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(Other information for Residential Tenancies)

SNL2000 CHAPTER R-14.1

RESIDENTIAL TENANCIES ACT, 2000

Amended:

2001 c42 s38; 2004 c36 s38; 2007 cS-5.1 s46 (not in force - therefore not included here)

CHAPTER R-14.1

AN ACT RESPECTING TENANCIES OF RESIDENTIAL PREMISES

(Assented to May 12, 2000 )

Analysis


†††††††
1. Short title

†††††††
2. Definitions

†††††††
3. Application of Act

†††††††
4. Crown bound

†††††††
5. Provision of rental agreement and information

†††††††
6. Types of rental agreement

†††††††
7. Landlord and tenant relationship

†††††††
8. Statutory conditions

†††††††
9. Rent paid in other than money

†††††
10. Future rent

†††††
11. Rent for fixed term rental agreement

†††††
12. Security deposit

†††††
13. Fee for failure to pay rent

†††††
14. Rental increase

†††††
15. Record of tenantís payments

†††††
16. Inspection of documents

†††††
17. Notice of termination of rental agreement

†††††
18. Notice where failure to pay rent

†††††
19. Notice where material breach of agreement

†††††
20. Notice when premises uninhabitable

†††††
21. Notice where tenantís obligation not met

†††††
22. Notice where landlord fails to provide peaceful enjoyment

†††††
23. Notice when tenant fails to comply with peaceful enjoyment

†††††
24. Group eviction

†††††
25. Termination for invalid purpose

†††††
26. Entry by public

†††††
27. Abandonment of premises by tenant

†††††
28. Abandoned personal property

†††††
29. Seizure of property

†††††
30. Service of notice

†††††
31. Appointment of director

†††††
32. Powers of director

†††††
33. Liability of director

†††††
34. Investigations

†††††
35. Application to director

†††††
36. Refusal of application

†††††
37. Withdrawal of application

†††††
38. Investigation and mediation of application

†††††
39. Rules of a hearing

†††††
40. Notice of hearing or order

†††††
41. Order of the director

†††††
42. Authority of director

†††††
43. Reconsideration of order

†††††
44. Appeal from directorís order

†††††
45. Offence

†††††
46. Regulations

†††††
47. Fees and forms

†††††
48. Application of this Act

†††††
49. RSN 1990 cR-14 Rep.

†††††
50. Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

††††††† 1. This Act may be cited as the Residential Tenancies Act ,2000 .

2000 cR-14.1 s1

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Definitions

††††††† 2. In this Act

†††††††††††† (a) "director" means the Director of Residential Tenancies;

†††††††††††† (b) "landlord" includes

††††††††††††††††††††† (i) an owner,

†††††††††††††††††††† (ii) a lessor or person who has authority to enforce the rights given to a landlord by this Act, and

††††††††††††††††††† (iii) a person considered to be a landlord under section 3,

and includes that personís heir, assign, personal representative and successor in title;

†††††††††††† (c) "minister" means the minister appointed under the Executive Council Act to administer this Act;

†††††††††††† (d) "mobile home" means a dwelling unit used as residential premises and designed to be mobile but does not include a travel trailer, camper trailer or other similar trailer;

†††††††††††† (e) "mobile home park" means a related group of mobile homes, and includes the land, a structure, a service and a facility available for the use and enjoyment of a tenant;

††††††††††††† (f) "rent" means money or other value paid, or by a rental agreement required to be paid, by a tenant to a landlord before or during the occupancy of residential premises for the use or occupation of the premises and includes

††††††††††††††††††††† (i) an amount payable for the use of furniture contained in the residential premises,

†††††††††††††††††††† (ii) an amount payable for the cost of utilities,

††††††††††††††††††† (iii) a fee assessed under section 13, and

††††††††††††††††††† (iv) a payment made to a landlord on the sale of a mobile home including

††††††††††††††††††††††††††† (A) a payment for the right to occupy the land, and

††††††††††††††††††††††††††† (B) a fee charged to connect a mobile home to a service or a facility;

†††††††††††† (g) "rental agreement" means a written, oral or implied agreement, including a lease, between a landlord and a tenant in which the tenant is granted the right to use or occupy residential premises on the condition rent is paid by the tenant to the landlord;

†††††††††††† (h) "rental period" means the weekly or monthly interval for which rent is payable under a rental agreement;

††††††††††††† (i) "residential complex" means

††††††††††††††††††††† (i) a building or part of a building or a related group of buildings in which residential premises are located, and includes the land, a structure, a service and a facility available for the use and enjoyment of a tenant, and

†††††††††††††††††††† (ii) a mobile home park;

††††††††††††† (j) "residential premises" means

†††††††††††††††††††† (i) living accommodation that is rented and is used or intended for use by a tenant as a residence, and

†††††††††††††††††††† (ii) land leased by a tenant upon which the tenant locates a mobile home;

†††††††††††† (k) "security deposit" means money or other value paid, or by a rental agreement required to be paid, by a tenant to a landlord to be held as security for the performance of an obligation or a liability of the tenant; and

††††††††††††† (l) "tenant" includes

††††††††††††††††††††† (i) a person who is entitled to use or occupy residential premises under a rental agreement,

†††††††††††††††††††† (ii) a person considered to be a tenant under section 3, and

††††††††††††††††††† (iii) a person who enters into a rental agreement for the purpose of renting the residential premises for use or occupation by another person,

and includes that personís heir, assign, and personal representative.

2000 cR-14.1 s2

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Application of Act

††††††† 3. (1) Notwithstanding another Act or agreement, declaration, waiver or statement to the contrary, this Act applies where the relationship of landlord and tenant exists in respect of residential premises.

†††††††††††† (2) Notwithstanding another Act or agreement, declaration, waiver or statement to the contrary, this Act applies to residential premises and residential complexes and to rental agreements, whether made before or after this Act comes into force.

†††††††††††† (3) The relationship of landlord and tenant shall be considered to exist in respect of residential premises where the tenant

†††††††††††† (a) possesses or occupies residential premises and has paid or agreed to pay rent to the landlord;

†††††††††††† (b) makes an agreement with the landlord by which the tenant is granted the right to possess or occupy residential premises in consideration of the payment of or the promise to pay rent; or

†††††††††††† (c) has possessed or occupied residential premises and has paid or agreed to pay rent to the landlord.

†††††††††††† (4) This Act does not apply to

†††††††††††† (a) living accommodations occupied on a transient basis provided in a hotel, motel, inn, tourist home or hostel, or other similar accommodation;

†††††††††††† (b) living accommodation occupied as a vacation home for a seasonal or temporary period;

†††††††††††† (c) living accommodation occupied by a person for penal, correctional, rehabilitative or therapeutic purposes or for the purpose of receiving care;

†††††††††††† (d) living accommodation provided to temporarily shelter persons in need;

†††††††††††† (e) living accommodation provided in a hospital, nursing home or a home established to provide personal care for the aged;

††††††††††††† (f) living accommodation provided by an educational institution to its students including housing units for students owned by Memorial University of Newfoundland;

†††††††††††† (g) living accommodation provided by a religious, charitable or non-profit organization for the purpose for which it is established;

†††††††††††† (h) living accommodation provided by a cooperative housing corporation to its members or shareholders who occupy the living accommodation;

††††††††††††† (i) living accommodation attached to premises occupied for a business purpose where both are under a single rental agreement, unless the person occupying the living accommodation is someone other than the person occupying the premises for business purposes;

††††††††††††† (j) living accommodation

††††††††††††††††††††† (i) whose occupant is required to share a bathroom or kitchen facility with the owner who lives in the building in which the living accommodation is located, or

†††††††††††††††††††† (ii) in which meals or bed linens are provided;

†††††††††††† (k) a government agency that pays rent on behalf of a tenant;

††††††††††††† (l) an attornment clause in a mortgage or other instrument creating a security interest in residential premises; and

††††††††††† (m) residential complexes or residential premises that are exempted from this Act by regulation.

†††††††††††† (5) An arrangement, payment or other device, the purpose of which is to defeat this Act, is against public policy and void.

2000 cR-14.1 s3

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Crown bound

††††††† 4. (1) The Crown is bound by this Act.

†††††††††††† (2) Notwithstanding subsection (1), where residential premises are owned or administered by or for the Government of Canada or the province or a municipality or an agency of one of them and the rent for the premises is directly subsidized by the Government of Canada or the province, this Act does not apply to the

†††††††††††† (a) setting of rent based on the tenantís income;

†††††††††††† (b) subletting of the residential premises;

†††††††††††† (c) allocation of the residential premises based on household size; and

†††††††††††† (d) setting of a security deposit under subsection 12(1).

2000 cR-14.1 s4

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Provision of rental agreement and information

††††††† 5. (1) Upon entering into a rental agreement, the landlord, shall, without cost to the tenant, provide the tenant with a copy of this Act, and where requested by the landlord, the tenant shall sign an acknowledgement of receipt.

†††††††††††† (2) Where a landlord and tenant enter into a written rental agreement, the landlord shall, without cost to the tenant, provide the tenant with a duplicate copy of the executed rental agreement within 10 days after it is executed, and where requested by the landlord the tenant shall sign an acknowledgement of receipt.

†††††††††††† (3) Where the landlord has not provided the tenant with a duplicate copy of the executed rental agreement under subsection (2), notwithstanding the provisions of the rental agreement, the tenant is not required to pay rent for the period of time from execution of the rental agreement until the landlord complies with that subsection.

†††††††††††† (4) Rent paid by the tenant to the landlord which the tenant was not required to pay under subsection (3) may be retained by the landlord.

†††††††††††† (5) At the time a landlord and tenant enter into a rental agreement, the landlord shall, without cost to the tenant, give the tenant a written notice stating

†††††††††††† (a) the landlordís name, telephone number and address where documents may be received, delivered or served by the tenant; and

†††††††††††† (b) if the landlord has an agent responsible for the residential premises, that personís name, telephone number and address.

†††††††††††† (6) Where a landlord is replaced by a new landlord, the new landlord shall immediately, without cost to the tenant, give the tenant a written notice

†††††††††††† (a) containing the information set out in paragraphs (5)(a) and (b); and

†††††††††††† (b) stating the amount of the security deposit held under subsection 12(4) and the interest credited under subsection 12(5) to the date when the new landlord took possession of the premises.

†††††††††††† (7) A landlord shall, without cost to the tenant, immediately notify the tenant in writing of a change to the information under paragraphs (5)(a) or (b).

†††††††††††† (8) Where a landlord is a corporation registered under the Corporations Act , the notice under subsections 5(5), (6) and (7) shall include the corporation's name as registered under that Act.

2000 cR-14.1 s5

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Types of rental agreement

††††††† 6. (1) A landlord shall not enter into a rental agreement unless the premises are rented

†††††††††††† (a) from week to week;

†††††††††††† (b) from month to month; or

†††††††††††† (c) for a fixed term of not less than 6 months and not more than 12 months.

†††††††††††† (2) Where residential premises are rented for a period

†††††††††††† (a) that is less than one week, the residential premises shall be considered to be rented from week to week; and

†††††††††††† (b) that is more than one week and less than 6 months, the residential premises shall be considered to be rented from month to month.

†††††††††††† (3) Where a tenant retains possession of residential premises after a fixed term under paragraph (1)(c) has expired, and notice of termination of the rental agreement

†††††††††††† (a) has not been given, the relationship of landlord and tenant shall continue under the terms and conditions in the rental agreement, but the tenancy may be terminated by giving notice in accordance with paragraph 17(2)(b) or 17(3)(b); or

†††††††††††† (b) has been given, the relationship of landlord and tenant shall continue under the terms and conditions in the rental agreement until the expiration of the notice period.

2000 cR-14.1 s6

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Landlord and tenant relationship

††††††† 7. (1) A relationship of landlord and tenant may take effect at law or in equity from the date fixed for commencement in a rental agreement, without actual entry.

†††††††††††† (2) The doctrine of frustration of contract and the Frustrated Contracts Act apply to the relationship of landlord and tenant.

†††††††††††† (3) A common law rule respecting the effect of the breach of a material covenant by a party to a contract on the obligation to perform by the other party applies to the relationship of landlord and tenant.

†††††††††††† (4) Where a relationship of landlord and tenant exists, a covenant concerning a thing related to the residential premises is considered to run with the land whether or not the thing is in existence at the time the relationship commenced.

2000 cR-14.1 s7

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Statutory conditions

††††††† 8. (1) Notwithstanding an agreement, declaration, waiver or statement to the contrary, where the relationship of landlord and tenant exists, there shall be considered to be an agreement between the landlord and tenant that the following statutory conditions †††††† governing the residential premises apply.

††††††† 1. Obligation of the Landlord Ė

†††††††††††† (a) The Landlord shall maintain the premises in a good state of repair and fit for habitation during the tenancy and shall comply with a law respecting health, safety or housing.

†††††††††††† (b) Paragraph (a) applies regardless of whether, when the landlord and tenant entered into the rental agreement, the tenant had knowledge of a state of non-repair, unfitness for habitation or contravention of a law respecting health, safety or housing in the premises.

††††††† 2. Obligation of the Tenant - The tenant shall keep the premises clean, and shall repair damage caused by a wilful or negligent act of the tenant or of a person whom the tenant permits on the premises.

††††††† 3. Subletting Premises - The tenant may assign, sublet or otherwise part with possession of the premises subject to the consent of the landlord, and the landlord shall not arbitrarily or unreasonably withhold consent and shall not levy a charge in excess of expenses actually incurred by the landlord in relation to giving consent.

††††††† 4. Mitigation on Abandonment - Where the tenant abandons the premises, the landlord shall mitigate damages that may be caused by the abandonment to the extent that a party to a contract is required by law to mitigate damages.

††††††† 5. 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 rental agreement has been given and the entry is at a reasonable time for the purpose of exhibiting the premises to a prospective tenant or purchaser and a reasonable effort has been made to give the tenant at least 4 hours notice;

†††††††††††† (b) the entry is made at a reasonable time and written notice of the time of the entry has been given to the tenant at least 24 hours in advance of the entry; or

†††††††††††† (c) the tenant has abandoned the premises under section 27.

††††††† 6. Entry Doors - Except by mutual consent, neither the landlord nor the tenant shall, during the use or occupancy of the premises by the tenant, alter a lock or locking system on a door that gives entry to the premises.

††††††† 7. Peaceful Enjoyment Ė

†††††††††††† (a) The tenant shall not unreasonably interfere with the rights of a landlord or other tenants in the premises, a common area or the property of which they form a part.

†††††††††††† (b) The landlord shall not unreasonably interfere with the tenantís peaceful enjoyment of the premises, a common area or the property of which they form a part.

††††††† 8. Disconnection of Services - A landlord or tenant shall not, without the written consent of the other party to the rental agreement, disconnect or cause to be disconnected heat, water or electric power services being provided to the premises.

†††††††††††† (2) Where a landlord and tenant enter into a written rental agreement, the conditions set out in subsection (1) shall be reproduced in the agreement without variation or modification.

2000 cR-14.1 s8

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Rent paid in other than money

††††††† 9. (1) Where rent is payable in part or in whole in other than money, a landlord shall give to the tenant a written memorandum, signed by the landlord, specifying the payment in other than money and valuing in money each item contained in the payment.

†††††††††††† (2) For the purpose of complying with subsection (1) the memorandum may form part of a written rental agreement.

†††††††††††† (3) Subsection (1) applies whether rent is payable in other than money on one or more occasions or on a regular basis.

†††††††††††† (4) Where the landlord fails to value in money each item contained in the payment under subsection (1), the director may, upon hearing an application, value each item contained in the payment.

†††††††††††† (5) Where there is not a written memorandum between the landlord and tenant which provides for payment of rent in whole or in part in other than money, the director may, upon hearing an application, determine whether a verbal agreement exists between the parties and may value in money each item contained in the payment.

2000 cR-14.1 s9

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Future rent

††††† 10. (1) A landlord shall not require a tenant to make, or accept from a tenant,

†††††††††††† (a) a prepayment of the last weekís or the last monthís rent; or

†††††††††††† (b) a single rental payment that is greater than any other regular rental payment required under the tenancy agreement.

†††††††††††† (2) Notwithstanding subsection (1), a rental agreement may provide for the delivery of post-dated cheques for the payment of rent.

2000 cR-14.1 s10

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Rent for fixed term rental agreement

††††† 11. A rental agreement for a fixed term shall provide for payment of the rent by equal instalments, whether or not the total amount of rent payable for the term is stated.

2000 cR-14.1 s11

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Security deposit

††††† 12. (1) Where a landlord obtains from a tenant a sum of money or other value that is in addition to the rent payable in respect of the residential premises, the sum of money or value shall be considered to be a "security deposit".

†††††††††††† (2) A landlord shall not demand, or receive from a tenant a security deposit that is

†††††††††††† (a) more than the amount of rent payable for the first 2 weeks where the residential premises are rented from week to week;

†††††††††††† (b) more than 3/4 of the amount of rent payable for the first month where the residential premises are rented from month to month; or

†††††††††††† (c) more than 3/4 of the amount of rent that would be payable for the first month if the rent was proportioned to a monthly payment where the residential premises are rented for a fixed term of not less than 6 months and not more than 12 months.

†††††††††††† (3) Where a landlord receives a security deposit that is more than the amount permitted under subsection (2), the tenant may set off against the rent due the difference between the amount paid and the amount permitted, together with interest on the amount of the difference at the rate prescribed in subsection (6).

†††††††††††† (4) Upon receipt of a security deposit, the landlord shall give the tenant a written acknowledgement of receipt stating the amount of the deposit, the date of receipt, and the residential premises and residential complex to which it applies.

†††††††††††† (5) Within 2 banking days of receipt of a security deposit, the landlord shall deposit it in an interest bearing trust account that is used exclusively for security deposits, and the trust account shall be located in the province in a financial institution authorized to accept deposits.

†††††††††††† (6) A landlord shall credit interest to the tenant on the full amount or value of the security deposit, at the rate prescribed by the regulations, during the time the security deposit is held by the landlord.

†††††††††††† (7) A security deposit is not an asset of the landlord, but is held by the landlord in trust and may be used, retained or disbursed only as provided in this section.

†††††††††††† (8) Not later than 15 days after the tenant vacates the residential premises, the landlord shall return the security deposit to the tenant unless the landlord has a claim for all or a portion of the security deposit.

†††††††††††† (9) Where a landlord has a claim for all or a portion of the security deposit,

†††††††††††† (a) the landlord and tenant may enter into a written agreement on the disposition of the security deposit; or

†††††††††††† (b) if there is no agreement under paragraph (a), the landlord or the tenant may apply to the director to determine the disposition of the security deposit.

†††††††††† (10) Where the tenant makes an application under paragraph (9)(b), the landlord has 10 days from the date the landlord is served with a copy of the tenantís application, to make application to the director under paragraph (9)(b).

†††††††††† (11) A landlord who does not make an application in accordance with subsection (10) shall return the security deposit to the tenant.

†††††††††† (12) The failure of a landlord to apply under subsection (10) is not a bar to an application by the landlord under section 35, other than an application with respect to a claim against the security deposit.

†††††††††† (13) For the purpose of subsections (7) to (12) , "security deposit" includes the interest credited under subsection (6).

2000 cR-14.1 s12

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Fee for failure to pay rent

††††† 13. (1) Where a tenant has not paid the rent for a rental period within the time specified in the rental agreement, the landlord may assess a late payment fee in an amount set by the minister.

†††††††††††† (2) Where a cheque for the payment of rent is returned to a landlord by a financial institution for reason of "not sufficient funds", the landlord may assess a fee in an amount set by the minister.

2000 cR-14.1 s13

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Rental increase

††††† 14. (1) Notwithstanding another Act, agreement, declaration, waiver or statement to the contrary, a landlord shall not increase the rent payable by a tenant,

†††††††††††† (a) where the residential premises are rented for a fixed term, during the term of the rental agreement;

†††††††††††† (b) where the residential premises are rented from week to week or month to month,

††††††††††††††††††††† (i) more than once in a 12 month period, and

†††††††††††††††††††† (ii) notwithstanding subparagraph (i), during the 12 months immediately following the commencement of the rental agreement; or

†††††††††††† (c) where the relationship of landlord and tenant continues under subsection 6(3),

††††††††††††††††††††† (i) more than once in a 12 month period, and

†††††††††††††††††††† (ii) notwithstanding subparagraph (i), during the 12 months immediately following the commencement of the rental agreement for the fixed term.

†††††††††††† (2) Where a landlord increases the rent payable by a tenant, the increase shall be effective on the first day of a rental period, and the landlord shall give the tenant written notice of the increase

†††††††††††† (a) not less than 8 weeks before the effective date of the increase, where the residential premises are rented week to week; and

†††††††††††† (b) not less than 3 months before the effective date of the increase, where the residential premises are rented from month to month.

†††††††††††† (3) A notice under subsection (2) shall be signed by the landlord, identify the residential premises for which the notice is given, and

†††††††††††† (a) state the effective date of the increase;

†††††††††††† (b) state the amount of the increase;

†††††††††††† (c) state the rent payable when the increase becomes effective; and

†††††††††††† (d) be served in accordance with section 30.

†††††††††††† (4) Where a landlord discontinues a service, privilege, accommodation or thing or a service, privilege, accommodation or thing is unavailable for a time, and the discontinuance results in a reduction of the tenantís use and enjoyment of the residential premises, the value of the discontinued service, privilege, accommodation or thing is considered to be a rent increase.

†††††††††††† (5) The director may, upon hearing an application, value a service, privilege, accommodation or thing discontinued or unavailable for a time under subsection (4).

†††††††††††† (6) Notwithstanding subsection (1), where the landlord and tenant agree in writing, a landlord may increase the rent payable by a tenant for residential premises without notice under subsection (2) where the increase is due to the provision of a service, facility, privilege or thing, including a parking space, that was not previously provided under the rental agreement.

2000 cR-14.1 s14

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Record of tenantís payments

††††† 15. A landlord shall maintain a complete and up-to-date record of

†††††††††††† (a) rent and other money received from a tenant; and

†††††††††††† (b) the receipt and disbursement of a security deposit and interest under section 12.

2000 cR-14.1 s15

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Inspection of documents

††††† 16. The director may authorize a person in writing to enter the premises of a landlord, at a reasonable time, to determine compliance with this Act, and may authorize a person to demand the production of and inspect the books, documents, correspondence and records with respect to rent, a security deposit or other money received from a tenant.

2000 cR-14.1 s16

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Notice of termination of rental agreement

††††† 17. (1) Except where a landlord and tenant agree in writing upon a longer period of notice,

†††††††††††† (a) a tenant shall give the landlord notice as required under subsection (2) that the rental agreement is terminated and the tenant is vacating the residential premises; and

†††††††††††† (b) a landlord shall give the tenant notice as required under subsection (3) that the rental agreement is terminated and the tenant is required to vacate the residential premises.

†††††††††††† (2) The notice required to be given by a tenant under paragraph (1)(a) is

†††††††††††† (a) not less than 7 days before the end of a rental period, where the residential premises are rented from week to week;

†††††††††††† (b) not less than one month before the end of a rental period where the residential premises are rented from month to month;

†††††††††††† (c) not less than 2 months before the end of a fixed term specified in a rental agreement; and

†††††††††††† (d) notwithstanding paragraphs (a), (b) and (c), not less than one month before the end of a rental period where the residential premises are a site for a mobile home.

†††††††††††† (3) The notice required to be given by a landlord under paragraph (1)(b) is

†††††††††††† (a) not less than 4 weeks before the end of a rental period, where the residential premises are rented week to week;

†††††††††††† (b) not less than 3 months before the end of a rental period, where the residential premises are rented from month to month;

†††††††††††† (c) not less than 3 months before the end of a fixed term specified in a rental agreement; and

†††††††††††† (d) notwithstanding paragraphs (a), (b) and (c), not less than 6 months before the end of a rental period where the residential premises are a site for a mobile home.

†††††††††††† (4) Notwithstanding paragraph (3)(d), the director may, upon hearing an application by the tenant, determine that a 6 month notice period would result in undue hardship for the tenant, and may make an order extending the notice period.

†††††††††††† (5) Where, as a result of ill health, a tenant's income is reduced, the tenant, and where there are other tenants in the same residential premises, those other tenants, may, where the notice period required is longer than one month, terminate the tenancy by giving one month's notice to the landlord accompanied by evidence of the tenant's reduction in income.

†††††††††††† (6) Where a person who has been providing financial assistance towards the payment of a tenant's rent is, as a result of ill health, no longer able to provide that assistance, the tenant, and where there are other tenants in the same residential premises, those other tenants, may, where the notice period required is longer than one month, terminate the tenancy by giving one month's notice to the landlord accompanied by evidence of the ill health of the person who had been providing the financial assistance.

†††††††††††† (7) Where, as a result of the ill health of a family member, a tenant is required to take up residence with that family member, the tenant, and where there are other tenants in the same residential premises, those other tenants, may, where the notice period required is longer than one month, terminate the tenancy by giving one month's notice to the landlord accompanied by evidence of the ill health of the family member.

†††††††††††† (8) Where a tenant is admitted into a nursing home or other similar facility as a permanent resident, the tenant, and where there are other tenants in the same residential premises, those other tenants, may, where the notice period required is longer than one month, terminate the tenancy by giving one month's notice to the landlord accompanied by evidence of the tenant's admission into the nursing home or other similar facility.

†††††††††††† (9) Where a tenant dies, the administrator of the estate of the tenant, and where there are other tenants in the same residential premises, those other tenants, may, where the notice period required is longer than one month, terminate the tenancy by giving one month's notice to the landlord accompanied by evidence of the tenant's death.

†††††††††† (10) A notice under this section shall be in writing in the form prescribed by the minister and shall

†††††††††††† (a) be signed by the landlord, tenant or administrator giving the notice;

†††††††††††† (b) identify the residential premises for which the notice is given;

†††††††††††† (c) be given not later than the first day of a rental period;

†††††††††††† (d) state the date, which shall be the last day of a rental period, on which the rental agreement terminates and the tenant will vacate the premises; and

†††††††††††† (e) be served in accordance with section 30.

2000 cR-14.1 s17

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Notice where failure to pay rent

††††† 18. (1) Notwithstanding subsection 17(1),

†††††††††††† (a) where

††††††††††††††††††††† (i) residential premises are rented from month to month,

†††††††††††††††††††† (ii) a rental agreement is for a fixed term, or

††††††††††††††††††† (iii) residential premises are a site for a mobile home, and

the rent payable by a tenant is in arrears for 15 days, the landlord may give the tenant notice that the rental agreement is terminated and that the tenant is required to vacate the residential premises on a specified date not less than 10 days after the notice is served on the tenant; and

†††††††††††† (b) where the residential premises are rented from week to week and the rent payable by a tenant is in arrears for 3 days, the landlord may give the tenant notice that the rental agreement is terminated and that the tenant is required to vacate the residential premises on a specified date not less than 3 days after the notice is served on the tenant.

†††††††††††† (2) Notwithstanding subsection (1), where the tenant pays the full amount of rent in arrears, including a fee under section 13, before the date specified in the notice under paragraph (1)(a) or (b), the notice is void and of no effect.

†††††††††††† (3) Subsection (2) does not apply where notice is given to a tenant under paragraph (1)(a) or (b) more than twice within a period of 12 months.

†††††††††††† (4) A notice under this section shall be in writing in the form prescribed by the minister and shall

†††††††††††† (a) be signed by the landlord;

†††††††††††† (b) identify the residential premises for which the notice is given;

†††††††††††† (c) state the date on which the rental agreement terminates and the tenant must vacate the premises; and

†††††††††††† (d) be served in accordance with section 30.

2000 cR-14.1 s18

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Notice where material breach of agreement

††††† 19. (1) Where a landlord commits a material breach of a rental agreement, the tenant may give the landlord written notice of the breach, and if the landlord fails to remedy the breach within a reasonable time after the notice has been served, notwithstanding subsection 17(1), the tenant may give the landlord notice as required under subsection (3) that the rental agreement is terminated and the tenant is vacating the residential premises.

†††††††††††† (2) Where a tenant commits a material breach of a rental agreement, the landlord may give the tenant written notice of the breach, and if the tenant fails to remedy the breach within a reasonable time after the notice has been served, notwithstanding subsection 17(1), the landlord may give the tenant notice as required under subsection (3) that the rental agreement is terminated and the tenant is required to vacate the residential premises.

†††††††††††† (3) The notice required to be given under subsection (1) or (2) is

†††††††††††† (a) not less than one month before the end of a rental period where

††††††††††††††††††††† (i) the residential premises are rented from month to month,

†††††††††††††††††††† (ii) the rental agreement is for a fixed term, or

††††††††††††††††††† (iii) the residential premises are a site for a mobile home; and

†††††††††††† (b) not less than one week before the end of a rental period where the residential premises are rented from week to week.

†††††††††††† (4) Subsection 17(10) applies to a notice under this section.

†††††††††††† (5) In this section, "material breach of a rental agreement" includes an activity, work, project or thing that affects the integrity or value of a tenant's residential premises, or other residential premises in the residential complex in which the tenant's premises are located.

2000 cR-14.1 s19

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Notice when premises uninhabitable

††††† 20. (1) Notwithstanding subsection 17(1), where a landlord fails to maintain a premises in a state fit for habitation, the tenant may give the landlord notice that the rental agreement is terminated and the tenant is vacating the premises effective immediately.

†††††††††††† (2) Notwithstanding subsection 17(1), where an action of, or a failure to act by, a tenant makes a premises unfit for habitation, the landlord may give the tenant notice that the rental agreement is terminated and that the tenant is required to vacate the premises effective immediately.

†††††††††††† (3) A notice under this section shall be in writing in the form prescribed by the minister and shall

†††††††††††† (a) be signed by the tenant or the landlord;

†††††††††††† (b) identify the residential premises for which notice is given;

†††††††††††† (c) state the date on which the rental agreement terminates and the tenant intends to vacate the premises or the date by which the tenant is required to vacate the premises; and

†††††††††††† (d) be served in accordance with section 30.

2000 cR-14.1 s20

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Notice where tenantís obligation not met

††††† 21. (1) Notwithstanding subsection 17(1), where a tenant fails to comply with statutory condition 2 under subsection 8(1), the landlord may give the tenant written notice requiring the tenant to comply with the condition.

†††††††††††† (2) Where a tenant fails to comply with statutory condition 2 within 3 days after the notice under subsection (1) has been served, or within a reasonable time in the circumstances, the landlord may give the tenant notice that the rental agreement is terminated and the tenant is required to vacate the residential premises on a specified date not less than 5 days after the notice has been served.

†††††††††††† (3) A notice under this section shall be in writing in the form prescribed by the minister and shall

†††††††††††† (a) be signed by the landlord;

†††††††††††† (b) identify the residential premises for which the notice is given;

†††††††††††† (c) state the date on which the rental agreement terminates and the tenant must vacate the premises; and

†††††††††††† (d) be served in accordance with section 30.

2000 cR-14.1 s21

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Notice where landlord fails to provide peaceful enjoyment

††††† 22. ( 1) Notwithstanding subsection 17(1), where a landlord fails to comply with statutory condition 7(b) set out in subsection 8(1), the tenant may give the landlord notice that the rental agreement is terminated and the tenant is vacating the residential premises on a specified date not less than 5 days, but not more than 14 days, after the notice has been served.

†††††††††††† (2) A notice under this section shall be in writing in the form prescribed by the minister and shall

†††††††††††† (a) be signed by the tenant;

†††††††††††† (b) identify the residential premises for which the notice is given;

†††††††††††† (c) state the date on which the rental agreement terminates and the tenant will vacate the residential premises; and

†††††††††††† (d) be served in accordance with section 30.

2000 cR-14.1 s22

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Notice when tenant fails to comply with peaceful enjoyment

††††† 23. (1) Notwithstanding subsection 17(1), where a tenant fails to comply with statutory condition 7(a) set out in subsection 8(1), the landlord may give the tenant notice that the rental agreement is terminated and the tenant is required to vacate the residential premises on a specified date not less than 5 days after the notice has been served.

†††††††††††† (2) A notice under this section shall be in writing in the form prescribed by the minister and shall

†††††††††††† (a) be signed by the landlord;

†††††††††††† (b) identify the residential premises for which the notice is given;

†††††††††††† (c) state the date on which the rental agreement terminates and the tenant will vacate the residential premises; and

†††††††††††† (d) be served in accordance with section 30.

2000 cR-14.1 s23

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Group eviction

††††† 24. (1) In this section "group eviction" means

†††††††††††† (a) at or about the same time not fewer than Ĺ of the tenants in a residential complex receive from the landlord a notice of termination of a rental agreement under subsection 17(1), or a refusal to renew a rental agreement; or

†††††††††††† (b) the director, having regard to the circumstances of the case, determines that a primary purpose of giving a notice of termination of a rental agreement to, or refusing to renew a rental agreement for, more than one tenant in a residential complex is to effect a group eviction as described in paragraph (a).

†††††††††††† (2) Notwithstanding an agreement, declaration, waiver or statement to the contrary, where a residential complex, other than a mobile home park, has more than 9 residential premises, or a mobile home park has more than 5 residential premises, a landlord shall not give a tenant a notice of termination of a rental agreement under subsection 17(1) or refuse to renew a rental agreement where the termination or refusal would constitute or result in a group eviction.

†††††††††††† (3) A landlord may refuse to renew a rental agreement or may give a tenant notice that a rental agreement is terminated and the tenant is required to vacate the residential premises where subsection 18(1), 19(2), 21(2), or 23(1) applies.

†††††††††††† (4) Where a landlord gives a tenant notice to terminate the tenancy or refuses to renew a rental agreement such that the termination or refusal constitutes or results in a group eviction, the tenant may give a written notice of not less than 10 days to terminate the tenancy and shall be required to pay rent only up to the date the tenant vacates.

†††††††††††† (5) A landlord may give a notice to the tenants under subsection 17(1) to terminate the tenancy where the landlord requires possession of the residential premises for the purpose of

†††††††††††† (a) demolition;

†††††††††††† (b) changing the use of the residential premises to a use other than that of rented residential premises; or

†††††††††††† (c) making a repair or renovation so extensive as to require vacant possession of the residential premises

provided that the landlord has obtained a permit or authority required for the purpose for which possession is required under paragraph (a).

†††††††††††† (6) Where a landlord does not

†††††††††††† (a) demolish the residential premises;

†††††††††††† (b) change the use of the residential premises to a use other than that of rented residential premises; or

†††††††††††† (c) make repairs or renovations to the residential premises,

the landlord shall continue to charge the same rent as at the time of termination.

†††††††††††† (7) Where a landlord receives an acceptable offer to purchase a condominium unit converted from rented residential premises, a tenant, who has resided in the residential premises for a period of 5 consecutive years or more, has a right of first refusal to purchase the unit at the price and subject to the terms and conditions in the offer.

†††††††††††† (8) Subsection (7) does not apply when, the offer to purchase is an offer to purchase more than one unit.

†††††††††††† (9) The landlord shall give the tenant referred to in subsection (8) at least 72 hours notice of the offer to purchase the unit before accepting the offer.

2000 cR-14.1 s24

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Termination for invalid purpose

††††† 25. (1) A landlord shall not

†††††††††††† (a) terminate or give notice to terminate a rental agreement; or

†††††††††††† (b) directly or indirectly coerce, threaten, intimidate or harass a tenant or a member of the tenantís family,

in retaliation for, or for the purpose of deterring the tenant from, making or intervening in a complaint or application because of a resort by the tenant to a governmental authority concerning the residential premises or of an attempt by the tenant to enforce or secure rights.

†††††††††††† (2) A tenant who is served with a notice of termination of a rental agreement may, not later than one month after receiving the notice, apply to the director for an order declaring the notice void and of no effect for a reason set out in subsection (1).

2000 cR-14.1 s25

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Entry by public

††††† 26. (1) A landlord shall not restrict reasonable access by a member of the public to rented residential premises for a reasonable purpose.

†††††††††††† (2) A landlord shall not restrict reasonable access to rented residential premises for the purpose of canvassing or distributing election material by a candidate for election to the House of Commons, the House of Assembly, a municipal government, a school board, or a similar government or board, or a candidateís representative.

2000 cR-14.1 s26

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Abandonment of premises by tenant

††††† 27. (1) Where a tenant has abandoned the premises, the landlord may enter and take possession of the premises.

†††††††††††† (2) For the purpose of this Act, a tenant is considered to have abandoned residential premises where the rental agreement is not terminated in accordance with this Act or the agreement.

†††††††††††† (3) Before entering residential premises for the purpose of taking possession under subsection (1), the landlord shall, not less than 24 hours before entering, post a notice in a conspicuous place on the premises stating

†††††††††††† (a) the landlordís belief that the tenant has abandoned the premises;

†††††††††††† (b) the landlordís intention to enter for the purpose of taking possession unless the tenant notifies the landlord, before the time set out in the notice, that the tenant has not abandoned the premises; and

†††††††††††† (c) the day and hour when the entry will take place.

†††††††††††† (4) Where the tenant notifies the landlord under paragraph 3(b) that the residential premises have not been abandoned, the landlord shall not enter the premises.

2000 cR-14.1 s27

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Abandoned personal property

††††† 28. (1) Where a tenant abandons or vacates residential premises, subject to an agreement in writing providing for storage of the tenantís personal property, the landlord shall remove personal property left on the premises by the tenant and immediately place it in safe storage.

†††††††††††† (2) The property placed in storage under subsection (1) shall be held in storage for not less than 60 days or until the tenant takes possession under subsection (5), whichever is earlier.

†††††††††††† (3) A landlord who removes personal property under subsection (1), shall, at the earliest reasonable opportunity,

†††††††††††† (a) provide the director with an inventory of the property; and

†††††††††††† (b) if the landlord knows an address for the tenant, provide the tenant with a copy of the inventory.

†††††††††††† (4) Notwithstanding subsection (1), subject to an agreement in writing providing for storage of the tenantís personal property, where a tenant abandons or vacates residential premises and the landlord believes on reasonable grounds that personal property left on the premises by the tenant

†††††††††††† (a) is of no monetary value;

†††††††††††† (b) is unsanitary or unsafe to store; or

†††††††††††† (c) is such that the sale of the property would realize an amount that is less than the cost of removal, storage and sale,

the director may, in writing, authorize the landlord to dispose of the property in the manner and subject to the terms and conditions that the director may order.

†††††††††††† (5) The tenant who left personal property, or the owner of the property, that is stored under subsection (1) may, while the property is held in storage, claim and take possession of the property by paying to the landlord the costs reasonably incurred by the landlord to remove and store the property.

†††††††††††† (6) Where a tenant or owner takes possession of personal property under subsection (5), the landlord shall notify the director at the earliest reasonable opportunity.

†††††††††††† (7) Where a tenant or owner does not take possession of property under subsection (5) within the time set out in subsection (2), the landlord may sell the property subject to terms and conditions set by the director.

†††††††††††† (8) Where property is sold under subsection (7), the landlord

†††††††††††† (a) may retain from the proceeds of the sale, the amount

††††††††††††††††††††† (i) of the costs reasonably incurred by the landlord for the removal, storage and sale of the property, and

†††††††††††††††††††† (ii) necessary to satisfy an order made by the director for compensation payable to the landlord by the tenant; and

†††††††††††† (b) shall, as soon as reasonably possible, deliver to the director

††††††††††††††††††††† (i) the proceeds of the sale, less the amount retained under paragraph (a), and

†††††††††††††††††††† (ii) a written statement of account regarding the sale and distribution of the proceeds.

†††††††††††† (9) The director shall hold the proceeds delivered by the landlord under subparagraph (8)(b)(i) in trust for the tenant or owner in an interest bearing trust account in a financial institution located in the province and authorized to accept deposits.

†††††††††† (10) Where proceeds held in trust by the director are not claimed under subsection (11) within one year after the sale, the director shall remit the proceeds, together with interest earned, to the Consolidated Revenue Fund.

†††††††††† (11) Where a tenant or a person claims title to personal property sold under subsection (7), the director or the Minister of Finance, under subsection (9) or (10), shall, upon satisfactory proof of the claim, pay the proceeds to that tenant or person.

2000 cR-14.1 s28

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Seizure of property

††††† 29. A landlord shall not seize a tenantís personal property for reason of or to compensate for a breach of an obligation by the tenant, including default in the payment of rent.

2000 cR-14.1 s29

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Service of notice

††††† 30. (1) A notice or other document under this Act other than an application under subsection 35(3) may be served by a tenant on a landlord by

†††††††††††† (a) giving it personally to the landlord;

†††††††††††† (b) giving it to a person 16 years of age or older who apparently lives with the landlord;

†††††††††††† (c) posting it in a conspicuous place on the landlordís premises;

†††††††††††† (d) placing it in the landlordís mailbox or under a door in the landlordís premises;

†††††††††††† (e) sending it to the landlord by registered mail, express post, prepaid, at an address

††††††††††††††††††††† (i) where the rent is payable,

†††††††††††††††††††† (ii) provided under subsection 5(6), or

††††††††††††††††††† (iii) where the landlord carries on business;

††††††††††††† (f) having it delivered to the landlord by courier service at an address set out in paragraph (e); or

†††††††††††† (g) a method authorized by the director.

†††††††††††† (2) A notice or other document under this Act other than an application under subsection 35(3) may be served by a landlord on a tenant by

†††††††††††† (a) giving it personally to the tenant;

†††††††††††† (b) giving it to a person 16 years of age or older who apparently lives with the tenant;

†††††††††††† (c) posting it in a conspicuous place on the tenantís residential premises;

†††††††††††† (d) placing it in the tenantís mailbox or under a door in the tenantís residential premises;

†††††††††††† (e) sending it to the tenant by registered mail, express post, prepaid, at an address

††††††††††††††††††††† (i) provided by the tenant, or

†††††††††††††††††††† (ii) where the tenant carries on business;

††††††††††††† (f) having it delivered to the tenant by courier service at an address set out in paragraph (e); or

†††††††††††† (g) a method authorized by the director.

†††††††††††† (3) Where the landlord is a company, a notice under subsection (1) may be given personally to a director, manager or other officer of that company or by leaving it at, or sending it to the registered office of that company by a method set out in paragraph (1)(e), (f), or (g).

†††††††††††† (4) For the purpose of this section, where a notice or document is sent by registered mail or express post, it shall be considered to have been served on the fifth day after mailing, and the service may be proved by providing evidence that the notice or document was prepaid and properly addressed and sent.

2000 cR-14.1 s30

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Appointment of director

††††† 31. (1) The Lieutenant-Governor in Council shall appoint a Director of Residential Tenancies who shall be responsible for

†††††††††††† (a) the general administration of this Act;

†††††††††††† (b) exercising the powers and performing the duties of the director under this Act; and

†††††††††††† (c) providing information to landlords and tenants and others respecting rights and obligations under this Act.

†††††††††††† (2) The Lieutenant-Governor in Council may appoint a Deputy Director of Residential Tenancies who, in the absence or incapacity of the director, shall perform the duties and exercise the powers of the director.

2000 cR-14.1 s31

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Powers of director

††††† 32. The director may

†††††††††††† (a) on his or her own initiative, investigate and determine a matter arising under a rental agreement or this Act; and

†††††††††††† (b) assign the duties, including mediation and adjudication of disputes, to the staff that the director may consider appropriate.

2000 cR-14.1 s32

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Liability of director

††††† 33. The director, or a person acting on behalf of the director, shall not be liable for anything done in good faith in the course of his or her employment under this Act.

2000 cR-14.1 s33

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Investigations

††††† 34. (1) The director and other staff authorized by the minister may at a reasonable time enter residential premises for the purpose of carrying out an investigation or inspection under this Act, so long as it is reasonably necessary to determine compliance with this Act.

†††††††††††† (2) A person authorized under subsection (1) to investigate or inspect shall be referred to as an "investigator".

†††††††††††† (3) Where the director believes on reasonable grounds that a person has contravened this Act or the regulations, an investigator may, with a warrant issued under subsection (4), at a reasonable time enter upon the premises and may investigate, inspect, inquire into and examine the affairs of the person in respect of whom the investigation or inspection is being made.

†††††††††††† (4) A Provincial Court judge who is satisfied by information upon oath or affirmation that there are reasonable grounds for believing that there is on residential premises anything that there are reasonable grounds to believe will give evidence with respect to a contravention of this Act may issue a warrant authorizing an investigator to enter, inspect and search those premises and to make those enquiries and copies of books, documents, correspondence and records that are considered necessary, subject to the conditions that may be specified in the warrant.

†††††††††††† (5) The owner or person in charge of the premises referred to in this section and a person found there shall give an investigator reasonable help to enable the investigator to carry out his or her duties and functions under this section and shall provide the information that the investigator may reasonably require.

2000 cR-14.1 s34; 2004 c36 s38

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Application to director

††††† 35. (1) A landlord or tenant may, within 2 years after termination of the tenancy, apply to the director to determine

†††††††††††† (a) a question arising under this Act;

†††††††††††† (b) whether a provision of a rental agreement has been breached; or

†††††††††††† (c) whether a provision of this Act has been contravened.

†††††††††††† (2) An application under subsection (1) shall be submitted to the director in the form, and accompanied by the fee, prescribed by the minister.

†††††††††††† (3) Upon making an application under subsection (1), the applicant shall serve the other parties to the matter with a copy of the application by personal service, registered mail, courier service or express post.

†††††††††††† (4) The director may permit an application to be served in a manner other than provided for in subsection (3).

2000 cR-14.1 s35

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Refusal of application

††††† 36. Notwithstanding section 38, the director may refuse to accept an application under section 35 or may dismiss an application at any stage in the proceeding where, in the directorís opinion, the matter is trivial, frivolous, vexatious or has not been initiated in good faith, and may issue an order to that effect.

2000 cR-14.1 s36

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Withdrawal of application

††††† 37. An applicant may withdraw an application under section 35 before an order is issued.

2000 cR-14.1 s37

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Investigation and mediation of application

††††† 38. (1) The director shall review an application submitted under section 35 and may, where the director believes it is warranted, endeavour to mediate a settlement of the matter.

†††††††††††† (2) The director has exclusive jurisdiction to investigate and endeavour to mediate a settlement of the matter under subsection (1).

†††††††††††† (3) A settlement of a matter under subsection (1)

†††††††††††† (a) shall be in writing and signed by the parties; and

†††††††††††† (b) is not subject to reconsideration or appeal to the court.

†††††††††††† (4) When a settlement agreement entered into by the parties under subsection (2) is not complied with, the director may, without holding a hearing, issue an order which, upon being certified by the director, shall be enforced under section 41.

†††††††††††† (5) Notwithstanding subsection (1), the director may

†††††††††††† (a) immediately order that a hearing be held to determine the matter where, in the directorís opinion, the parties are unlikely to settle the matter by mediation within 14 days after mediation commences;

†††††††††††† (b) without endeavouring to mediate the matter, and without holding a hearing, make an order under section 41 where the matter is urgent and involves the safety or security of a landlord or a tenant; or

†††††††††††† (c) conduct a hearing orally, including by telephone, or in writing or partly orally and partly in writing.

2000 cR-14.1 s38

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Rules of a hearing

††††† 39. (1) The director may

†††††††††††† (a) prescribe rules of procedure and evidence for a hearing;

†††††††††††† (b) order the type and nature of information to be provided by a person to the director before or during a hearing; and

†††††††††††† (c) receive or accept evidence and information on oath, affirmation, affidavit or otherwise, whether or not that evidence or information is admissible as evidence in a court of law.

†††††††††††† (2) A person shall provide information as ordered by the director under paragraph (1)(b).

†††††††††††† (3) For the purpose of a hearing,

†††††††††††† (a) the director and staff have the powers, privileges and immunities that are or may be conferred on a commissioner under the Public Inquiries Act ;

†††††††††††† (b) the director and staff are considered to be an investigating body for the purpose of the Public Investigations Evidence Act;

†††††††††††† (c) there shall be full right to examine and cross-examine a witness and to bring forward evidence in response and reply; and

†††††††††††† (d) section 3 of the Public Inquiries Act shall apply to a witness.

†††††††††††† (4) A person is not bound to appear as a witness unless the person is paid or is offered the witness fee set by the minister.

2000 cR-14.1 s39

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Notice of hearing or order

††††† 40. (1) The director shall notify a landlord and tenant

†††††††††††† (a) of the time and place of a hearing respecting them other than as provided under subsection 35(3); and

†††††††††††† (b) of an order of the director respecting them, by registered mail, express post, courier or by personal service,

except that in the case where more than 50 tenants are in the same residential complex, notification may be deposited in the mail box of each tenant and posted in a conspicuous place in the residential complex.

†††††††††††† (2) The director may, for the purpose of notification under this section, use the address of a landlord as provided under subsections 5(5) and (6) and, where the landlord is a corporation, may apply subsection 30(3).

†††††††††††† (3) Where a notice or order referred to in subsections (1) and (2) is sent by registered mail, it shall be considered to have been served on the fifth day after mailing.

†††††††††††† (4) Where tenants have in writing authorized a representative to accept notice on their behalf, notification by the director to that representative is, notwithstanding subsection (1), sufficient notification to the tenants under this Act.

2000 cR-14.1 s40

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Order of the director

††††† 41. (1) Upon hearing an application, or where a hearing is not held under subsection 38(5), the director may make an order,

†††††††††††† (a) determining the rights and obligations of the landlord and tenant;

†††††††††††† (b) directing the payment or repayment of money from the landlord to the tenant or from the tenant to the landlord;

†††††††††††† (c) requiring the landlord or tenant who has contravened an obligation of a rental agreement to comply with or perform the obligation;

†††††††††††† (d) requiring the landlord to compensate the tenant or the tenant to compensate the landlord for loss suffered or expense incurred as a result of a contravention or breach of this Act or the rental agreement;

†††††††††††† (e) directing that the landlord be put into possession of the residential premises on a specified date;

††††††††††††† (f) directing the landlord to deliver up to the tenant possession of property seized in contravention of this Act or the rental agreement or to compensate the tenant for the value of the property seized;

†††††††††††† (g) directing the tenant to deliver up to the landlord possession of property seized in contravention of this Act or the rental agreement or to compensate the landlord for the value of the property seized;

†††††††††††† (h) directing the landlord to pay to the tenant an amount as compensation for inconvenience as a result of a breach of this Act or the rental agreement, and authorizing the tenant to set off that amount against a future rent payment;

††††††††††††† (i) authorizing the tenant to set off, in the manner specified in the order, money the landlord owes to the tenant against money the tenant owes to the landlord;

††††††††††††† (j) authorizing the landlord to set off, in the matter specified in the order, other than the security deposit where the landlord has not made application under subsection 12(9), money the tenant owes to the landlord against money the landlord owes to the tenant;

†††††††††††† (k) directing a tenant to pay the rent or a specified part of the rent to the director;

††††††††††††† (l) determining the validity of a notice to terminate the rental agreement;

††††††††††† (m) determining the disposition of a security deposit;

†††††††††††† (n) extending the notice period required under subsection 17(4); and

†††††††††††† (o) imposing terms and conditions the director considers appropriate, including terms and conditions to ensure compliance with this Act and the rental agreement.

†††††††††††† (2) An order of the director, under this section or section 43, upon being certified, may be enforced as, or in the same manner as, a judgment of the court.

†††††††††††† (3) Where an order of the director under this section or section 43, whether in whole or in part, requires the payment of an amount of money that is within the jurisdiction of the Provincial Court under the Small Claims Act , that order, or the portion of the order requiring the payment of money, shall by filing, be entered as a judgment of the Provincial Court and enforced as a judgment or order of that court.

†††††††††††† (4) An order, under paragraphs (1)(e), (f) and (g) shall be directed to the sheriff for enforcement.

2000 cR-14.1 s41

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Authority of director

††††† 42. The director is not disqualified from conducting a hearing and making an order under section 41 by reason of having investigated or endeavoured to mediate the matter under section 38.

2000 cR-14.1 s42

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Reconsideration of order

††††† 43. (1) A landlord or tenant may make an application to the director for reconsideration of an order under section 41.

†††††††††††† (2) An application under subsection (1) shall

†††††††††††† (a) be submitted in the form, and accompanied by the fee set by minister;

†††††††††††† (b) be filed or postmarked not later than 7 days after service of written notice of the directorís order on the person making the application; and

†††††††††††† (c) specify the reasons for the application.

†††††††††††† (3) Not later than 15 days after submitting an application under subsection (1), the applicant shall serve each party to the order with a copy of the application by personal service, courier or by a form of mail that provides evidence of receipt of the mail.

†††††††††††† (4) After considering an application under subsection (1), the director may confirm, vary or cancel all or part of the order made in accordance with section 41.

†††††††††††† (5) The director shall not vary or cancel all or part of an order under subsection (4) unless each party to the order first has the opportunity to respond to the application in writing or at a hearing, in the discretion of the director.

†††††††††††† (6) The director may refuse an application for reconsideration where, in the directorís opinion, the matter is trivial, frivolous, vexatious or has not been initiated in good faith, and may issue an order to that effect.

2000 cR-14.1 s43

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Appeal from directorís order

††††† 44. (1) An appeal lies to the Trial Division from an order of the director under section 41 or 43 on a question of jurisdiction or law.

†††††††††††† (2) An appeal under subsection (1) shall be made not later than 30 days after service of written notice of the directorís order on the person commencing the appeal or, where there has been a reconsideration by the director, within 30 days after service of the reconsideration order.

†††††††††††† (3) The practice and procedure under the Rules of the Supreme Court, 1986 relating to appeals apply to an appeal made under this section, with the exception of rule 57.03(2).

2000 cR-14.1 s44

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Offence

††††† 45. (1) A person who contravenes or fails to comply with this Act or an order under this Act is guilty of an offence and is liable on summary conviction to a fine not exceeding $400, and in default of payment, to imprisonment for a term not exceeding 4 months.

†††††††††††† (2) A conviction under subsection (1) does not operate as a bar to further prosecution for the continued contravention or failure to comply with this Act or an order made under this Act, and the continuance of the contravention or failure to comply for each day or part of the day constitutes a separate offence.

2000 cR-14.1 s45

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Regulations

††††† 46. (1)†The Lieutenant-Governor in Council may make regulations providing for an exemption from this Act or parts of this Act.

†††††††††††† (2) The minister may make regulations

†††††††††††† (a) setting the rate of interest for a security deposit under subsection 12(6); and

†††††††††††† (b) generally to give effect to the purpose of this Act.

2000 cR-14.1 s46; 2001 c42 s38

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Fees and forms

††††† 47. The minister may approve forms and set fees and approve expenses for the purpose of this Act.

2000 cR-14.1 s47

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Application of this Act

††††† 48. (1) Where an adjudicator has begun to adjudicate on a matter prior to the coming into force of this Act and has not given a decision with respect to the matter, the Act repealed by this Act continues to apply to the determination of that matter.

†††††††††††† (2) This Act applies to a rental agreement entered into before this Act comes into force as well as to a rental agreement entered into after this Act comes into force.

2000 cR-14.1 s48

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RSN 1990 cR-14
Rep.

††††† 49. The Residential Tenancies Act is repealed.

2000 cR-14.1 s49

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Commencement

††††† 50. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council. (In force - Sept. 1/00)

2000 cR-14.1 s50