Bill 10 (Legislature 26, Session 1)

L26 S1 426

Alberta — Bills

Bill Mr. Strang BILL 10 RESIDENTIAL TENANCIES AMENDMENT ACT, 2005 ( A s s e n t e d t o , 2 0 0 5 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends SA cR-17.1 The Residential Tenancies Act is amended by this Act. 2

Section is amended (

a) in subsection (1)(

b) by adding “tenant believes on reasonable grounds that the” before “landlord”; (

b) by repealing subsection (3) and substituting the following:

(3) A notice to terminate under this

section is ineffective if (

a) within 7 days from the date the landlord receives the notice, the landlord serves the tenant with a notice in writing objecting to the termination on the grounds that the landlord has complied with the order under the Public Health Act or has been granted a stay of the order, and (

b) at the time of serving the notice of objection the landlord has complied with the order or has been granted a stay of the order. 3

Section 29(4)(

b) is amended by adding “, if the alleged breach is other than a failure to pay rent” after “reasons for objecting”. 4

Section 46(1)(

a) is amended by adding “regular,” before “registered”. 5 Nothing in this Act affects any notice given under the Residential Tenancies Act before the coming into force of this Act. Explanatory Notes Amends

chapter R-17.1 of the Statutes of Alberta, 2004. 2

Section presently reads in part: 28(1) A tenant may apply to a court to terminate the tenancy or may terminate the tenancy by serving the landlord with a notice at least 14 days before the day that the tenancy is to terminate where (

a) the landlord commits a substantial breach of the residential tenancy agreement, and (

b) an executive officer has issued an order under

section of the Public Health Act in respect of the circumstances that constitute the substantial breach, and the landlord has failed to comply with the order.

(3) A notice to terminate under this

section is ineffective if, before the termination date set out in the notice, the landlord (

a) complies with the order under the Public Health Act, or (

b) serves the tenant with a notice in writing objecting to the termination that sets out the landlord’s reasons for objecting. 3

Section 29(4)(

b) presently reads:

(4) A notice to terminate under this

section is ineffective if, before the termination date given in the notice, the tenant (

b) serves the landlord with a notice in writing objecting to the termination that sets out the tenant’s reasons for objecting. 4

Section 46(1)(

a) presently reads: 46(1) In this section, (a) “deliver” means to deliver by personal service or send by registered or certified mail; 5 Transitional re existing notices. Title: 2005 (26th, 1st) Bill 10, Residential Tenancies Amendment Act, 2005

Document details

Collection	Alberta — Bills
Citation	L26 S1 426
Type	bill
Volume / chapter	L26 S1 426
Language	en
Format	json
Source	PROVINCIAL
Identifier	a22aed6c042e71f1e872196249cb65a3774e58a1

Source file is stored in the law ingest library (json).