Officer is authorized to issue an order based on information obtained during the Officer’s investigation and from the Applicant. © NS Registry of Regulations.
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Part II - Regulations Vol. 36, No. 20 Form K Department of Service Nova Scotia and Municipal Relations File Number: Application to Director—Rental Arrears (under subsections 10(6D) and 10(6E) and
Section 13 of the Residential Tenancies Act) Important Information This form may be used only if all of the following apply: • The landlord has served a Notice to Quit for Rental Arrears under subsection 10(6) of the Act on the tenant after the rent was in arrears for 15 days. • 15 days have elapsed since the Notice to Quit was served. • The tenant has not paid the rental arrears. • The tenant has not applied to the Director to have the Notice to Quit set aside.
If you wish to claim for rental arrears for months after the month in which the Notice to Quit for Rental Arrears was given or for damage to the rental unit, you may not use this application form. Please complete an Application to Director in Form J.
Filed By: (Applicant—Landlord) __________________________________________________________________ name (first name, initial, last name or company name) __________________________________ street number, street name, apt. number (___) _____________________ home phone __________________________________ city/town, postal code (___) _____________________ business/other phone __________________________________ mailing address (if different) __________________________ e-mail address Against: (Respondent—Tenant) __________________________________________________________________ name (first name, initial, last name) __________________________________ street number, street name, apt. number (___) _____________________ home phone __________________________________ city/town, postal code (___) _____________________ business/other phone __________________________________ mailing address (if different) __________________________ e-mail address Regarding: ________________________________________________________________ civic address of rental unit (street number, street name, apt. number, city/town, postal code) 568 © NS Registry of Regulations.
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Part II - Regulations Vol. 36, No. 20 Details of Application This is an application for: (check all that apply) ‘ Vacant possession ‘ Payment of rent owing for the month in which the Notice to Quit for Rental Arrears was given and any rent in arrears for months previous to that month ‘ Retention of security deposit and interest to be applied against rent found to be owing for the month in which the Notice to Quit for Rental Arrears was given and any rent in arrears for months previous to that month Additional information: Notice to Quit for Rental Arrears Date Notice to Quit for Rental Arrears served on tenant(s): _______________ (date) ‘ Attach a copy of the Notice to Quit for Rental Arrears Effective date of termination of tenancy: _____________________ (date) Method of service of Notice to Quit: ‘ Personal service ‘ Registered mail Additional information: rental arrears Term of Lease: ‘ Year-to-year Rent due: $________ each _________ ‘ Month-to-month (week, month) ‘ Fixed-term Total rental arrears owing $__________ (must match amount shown on Notice to Quit for Rental Arrears) Rent paid since Notice to Quit for Rental Arrears given: $ ____________.
Additional information: security deposit Was a security deposit collected? ‘ Yes ‘ No Amount: $____________ Date paid: _____________________ ____________________________ ________________________ Applicant’s Signature Date © NS Registry of Regulations. Web version. 569
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Part II - Regulations Vol. 36, No. 20 Affidavit in Support of Application I, ____________________________ (name) of _____________________________________ (civic address), Nova Scotia, make oath and say as follows: 1. That on ______________ (day of the week), the _____ day of ______________, 20____, I served the Tenant, __________________________ (name of the person served), with a Notice to Quit for Rental Arrears in Form D by: (check applicable box) ‘ personal service at ___________________________ (place of service) at _________ am/pm.
OR ‘ registered mail to _________________________________________ (address), and the receipt showing proof of delivery and signature confirmation is attached. 2. That I request an order for the Tenant to vacate the residential premises at: __________ ______________________________________________________________________ . (address of rental unit) 3. That the total rent owing for the month in which the Notice to Quit for Rental Arrears was given is: $____________. 4. That the total rent that is in arrears for months previous to that month is: $__________. 5.
That since the Notice to Quit for Rental Arr ears was given to the Tenant, I have received: (check one) ‘ no rent from the Tenant OR ‘ rent in the amount of $ ____________ from the Tenant. 6. That (check one): ‘ the Tenant has not vacated the premises OR ‘ the Tenant has vacated the premises as of _______________________ (date). 7. That I have attached a true copy of the Noti ce to Quit for Rental Arrears served on the Tenant. 570 © NS Registry of Regulations. Web version.
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Part II - Regulations Vol. 36, No. 20 DATED this ___________ day of ___________________ , 20 _____ . Sworn to before me at ,) in the County of ,) this day of , 20___ ) ) ) ___________________________________ ) _____________________________ A Barrister or Commissioner of the Supreme ) Signature Court of Nova Scotia ) Print name: • Attach the receipt if you served the Notice to Quit for Rental Arrears by registered mail. • Attach a true copy of the Notice to Quit for Rental Arrears served on the tenant. • Sign in the presence of a lawyer or commissioner of oaths. (Many Service Nova Scotia and Municipal Relations staff are Commissioners.) © NS Registry of Regulations. Web version. 571
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Part II - Regulations Vol. 36, No. 20 Form L (under subsection 25(4) of the Residential Tenancies Regulations) Department of Service Nova Scotia and Municipal Relations File Number: Affidavit of Service Please print Re: Hearing date: Time: Place: I, (name), of (civic address) in the County of , Nova Scotia, make oath that on (day of the week), the day of , 20 , I served (name of person served) with a true copy of: (check applicable box(es)) ” Application to Director; ” Notice of Hearing; ” Other: (specify) by: (check applicable box) ” personal service at (place of service) at am/pm (circle one).
OR ” registered mail to (address), and the receipt showing proof of delivery and signature confirmation is attached. Dated this ___________ day of ___________________ , 20 _____ .
Sworn to before me at ,) in the County of ,) this day of , 20___ ) ) ) _____________________________________ ) ______________________________ A Barrister or Commissioner of the Supreme ) Signature Court of Nova Scotia ) Print name: • This affidavit must be completed by the person who served the document. • Sign in the presence of a lawyer or commissioner of oaths. (Many Service Nova Scotia and Municipal Relations staff are commissioners.) • This affidavit must be received by the Department of Service Nova Scotia and Municipal Relations office before investigation and mediation will begin. 572 © NS Registry of Regulations.
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Part II - Regulations Vol. 36, No. 20 Form M Notice of Rent Increase for Manufactured Home Space (under
Section 11A of the Residential Tenancies Act) Landlord: Please Note This notice must be personally served or sent by registered mail to tenants receiving a rent increase. ___________________________________________________________________________________ Land-lease community name ___________________________________________________________________________________ Land-lease community address This notice of rent increase applies to the following manufactured home space(
s) in the community: (Provide additional addresses by attaching a separate sheet.) ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Annual allowable rent increase amount for rent increases with an effective date from January 1, 20____ to December 31, 20 ____ : _____%. (As published by Service Nova Scotia and Municipal Relations on ____________, 20 ___.) Check applicable box: ‘ The rent increase is equal to or less than the annual allowable rent increase amount.
OR ‘ The rent increase is greater than the annual allowable rent increase amount. An Application to the Director in Form N for permission to increase rent by an amount greater than the annual allowable rent increase amount is attached.
Present rent: $____________ Rent increase: $____________ ( _____%) New rent: $____________ Effective date of rent increase: _______________ Any change in services?_______________________________________________________ (The value of a discontinued service is deemed to be a rent increase—see subsection 11(5) of the Act.) Tenants: Please Note If the rent increase is greater than the annual allowable rent increase amount indicated above, your landlord is required to submit an Application to Director in Form N for permission to increase your rent by this amount and must provide you with a copy of the Application to Director in Form N together with this notice.
There are instructions on the Application to Director in Form N outlining how you can make submissions to the Director in response to the landlord’s application. Landlord’s name, address and telephone number: ___________________________________________________________________________ Date:____________________ Signature:___________________________ © NS Registry of Regulations. Web version. 573
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Part II - Regulations Vol. 36, No. 20 Form N Department of Service Nova Scotia and Municipal Relations File Number: Application to Director—Rent Increase Greater Than Annual Allowable Rent Increase Amount (under subsection 11B(2) of the Residential Tenancies Act and
Section 25D of the Residential Tenancies Regulations) Important Information (to be completed by staff) Important deadline for tenants: If you wish to make submissions in writing to the Residential Tenancy Officer in response to this application, you must do so no later than _____________________ (date). Important deadline for landlords: A copy of this application along with a Notice of Rent Increase for Manufactured Home Space in Form M must be served on each tenant named in this application. Service must take place at least 7 months before the tenant’s anniversary date.
The landlord must return a copy of the sworn affidavit of service to the Director no later than _____________ (date).
Landlords and tenants: Both landlords and tenants may inquire about this Application by contacting the Residential Tenancy Officer by telephone at ________________, by fax at _______________, or by e-mail at ________________________________. _____________________________ _______________________ Residential Tenancy Officer Date Filed By: (Applicant—Landlord) __________________________________________________________________ name (first name, initial, last name or company name) __________________________________ street number, street name, apt. number (___) _____________________ home phone __________________________________ city/town, postal code (___) _____________________ business/other phone __________________________________ mailing address (if different) __________________________ e-mail address Against: (Respondent— Tenant) Tenant(
s) name(
s) and civic address of manufactured home space(s) (street number, street name, city/town, postal code) __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ (Attach an additional sheet if necessary.) 574 © NS Registry of Regulations. Web version.
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Part II - Regulations Vol. 36, No. 20 Details of Application This is an application by the landlord for permission to increase rent by an amount that is greater than the annual allowable rent increase amount.
Number of manufactured home spaces included in this application: ______ The annual allowable rent increase amount published by Service Nova Scotia and Municipal Relations for rent increases with an effective date from January 1, 20____ to December 31, 20____ is _____%. ‘ Form O: Financial Information in Support of a Rent Increase Greater Than Annual Allowable Rent Increase Amount has been completed in full and has been submitted with this application.
Check applicable box: ‘ The applicant is applying for permission to give the same rent increase of ____% with an effective date of _____________________ (month, day, year) to all tenants named in this application. OR ‘ The applicant is applying for permission to give rent increases as set out in Appendix A to this application. (Check this box if giving different rent increases to different tenants).
Check only if applicable: ‘ The applicant is seeking to have an unused portion of the annual allowable rent increase amount from the previous calendar year (the period from January 1, 20___ to December 31, 20___) be considered in this application. The allowable increase for that period was ____%. The applicant gave an increase of ____% during that period, and is seeking to have the unused portion of ____% considered in this application. ____________________________ ________________________ Applicant’s Signature Date Tenants: Please see important information on page 3 of this form. © NS Registry of Regulations.
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Part II - Regulations Vol. 36, No. 20 Tenants: Please Note Important Information This application has been filed with the Director of Residential Tenancies. • The Director has authorized the Residential Tena ncy Officer to determine the rent increase amount in response to this application. • If you wish to review the Form O: Financial Information in Support of a Rent Increase Greater Than Annual Allowable Rental Increase Amount or supporting documentation provided by the landlord to the Director, you may contact the Residential Tenancy Officer using the information indicated on the first page of this application. • There will not be an oral hearing.
The Director’s order that the Residential Tenancy Officer issues will be based on this application, the Form O: Financial Information in Support of Rent Increase Greater Than Annual Allowable Rent Increase Amount, any written submissions and supporting documentation submitted by the landlord and tenants, and the guidelines set out in Sections 26 to 32 of the Residential Tenancies Regulations. • If you wish to make any submissions for the Reside ntial Tenancies Officer to consider, you must provide your submissions, in writing, and any supporting documentation to the Residential Tenancy Officer by the deadline indicated on the first page of this application.
If you do not, the Residential Tenancy Officer will issue the order without your input. 576 © NS Registry of Regulations. Web version.
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Part II - Regulations Vol. 36, No. 20 Appendix A to Form N: Application to Director for Rent Increase Greater than Annual Allowable Rent Increase Amount Tenant’s Name Street Number and Street Name of Manufactured Home Space City/Town and Postal Code Current Rent: Dollar Amount Proposed Rent: Dollar Amount (Effective date: (dd/mm/yy)) Proposed Rent Increase: Percentage Amount Proposed Rent Increase: Dollar Amount © NS Registry of Regulations. Web version. 577
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Part II - Regulations Vol. 36, No. 20 Affidavit of Service Please print I, ____________________________ (name) of _____________________________________ (civic address), Nova Scotia, make oath and say that between _______________________ (date) and _________________________ (date), I served a true copy of the attached application and a Notice of Rent Increase for Manufactured Home Space in Form M on the following tenants of the following manufactured home spaces: (list names of all tenants served and the civic addresses of the manufactured home spaces; attach an additional sheet of paper if necessary) _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ by: (check applicable box) ‘ personal service OR ‘ registered mail, and the receipts showing proof of delivery and signature confirmation are attached.
Dated this ___________ day of ___________________ , 20 _____ . Sworn to before me at ,) in the County of ,) this day of , 20___ ) ) ) ___________________________________ ) ______________________________ A Barrister or Commissioner of the Supreme ) Signature Court of Nova Scotia ) Print name: • Attach the receipts if servi ce was by registered mail. • Sign in the presence of a lawyer or commissioner of oaths. (Many Service Nova Scotia and Municipal Relations staff are Commissioners.) 578 © NS Registry of Regulations. Web version.
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Part II - Regulations Vol. 36, No. 20 Form O Financial Information In Support of a Rent Increase Greater Than Annual Allowable Rent Increase Amount (under
Section 25D of the Residential Tenancies Regulations) _____________________________________________________________________ Land-lease community name _____________________________________________________________________ Land-lease community address Landlord information: _______________________________________________________________________ name (first name, initial, last name or company name) __________________________________ street number, street name (___) __________________________ home phone __________________________________ city/town, postal code (___) __________________________ business/other phone __________________________________ mailing address (if different) _______________________________ e-mail address I declare that the information included in this document and in the attachments is true and complete, and that the information represents a consistent presentation for all accounting periods reported. ___________________________ ___________________________ Signature of landlord Date Services Provided Identify the services and amenities that are presently provided and paid for by the landlord and included in the rent payable. [ ] water [ ] sewer [ ] electricity [ ] snow removal [ ] garbage removal [ ] community security [ ] street lighting [ ] additional storage area [ ] park superintendent [ ] other: _______________________ Are the services identified above available in identical form to all tenants?
If no, briefly explain: ___________________________________________________________________________ © NS Registry of Regulations. Web version. 579
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Part II - Regulations Vol. 36, No. 20 Calendar years to be used for financial information For the purposes of this form, financial information must be reported for the 2 calendar years used to calculate the annual allowable rent increase amount, as follows: • Year 1 is the calendar year that immediately precedes the publication date of the annual allowable rental increase amount used in Form M: Notice of Rent Increase for Manufactured Home Space. • Year 2 is the calendar year that immediately precedes the calendar year defined as Year 1. Income
Summary Total (potential) income for the 2 calendar years defined above: Year 1: 20___ _____ lots @ $________/month = $________ × 12 = $________ _____ lots @ $________/month = $________ × 12 = $________ _____ lots @ $________/month = $________ × 12 = $________ _____ lots @ $________/month = $________ × 12 = $________ $____________ Other income (parking, laundry, etc.)..................................................... $____________ Year 2: 20___ _____ lots @ $________/month = $________ × 12 = $________ _____ lots @ $________/month = $________ × 12 = $________ _____ lots @ $________/month = $________ × 12 = $________ _____ lots @ $________/month = $________ × 12 = $________ $____________ Other income (parking, laundry, etc.)...................................................... $____________ Total $____________ Vacancy
Summary Total vacancies for the 2 calendar years defined above: Year 1: 20___ Vacancies: _____ lots @ $________/month = $________ × 12 = $________ _____ lots @ $________/month = $________ × 12 = $________ _____ lots @ $________/month = $________ × 12 = $________ _____ lots @ $________/month = $________ × 12 = $________ $____________ Year 2: 20___ Vacancies: _____ lots @ $________/month = $________ × 12 = $________ _____ lots @ $________/month = $________ × 12 = $________ _____ lots @ $________/month = $________ × 12 = $________ _____ lots @ $________/month = $________ × 12 = $________ $____________ Total $____________ 580 © NS Registry of Regulations. Web version.
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Part II - Regulations Vol. 36, No. 20 Expenses Total expenses for the 2 calendar years defined above: Year 1: 20___ Year 2: 20___ General administration and insurance expenses: management fee staff wages office supplies and equipment office utilities other fees directly related to business operations property and liability insurance Utilities: water and sewer electricity oil natural gas Grounds and maintenance services expenses: road maintenance common area and playground maintenance water and sewer testing and maintenance electrical maintenance landscaping snow removal garbage removal Miscellaneous maintenance and services expenses: general equipment and vehicle maintenance pest control security © NS Registry of Regulations.
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Part II - Regulations Vol. 36, No. 20 Property taxes Other operating expenses: (specify and attach receipts) Total Capital Costs Attach copies of receipts, estimates, etc. for each item below Description of work: _______________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Completion date: _____________________________________ Cost: $________________ Expected life: _______ years Description of work: _______________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Completion date: _____________________________________ Cost: $________________ Expected life: _______ years Attach additional sheet if necessary.
Projected Capital Costs Attach copies of receipts, estimates, etc. for each item below Description of work: _______________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ This
section to be completed for work completed before the effective date of the notice of rent increase This
section to be completed for work completed after the effective date of the notice of rent increase 582 © NS Registry of Regulations. Web version.
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Part II - Regulations Vol. 36, No. 20 Scheduled completion date: _____________________________________________________ Cost: $________________ Expected life: _______ years Description of work: _______________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Scheduled completion date: __________________________________ Cost: $________________ Expected life: _______ years Attach additional sheet if necessary. © NS Registry of Regulations. Web version. 583
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Part II - Regulations Vol. 36, No. 20 Current and Proposed Rent Provide the following information for each manufactured home space receiving a rent increase that is greater than the annual allowable rent increase amount: Manufactured Home Space: Civic Address Proposed Rent (effective date: (dd/mm/yy)) Proposed Rent Increase: Percentage Amount Proposed Rent Increase: Dollar Amount Current Rent: Dollar Amount (effective date: (dd/mm/yy)) Year 1 Rent: Dollar Amount (effective date: (dd/mm/yy)) Year 2 Rent: Dollar Amount (effective date: (dd/mm/yy)) 584 © NS Registry of Regulations. Web version.
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Part II - Regulations Vol. 36, No. 20 Form P Standard Form of Lease (Residential Tenancies Act, R.S.N.S. 1989, c. 401) Parties 1.
This agreement is made in duplicate between Landlord _________________________________________________________________ name (first name, initial, last name or company name) _________________________________________________________________ civic address (required) P.O. box (if applicable) _________________________________________________________________ city postal code _________________________________________________________________ phone (bus.) phone (res.) -and- Tenant(s) _________________________________________________________________ name(s) _________________________________________________________________ name(s) _________________________________________________________________ name(
s) Occupants 2. Other adults or children who will occupy premises ________________________________________________________________________________________ Only those tenants and occupants named are allowed to live in the premises without written consent of the landlord. Premises 3.
The landlord will rent to the tenant and the tenant will rent from the landlord the premises at location ________________________________________________________________________________________ street/apt. no./city/town Type of property (specify)____________________________________________________________________ Tenant’s mailing address (P.O. box if applicable) ___________________________________________________ ________________________________________________________________________________________ Postal code _______________ Tenant’s phone # ____________ (work) ____________ (home) Emergency contact 4.
Next of kin _________________________________________________________________ emergency contact phone # (work) (home) _________________________________________________________________ address Property manager or agent 5. The current agent or property manager for the landlord is ________________________________________________________________________________________ name ________________________________________________________________________________________ civic address / phone # (work) / (home) © NS Registry of Regulations. Web version. 585
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Part II - Regulations Vol. 36, No. 20 6. The current superintendent for the building is ________________________________________________________________________________________ name ________________________________________________________________________________________ civic address ________________________________________________________________________________________ phone # / emergency phone # Who to serve 7.
All notices to quit or service of documents to the landlord shall be in writing and served in person, by registered mail or by any other means authorized by the Director to [__] the landlord/owner (and/or) [__] the agent or property manager or [__] the superintendent at the above noted addresses. Lease type (complete either 8A or 8B, but not both) ” Periodic lease 8A. The tenancy is to start on the _____ day of _____________, 20____ and this shall be the anniversary date as defined in the Act.
The term is to run (check one) [__] from year to year [__] from month to month [__] from week to week and the tenancy continues until the landlord or the tenant gives proper notice to terminate. OR ” Fixed-term lease 8B. The tenancy is for a fixed term, beginning on the _____ day of _____________, 20____ and ending on the _____ day of _____________, 20____. Any continuation of the tenancy at the end of a fixed term requires the written consent of the landlord. At the end of the fixed term, the tenancy is finished and the tenant must vacate.
Public housing (check if applicable) 9. [__] The residential premises are administered under a public housing program as defined in clause 2(fa) of the Residential Tenancies Act. Program eligibility requirements and rules relating to changes in rent are contained in
Schedule _____, attached. Where a landlord administers a public housing program, a tenant shall provide income verification in the form required by the public housing program. Tenants in a public housing program are not permitted to sublet the premises. Rent 10. The tenant will pay rent of $__________ per _________ (week/month) by: [__] cash [__] pre-authorized automatic withdrawal [__] post-dated cheques [ __] cheque [__] other __________________ (specify) Rent is due on the _____ day of each month/week and is payable to ____________________.
A late payment fee, if any, shall be charged at no more than 1% per month of the monthly rental. Rent increases 11. The landlord shall not increase the rent under this lease for 12 months. The rent may be increased on the anniversary date only. The landlord must give a written notice to the tenant of an increase: (a) 4 months before the anniversary date of a month-to-month or year-to-year lease; 586 © NS Registry of Regulations. Web version.
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Part II - Regulations Vol. 36, No. 20 (b) 8 weeks before the anniversary date of a week-to-week lease; (c) 7 months before the anniversary date of a manufactured home space lease. Note: The landlord may select a date to be the annual rent increase date for all manufactured home spaces owned or managed by the landlord. If an annual rent increase date is used, notice must be given 7 months before this date. The landlord must serve the notice of rent increase on the tenants of the land-lease community.
Where the landlord administers a public housing program and the amount of the tenant’s rent is increased solely on the basis of an increase in income, the restrictions on frequency of rental increases and notice requirements do not apply. Rental incentive (if any) 12.
In signing this lease, the landlord has granted to the tenant the following incentives, which will remain in effect for the duration of the lease: ________________________________________________________________________________________ ________________________________________________________________________________________ The tenant is not required to repay or return any rental incentive if he or she terminates the lease before the end of the term in accordance with the provisions of the Residential Tenancies Act or sublets or assigns the residential premises to a tenant with the consent of the landlord.
Rent includes 13.
The rent includes: Appliances Utilities Other (specify) [__] stove [__] washer & dryer (coin operated) [__] lawn care [__] fridge [__] cable service [__] snow removal [__] washer & dryer [__] heat [__] garbage removal [__] dishwasher [__] water [__] _________________ [__] furniture [__] hot water [__] _________________ [__] electricity [__] _________________ [__] parking: # of spaces _____ space #______; #______ [__] _________________ [__] facilities to separate recyclables, organics and refuse [__] _________________ The landlord is responsible for providing these services and the deletion of a service is deemed to be a rental increase.
The tenant is responsible for the following: [__] lawn care [__] late payment charges [__] snow removal [__] returned cheque charges not to exceed $_________ [__] garbage removal [__] parking @ $________/month; # of spaces _______ [__] tenant insurance [__] locked out charges/keys not to exceed $_________ [__] separation of recyclables, organics and refuse [__] assignment/sublet expenses incurred (not to exceed $75) 14.
Additional obligations ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ © NS Registry of Regulations. Web version. 587
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Part II - Regulations Vol. 36, No. 20 Security deposit 15. [__] A security deposit is not required. OR [__] A security deposit of $__________ (not to exceed 1/2 month’s rent) will be deposited for the tenant by the landlord at _____________________________ (financial institution/branch) in a trust account within 3 days of its receipt, and will be returned to the tenant with interest within 10 days of the termination of this lease. The landlord shall file a claim for unpaid rent and/or damages within 10 days of the termination of the lease if the deposit is not returned. Inspection 16.
An inspection of the premises and the preparation of a written inspection report signed by the landlord and tenant within 7 days of the start of the tenancy and within 7 days of the end of the tenancy is recommended. If a report is prepared it shall form part of the lease. [__] An inspection report is attached to the lease. [__] An inspection report is not attached. Statutory conditions and reasonable rules 17. The landlord and tenant promise to comply with the statutory conditions set out in
Schedule A. [__] (check if applicable) The rules of the building are attached hereto as
Schedule ____. Rental arrears 18. In a fixed-term, year-to-year or month-to-month tenancy, where a tenant is in arrears in paying the rent for 15 days or more, the landlord may give 15 days’ written notice to quit the premises. Within 15 days after receiving the notice to quit, the tenant may: (
a) pay to the landlord the rent that is in arrears, and upon the payment of that rent the notice to quit is void and of no effect and this lease continues; or (
b) apply to the Director for an order setting aside the notice to quit. If the tenant does not pay the rental arrears or make an application to the Director within 15 days after receiving the notice to quit, the tenancy is terminated and the tenant must vacate the premises by the effective date of the notice. In a week-to-week tenancy, where a tenant is in arrears in paying the rent for 7 days or more, the landlord may give the tenant 7 days’ written notice to quit the premises. Tenant’s notice to quit (except fixed-term) 19.
All notices to quit for a tenancy other than a fixed-term shall be given by the tenant in writing in accordance with the following table: Type of Tenancy Notice Period [ ] year-to-year at least 3 full months before the end of any year (a year for this purpose begins on the anniversary date) [ ] month-to-month at least 1 full month before the end of any month [ ] week-to-week at least 1 full week before the end of any week [ ] manufactured home space at least 1 full month before the end of the tenancy 588 © NS Registry of Regulations. Web version.
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Part II - Regulations Vol. 36, No. 20 Landlord’s notice to quit 20. A landlord may not give a notice to quit except in accordance with
Section 10 of the Residential Tenancies Act. General 21. This lease is for the benefit of and is binding on the landlord and tenant and their heirs, executors, administrators and assigns. 22. Any or all tenants signing this lease take full responsibility for all of its terms and conditions. Attachments: (initials required) 1 ______ At least 1 tenant has received a copy of the Act and regulations within 10 days of the earliest of: (
a) the date specified in the lease as the start of the tenancy; (
b) signing the lease; (
c) receiving keys to the premises; (
d) taking possession of or occupying the premises. 2 ______ ______ ______ All tenants have received a copy of the signed lease within 10 days of the date of the signing of the lease. 3 ______ ______ ______ All tenants have read, signed and received the rules and attachments to this lease. SIGN BOTH COPIES SEPARATELY.
BEFORE YOU SIGN, PLEASE READ THE FOLLOWING NOTICE: TENANTS: GIVING NOTICE IF YOU WISH TO TERMINATE A YEAR-TO-YEAR LEASE AT THE END OF THE LEASE TERM, THE LAW REQUIRES THAT YOU MUST GIVE AT LEAST 3 MONTHS’ WRITTEN NOTICE ON OR BEFORE ________________________ (NOTICE DATE—3 MONTHS PRIOR TO ANNIVERSARY DATE). OTHERWISE THE LEASE WILL AUTOMATICALLY BE RENEWED FOR ANOTHER YEAR. IF YOU WISH TO TERMINATE A MONTH-TO-MONTH LEASE OR A MANUFACTURED HOME SPACE LEASE, YOU MUST GIVE AT LEAST 1 FULL MONTH’S WRITTEN NOTICE BEFORE THE EXPIRATION OF ANY SUCH MONTH.
IF YOU WISH TO TERMINATE A WEEKLY TENANCY, YOU MUST GIVE 1 FULL WEEK’S WRITTEN NOTICE BEFORE THE EXPIRATION OF ANY SUCH WEEK. ________________________ ____________________________________ Date Landlord © NS Registry of Regulations. Web version. 589
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Part II - Regulations Vol. 36, No. 20 ANY OR ALL TENANTS SIGNING THIS LEASE TAKE FULL RESPONSIBILITY FOR ALL OF ITS TERMS AND CONDITIONS. _______________________ ______________________________________ Date Tenant _______________________ ____________________________________ Date Tenant _______________________ ____________________________________ Date Tenant
Schedule A: Statutory Conditions (Section 9, Residential Tenancies Act) Statutory conditions 9( 1 ) Notwithstanding any lease, agreement, waiver, declaration or other statement to the contrary, where the relation of landlord and tenant exists in respect of residential premises by virtue of this Act or otherwise, there is and is deemed to be an agreement between the landlord and tenant that the following conditions will apply as between the landlord and tenant as statutory conditions governing the residential premises: Statutory Conditions 1.
Condition of Premises - The landlord shall keep the premises in a good state of repair and fit for habitation during the tenancy and shall comply with any statutory enactment or law respecting standards of health, safety or housing. 2.
Services - Where the landlord provides a service or facility to the tenant that is reasonably related to the tenant’s continued use and enjoyment of the premises such as, but not so as to restrict the generality of the foregoing, heat, water, electric power, gas, appliances, garbage collection, sewers or elevators, the landlord shall not discontinue providing that service to the tenant without proper notice of a rental increase or without permission from the Director. 3.
Good Behaviour - A landlord or tenant shall conduct himself in such a manner as not to interfere with the possession or occupancy of the tenant or of the landlord and the other tenants, respectively. 4. Obligation of the Tenant - The tenant is responsible for the ordinary cleanliness of the interior of the premises and for the repair of damage caused by wilful or negligent act of the tenant or of any person whom the tenant permits on the premises. 5.
Subletting Premises - The tenant may assign, sublet or otherwise part with possession of the premises subject to the consent of the landlord which consent will not arbitrarily or unreasonably be withheld or charged for unless the landlord has actually incurred expense in respect of the grant of consent. (Note: Pursuant to subsection 6(4) of the Residential Tenancies Act, tenants under a public housing program shall not sublet the residential premises.) 6.
Abandonment and Termination - If the tenant abandons the premises or terminates the tenancy otherwise than in the manner permitted, the landlord shall mitigate any damages that may be caused by the abandonment or termination to the extent that a party to a contract is required by law to mitigate damages. 590 © NS Registry of Regulations. Web version.
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Part II - Regulations Vol. 36, No. 20 7. Entry of Premises - Except in the case of an emergency, the landlord shall not enter the premises without the consent of the tenant unless (
a) notice of termination of the tenancy has been given and the entry is at a reasonable hour for the purpose of exhibiting the premises to prospective tenants or purchasers; or (
b) the entry is during daylight hours and written notice of the time of the entry has been given to the tenant at least twenty-four hours in advance of the entry. 8. Entry Doors - Except by mutual consent, the landlord or the tenant shall not during occupancy by the tenant under the tenancy alter or cause to be altered the lock or locking system on any door that gives entry to the premises. 9. Late Payment Penalty - Where the lease contains provision for a monetary penalty for late payment of rent, the monetary penalty shall not exceed one per cent per month of the monthly rent.
(2) In addition to the statutory conditions set out in subsection (1), there is and is deemed to be an agreement between the landlord and tenant that the following statutory conditions apply as between them in respect of the lease of a manufactured home space or a manufactured home in a land-lease community: Statutory Conditions Respecting Lease of a Manufactured Home Space or a Manufactured Home in a Land-lease Community 1. The landlord shall not restrict in any way the right of a tenant to sell, lease or otherwise part with the possession of a manufactured home by the tenant. 1A. Where a tenant wishes to sell