1993 Legislative Session: 2nd Session, 35th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


HONOURABLE MOE SIHOTA
MINISTER OF LABOUR AND CONSUMER
SERVICES AND MINISTER RESPONSIBLE
FOR CONSTITUTIONAL AFFAIRS

BILL 67 -- 1993

RESIDENTIAL TENANCY AMENDMENT ACT, 1993

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 1 of the Residential Tenancy Act, S.B.C. 1984, c. 15, is amended

(a) by repealing the definition of "child",

(b) by adding the following definitions:

"dispute resolution committee" means the Manufactured Home Park Dispute Resolution Committee established under section 45.72;

"review panel" means the Arbitration Review Panel established under section 45.1; , and

(c) in paragraph (g) of the definition of "security deposit" by striking out "terminates" and substituting "ends".

2 The following section is added:

Standard form tenancy agreement

3.1 (1) Without restricting the generality of section 3, the Lieutenant Governor in Council may make regulations respecting a standard form tenancy agreement and requiring its use.

(2) Without restricting the generality of subsection (1), the Lieutenant Governor in Council may prescribe

(a) different standard form tenancy agreements for use

(i) by different classes of persons, or

(ii) in different circumstances,

(b) that the terms of the standard form tenancy agreement are deemed to be included in tenancy agreements or classes of tenancy agreements that

(i) are in existence at the time this paragraph comes into force, or

(ii) are entered into after this paragraph comes into force,

(c) that if the terms of a standard form tenancy agreement are deemed to be included in a tenancy agreement or class of tenancy agreement, a provision of the tenancy agreement or class of tenancy agreement that is in conflict with the standard form tenancy agreement is void, or

(d) that if a person, or class of persons, is required to use a standard form tenancy agreement and instead uses another tenancy agreement, that other agreement is void and the standard form tenancy agreement is deemed to be the agreement that was entered into.

3 Sections 7 (2) and (3), 23 (1), 36 (1) (c) and 49 (3) are amended by striking out "terminated" wherever it appears and substituting "ended".

4 Section 13 is amended

(a) by repealing subsection (1) and substituting the following:

(1) A landlord and tenant shall be deemed to have agreed to submit to an arbitrator

(a) an application that is under section 9, 10 (1) and (4), 11 (1) (f), 16, 18 (5), 20, 21 (1), (3) and (4), 26 (3), 28, 30, 33 (3), 35, 36, 37, 45.77, 48.2 or 49.1, and

(b) a dispute over the amount of a rent increase between a tenant of a manufactured home pad and the landlord if

(i) the manufactured home pad is rented in circumstances other than where the tenant is renting a manufactured home and the pad under a single tenancy agreement, and

(ii) the rent increase notice under section 18 is given on or after October 1, 1992.

(1.1) In an arbitration of a dispute under subsection (1) (b) the arbitrator

(a) shall apply any guidelines for rent increases that have been published by the minister under section 45.73 (2),

(b) may order that the rent increase be a specified amount, and

(c) may order that the rent increase ordered under paragraph (b) is effective on or after the effective date of the rent increase specified in the notice of rent increase given by the landlord under section 18.

(1.2) An order under subsection (1.1) (c) may be made retroactive to the effective date of the rent increase specified in the notice of rent increase given by the landlord, and if the order is made retroactive it is deemed to have come into force on the date to which it is made retroactive.

(1.3) If the amount of a rent increase is the subject of an order under subsection (1.1) or (1.2) and the rent has been collected other than in accordance with the order, the amount of the rent increase that is contrary to the order and that has been paid by the tenant

(a) may be set off against all or part of the rent due from the tenant, or

(b) is recoverable by the tenant.

(1.4) A landlord or tenant may not apply for arbitration of a dispute under subsection (1) (b) until the dispute has been mediated under Part 4.1. ,

(b) in subsection (2) (d) by striking out "under the Small Claim Act or Small Claims Act whichever is in force at the time of the application," and substituting "under the Small Claims Act,", and

(c) in subsection (3) by striking out "subsection (1)" and substituting "subsection (1) (a)".

5 Section 15.1 (1) is amended by striking out "the termination" and substituting "the end" and by striking out "lease" and substituting "tenancy".

6 Section 16 is repealed and the following substituted:

Security deposit return and interest

16 (1) A landlord who receives a security deposit shall pay interest on it calculated in accordance with section 17.

(2) The landlord shall return the security deposit and interest to the tenant on or before the 15th day after the end of the tenancy agreement, except for an amount that

(a) the tenant agrees in writing to allow the landlord to keep as payment for unpaid rent or damages, or

(b) an arbitrator has ordered the tenant to pay to the landlord.

(3) Subsection (2) does not apply if the landlord applies for an order under subsection (4) on or before the 15th day after the end of the tenancy agreement.

(4) On application by a landlord, the court, or an arbitrator under section 13, may make an order that a landlord retain or return some or all of a security deposit.

(5) An agreement under subsection (2) (a) is unenforceable if a landlord requires a person to make it

(a) as a condition of entering into a tenancy agreement, or

(b) as a term of a tenancy agreement.

(6) If a landlord fails to comply with subsection (2) and does not apply for an order under subsection (4) the tenant may apply to the registrar for an order that the landlord pay to the tenant the security deposit plus interest and any fee that has been paid under subsection (7).

(7) An application under subsection (6) must

(a) be in a form satisfactory to the registrar, and

(b) be accompanied by the prescribed fee, if any.

(8) On an application by a tenant under subsection (6) the registrar or a person authorized by the registrar may order the landlord to pay the security deposit plus interest to the tenant.

(9) An order under subsection (8) does not take effect unless the tenant serves a copy of it on the landlord in accordance with section 50.1.

(10) A landlord shall not apply for the order referred to in subsection (4) after the 15th day following the end of the tenancy agreement.

(11) A tenant shall not begin an action or claim for the return of a security deposit after 2 years following the end of the tenancy agreement.

(12) If, after the end of the tenancy agreement, the landlord is unable to locate the tenant, any money owing to the tenant under this section is deemed to be held in trust by the landlord for the tenant for 2 years following the end of the tenancy agreement.

(13) If the money owing to the tenant is not claimed by the tenant within 2 years following the end of the tenancy agreement, the money is forfeited to the landlord.

7 Sections 22 (2), 23 (1) (a), 25 (1) and (2), 26 (1) and (2), 27 (1) to (3), 29 (1) (a) (i) and (b) (i), (2) to (4), (6) and (7), 30 (1), (2) and (3), 31 (1) and (2), 33 (2) and (3), 34, 35 (1), (2) and (4), 36 (1) (b) (i) and 48 (7) are amended by striking out "of termination" wherever it appears and substituting "of the end of the tenancy agreement".

8 Section 23 (2) is amended by striking out "on termination" and substituting "on the end" and sections 29 (8) and 31 (3) are amended by striking out "On termination" and substituting "On the end".

9 Section 24 is amended by striking out "of termination in respect" and substituting "of the end".

10 Sections 28 (c) and 31 (1) are amended by striking out "to terminate" and substituting "to end".

11 Section 29 is amended

(a) in subsection (4) by adding "and the landlord has obtained whatever permits or approvals are required by law to demolish, convert or renovate the residential premises," before "the landlord may give a notice", and

(b) in subsection (7) by striking out "6 months." and substituting "12 months."

12 Section 30 (2.1) is amended by striking out "Where a landlord has given notice under section 29 (6.1)," and substituting "Where a landlord has given notice under section 29 (4) or (6.1),".

13 Section 32 is repealed and the following substituted:

Early notice by tenant

32 If a landlord gives a tenant a notice of the end of a tenancy agreement under section 29, the tenant may, at any time during the period of notice,

(a) give to the landlord at least 10 days' written notice of a date for the end of the tenancy agreement that is earlier than that specified by the landlord, and

(b) pay the landlord, on the date the notice is given under paragraph (a), the proportionate amount of rent due up to the date of the end of the tenancy agreement as specified in that notice.

14 Section 33 (1) is repealed and the following substituted:

(1) A notice of the end of a tenancy agreement shall

(a) be in writing and signed by the landlord or tenant giving the notice,

(b) specify the date the tenancy agreement ends,

(c) identify the residential premises concerned,

(d) if the notice is given by a landlord under section 25, 27, 29 or 31,

(i) specify the reasons for, and particulars of, the end of the tenancy agreement, and

(ii) advise the tenant of the right to dispute the notice under section 35, and

(e) if the notice is given by a landlord under section 26, advise the tenant of the right to dispute the notice under section 35, and specify

(i) the amount of unpaid rent,

(ii) the right of the tenant under section 26 (2) to pay to the landlord all the rent due within 5 days after receiving the notice,

(iii) the right of the tenant to apply to the court under section 26 (3) for an extension of time to pay, and

(iv) that

(A) if the tenant does not pay the rent within the 5 day period referred to in section 26 (2) or obtain a court order extending the time for payment under section 26 (3), the tenancy agreement is ended on the date specified in the notice, and

(B) if the tenant pays the rent within the 5 day period, the notice is void under section 26 (2).

15 Section 35 (4) is amended by striking out "the termination" and substituting "the end of the tenancy agreement".

16 The following section is added:

Registrar's authority respecting arbitrations

39.1 (1) The registrar may establish rules of procedure for the conduct of arbitrations under this Act.

(2) The registrar or a person authorized by the registrar may publish decisions of arbitrators or otherwise make them available to the public and to arbitrators.

17 Section 40 is amended

(a) by repealing subsection (1) and substituting the following:

(1) The deputy minister may appoint arbitrators who may be designated by the registrar under section 39 (4) to conduct arbitrations under section 13 (1). , and

(b) by adding the following subsection:

(4) The deputy minister may appoint as an arbitrator a person employed under the Public Service Act who may be designated by the registrar under section 39 (4) to conduct arbitrations under section 13 (1).

18 Section 42 is amended

(a) by repealing subsection (1) (a) and substituting the following:

(a) may conduct the hearing in the manner he or she considers necessary, subject to rules of procedure, if any, established by the registrar under section 39.1, ,

(b) by repealing subsection (1) (d) and substituting the following:

(d) shall make the decision or order available in writing and, at the request of a party, provide written reasons, ,

(c) by striking out "and" at the end of subsection (1) (e) and by repealing subsection (1) (f) and substituting the following:

(f) may, with or without a hearing, on the arbitrator's own initiative or on the request of a party to the arbitration, correct a typographical, arithmetical or other similar error in the arbitrator's decision or order, and

(g) may, with or without a hearing, on the arbitrator's own initiative or on the request of a party, but in either case within 15 days after the decision, order or written reasons are given,

(i) clarify the decision, order or reasons, or

(ii) deal with an issue that was presented in the application and that was inadvertently omitted from the decision, order or reasons. , and

(d) by adding the following subsections:

(7) A request to an arbitrator under subsection (1) (f) or (g) by a party to an arbitration may be made without notice to any other party, but the arbitrator may require that another party be given notice.

(8) An arbitrator shall not exercise a power under subsection (1) (f) or (g) unless the arbitrator considers it just and reasonable to do so in all the circumstances.

19 Section 44 is amended

(a) by adding the following subsection:

(1.1) If written reasons are requested under section 42 (1) (d)

(a) on or before the 14th day after the hearing, an arbitrator shall give the written reasons not later than 30 days after receiving the request, or

(b) more than 14 days after the hearing, an arbitrator shall give the written reasons not later than 15 days after receiving the request. ,

(b) in subsection (2) by striking out "final and", and

(c) by repealing subsection (3.1) and substituting the following:

(3.1) A decision or order of

(a) an arbitrator in respect of a monetary amount or the return of personal property, or

(b) the registrar under section 16 may be filed in the Provincial Court if the amount required to be paid under the decision or order, or the value of the personal property, is $10 000 or less excluding interest and costs, and on being filed the decision or order has the same effect, and proceedings may be taken on it, as if it were an order of the court.

(3.2) Without limiting subsection (3.1), if an order is filed in the Provincial Court under subsection (3.1) and it was made in the absence of a party, a judge may, on application of the absent party, change or cancel the order to the same extent as if the order had been made by a judge in the absence of a party.

(3.3) A decision or order of an arbitrator may not be filed in a court until the expiry of the time limit for application for leave to review under section 45.3.

(3.4) A decision or order of an arbitrator may not be filed in court while it is suspended under section 45.4 (6).

20 Section 44.1 is repealed.

21 The following sections are added to Part 4:

Arbitration review panel

45.1 (1) The Arbitration Review Panel is established to review decisions and orders of arbitrators under this Act.

(2) The minister shall appoint no fewer than 3 individuals as members of the review panel for terms not to exceed 3 years and shall designate one member as chair.

(3) The minister may fix the remuneration, if any, to be paid to the members of the review panel and shall reimburse a member for reasonable expenses necessarily incurred by the member in the performance of the member's duties.

Application for leave to review an arbitrator's decision or order

45.2 (1) A party to an arbitration may apply to the review panel

(a) in the form and manner approved by the chair of the review panel, and

(b) without notice to any other party, for leave to have a review hearing under section 45.5 in order to determine if the order or decision of the arbitrator should be set aside.

(2) The chair of the review panel shall hear the application or appoint another member of the panel to hear the application.

Time limits for application for leave

45.3 (1) On an application under section 45.2, a party shall make the application in respect of a decision or order of an arbitrator that relates to

(a) sections 28, 36 and 37, within 2 days,

(b) section 35, within 5 days, and

(c) any other section, within 15 days, after the date the decision or order was made.

(2) If a review panel member considers it appropriate to do so, he or she may extend the time for making an application under subsection (1) or for taking any steps in any procedures of the review panel.

Decision on application for leave

45.4 (1) On an application for leave for a review hearing

(a) an applicant shall submit his or her case to the review panel in writing, and

(b) the review panel member who hears the application may grant or refuse to grant leave based on the written submission of the applicant alone or on the written submission and other communication with the applicant.

(2) On an application for leave for a review hearing, the review panel member shall grant leave if satisfied that the application discloses reasons that, if uncontradicted, satisfy the requirements under section 45.5 to set aside the decision or order of the arbitrator.

(3) On an application for leave for a review hearing, the review panel member may refuse to grant leave if satisfied that the application

(a) discloses no requirement under section 45.5 to set aside the decision or order of the arbitrator, or

(b) is frivolous, vexatious, trivial or has not been initiated in good faith.

(4) The review panel member shall give a written decision within the time prescribed, if any, and, if granting leave, shall set out in the decision

(a) the time and place of the review hearing, or

(b) the means by which the parties may learn the time and place of the review hearing.

(5) Subject to the regulations, if leave is granted an applicant party shall serve a copy of a decision of the review panel member under this section on the other party or parties to the arbitration in the prescribed time and manner or as otherwise ordered by the review panel.

(6) On receiving an application for leave made under this section, the review panel member may order, if the review member panel considers it appropriate to do so in the circumstances, that the decision or order to be reviewed be suspended with or without conditions until the review has been completed and a decision given to the parties.

Review hearing

45.5 (1) If leave is granted for a review hearing, the review panel shall give all parties to the review an opportunity to be heard.

(2) If the review panel is satisfied that

(a) a party

(i) was unable to attend the original hearing due to circumstances that could not be anticipated and that were beyond his or her control,

(ii) has new and relevant evidence which was not available at the time of the original hearing, or

(iii) was not given an adequate opportunity to be heard at the original hearing,

(b) the arbitrator who held the original hearing

(i) was biased or appeared to be biased, or

(ii) exceeded his or her powers, or

(c) the arbitrator's decision or order was obtained by fraud, the review panel shall set aside the decision or order and may refer it back, with or without directions, to the original arbitrator for reconsideration or to another arbitrator for a new hearing.

(3) The review panel shall confirm the decision or order of the arbitrator if satisfied that the requirements for setting it aside have not been met.

(4) A party to a review hearing may be represented by a lawyer or agent.

(5) If the review panel considers it appropriate to do so, the review panel may, with respect to matters under subsection (2) (a) (iii) or (b), permit an arbitrator to appear before it or make written representations to it.

(6) The arbitrator appearing before the review panel under subsection (5) may be represented by a lawyer or agent.

(7) If the applicant fails to supply the review panel with a required document or fails to attend the hearing, the review panel may dismiss the review.

(8) The review panel

(a) has the power of an arbitrator under sections 42 (1) (c) and (f) and (2) and 43, and

(b) may establish its own rules of procedure, subject to the regulations.

(9) The chair of the review panel shall appoint the prescribed number of panel members to preside over a review hearing, and the appointed members have the power and duties of the review panel for the purposes of the hearing.

Review panel decisions

45.6 (1) After a review hearing the review panel shall give its written decision with reasons without delay and, in any event, not later than 30 days after the later of the final documentary submission to the review panel or the end of any scheduled hearing before the review panel.

(2) The decision of the review panel is final and binding on the parties.

(3) The registrar or a person authorized by the registrar may publish or otherwise make available to the public or to arbitrators any decisions of the review panel.

22 The following Part is added:

PART 4.1

MANUFACTURED HOME PARK RULES AND DISPUTE RESOLUTION

Application of this Part

45.70 This Part applies to the rental of a manufactured home pad in circumstances other than where the tenant is renting a manufactured home and the manufactured home pad under a single tenancy agreement.

Local park committee

45.71 (1) In this section "park" means a location at which a landlord rents or offers to rent one or more manufactured home pads.

(2) The landlord and tenants of a park may establish, as prescribed, a local park committee consisting of representatives of the landlord and the tenants.

(3) The representatives of the tenants and of the landlord on a local park committee shall be chosen, and the local park committee shall conduct itself, in accordance with the regulations.

(4) The local park committee may, subject to the regulations, make rules that govern the operation of the park and that are not contrary to this or any other enactment.

(5) When rules are made under subsection (4) they are the rules in effect in the park and any other rules are ineffective.

(6) Rules made by a local park committee may be changed, repealed or replaced by the local park committee in accordance with the regulations.

(7) If there are no valid rules in force made by a local park committee to govern the operation of a parkand if standard manufactured home park ruleshave been published under section 45.73 (2), the standard manufactured home park rules are the rules in effect in the park and any other rules are ineffective.

(8) The local park committee may, subject to the regulations, assist a landlord and tenant of a park to reach a voluntary resolution of a dispute arising from

(a) rules governing the operation of the park,

(b) a rent increase, or

(c) other park issues.

Manufactured Home Park Dispute Resolution Committee

45.72 (1) The minister may establish a Manufactured Home Park Dispute Resolution Committee.

(2) The minister

(a) may appoint, for a term not exceeding 3 years,

(i) the chair of the dispute resolution committee, and

(ii) vice chairs of the dispute resolution committee, none of whom shall be a tenant of nor an owner of a manufactured home park,

(b) may fix the remuneration, if any, to be paid to the chair and vice chairs and shall reimburse the chair and vice chairs for reasonable expenses necessarily incurred by them in the performance of their duties, and

(c) may appoint members of the dispute resolution committee other than the chair and vice chairs for terms not exceeding 3 years, provided that 1/2 of them are owners of and 1/2 are tenants of manufactured home parks.

Dispute resolution committee can provide guidelines, recommendations and other information

45.73 (1) On the request of the minister, the dispute resolution committee shall provide the minister with reports, information, guidelines or recommendations respecting issues arising out of the renting of manufactured home pads, including, but not limited to, the following:

(a) recommended terms for standard tenancy agreements;

(b) recommended standard manufactured home park rules;

(c) for the purposes of section 12 (2), recommended criteria for withholding consent to assign or sublet a tenancy agreement;

(d) guidelines for

(i) increases in rent, or

(ii) levels of service respecting manufactured home pads.

(2) The minister may publish any report, information, guideline or recommendation made or provided under subsection (1).

Application for dispute resolution

45.74 (1) A tenant or landlord of a manufactured home pad may apply for mediation of a dispute between them by filing an application for mediation with the dispute resolution committee in the form and manner required by the committee, and by paying the prescribed fee, if any.

(2) The party applying for mediation shall include with the application the names and addresses of the other parties and shall notify the other parties of the application and the grounds for the application, in the form and manner required by the dispute resolution committee.

(3) The chair of the dispute resolution committee shall appoint a dispute resolution subcommittee to mediate a dispute between a tenant of a manufactured home pad and the landlord if the subject matter of the dispute could be referred to an arbitrator under section 13 (1).

(4) Despite subsection (3) the chair of the dispute resolution committee shall refuse to appoint a dispute resolution subcommittee if satisfied that

(a) a local park committee is currently assisting the parties to reach a voluntary resolution of the dispute,

(b) the application discloses no grounds for the appointment of a subcommittee,

(c) the matter is frivolous, vexatious, trivial or has not been initiated in good faith, or

(d) the dispute is properly before or has been decided by an arbitrator or a court.

(5) Despite section 13, an agreement under section 13 (3) does not prevent the chair of the dispute resolution committee from appointing a dispute resolution subcommittee or otherwise prevent a dispute from being mediated under this Part.

(6) The chair of the dispute resolution committee shall give written notice of a decision appointing or refusing to appoint a dispute resolution subcommittee.

(7) The dispute resolution subcommittee shall consist of

(a) one member who is a tenant, one who is a landlord and either the chair or a vice chair of the dispute resolution committee who shall act as chair of the subcommittee, or

(b) the chair or one vice chair.

(8) Tenants or landlords of manufactured home pads who have disputes that raise substantially similar issues in substantially similar circumstances may apply to the chair of the dispute resolution committee, in the form and manner required by the chair,

(a) for the appointment of a dispute resolution subcommittee to mediate their disputes at the same time, or

(b) to join a mediation being conducted by a dispute resolution subcommittee if the dispute being mediated and the dispute of the applicants raise substantially similar issues in substantially similar circumstances.

(9) The chair of the dispute resolution committee may grant the application under subsection (8) if satisfied that

(a) the disputes raise substantially similar issues in substantially similar circumstances, and

(b) it is appropriate to do so having regard to all the circumstances.

Time suspended

45.75 A time period under this Act that would otherwise apply to a landlord or a tenant is suspended with respect to a matter being mediated under this Part from the time the dispute resolution committee receives an application for a mediation from the landlord or tenant accompanied by the prescribed fee and does not begin to run again until written notice is given under section 45.74 (6) or 45.76 (2), (3) (b) or (6).

Dispute resolution

45.76 (1) The dispute resolution subcommittee shall assist the parties to enter into a written agreement that resolves the dispute.

(2) If at any time during mediation the subcommittee is satisfied that the parties have entered into a written agreement resolving the dispute, the dispute resolution subcommittee shall end the mediation by giving written notice to that effect to the parties.

(3) If within 30 days after the application for mediation is filed under section 45.74 (1) the dispute resolution subcommittee is satisfied that the parties have failed to enter into a written agreement resolving the dispute, the dispute resolution subcommittee shall promptly give the parties a written notice

(a) containing a recommendation for ending the dispute, or

(b) ending the mediation without a recommendation.

(4) The 30 day time limit under subsection (3) may be extended by agreement of the parties and the dispute resolution subcommittee.

(5) The recommendation of the dispute resolution subcommittee is deemed to be the agreement of the parties unless, within 2 weeks of being given the recommendation, the dispute resolution subcommittee receives written notice from a party that the party rejects the recommendation.

(6) The dispute resolution subcommittee shall give written notice to the parties as to whether or not the recommendation is deemed to be the agreement under subsection (5).

Order to comply with agreement

45.77 (1) A party to an agreement that resolves a dispute under mediation or that is deemed to be an agreement under section 45.76 (5) may apply to a court for an order requiring another party to the agreement to comply with the agreement.

(2) On an application under subsection (1), the court may order a party to comply with the agreement.

(3) If an application is before an arbitrator under this section and section 13, the arbitrator may order a party to comply with the agreement.

(4) An order under this section may contain terms respecting costs, expenses, remuneration and any other necessary matters.

(5) This section does not affect any right of a party to bring a proceeding for breach of contract.

Dispute involving rent increase

45.78 (1) A dispute over the amount of a rent increase may be mediated under section 45.74 only if the rent increase notice under section 18 is given on or after October 1, 1992.

(2) In determining the appropriate amount of a rent increase, the dispute resolution subcommittee shall apply the guidelines for rent increases, if any, that have been published by the minister under section 45.73 (2).

Powers of dispute resolution subcommittee

45.79 With respect to a dispute over the amount of a rent increase a dispute resolution subcommittee has the powers of an arbitrator under section 43.

Arbitration excluded

45.80 A landlord or tenant may not apply for arbitration of a dispute if a dispute resolution subcommittee is mediating the dispute.

Conflict of interest

45.81 A person shall not act as a member of a dispute resolution subcommittee if the person has or appears to have an interest in the matter being mediated.

Notice

45.82 A notice that is required to be given by the dispute resolution committee or subcommittee may be given in accordance with section 50.1 or in a manner prescribed.

23 Section 48 (6) is amended by striking out "terminates" and substituting "ends".

24 The following section is added:

Claim for return of personal property

48.2 Subject to any applicable limitation period a tenant may commence an action against a landlord for the return of personal property that has been seized contrary to section 48 (2).

25 The following section is added:

How to serve documents in an arbitration of a monetary claim

50.1 (1) If in an arbitration of a monetary claim, a notice, document, order or process is required or permitted to be served it shall be served

(a) on a landlord

(i) by serving it personally on the landlord or the landlord's agent, or

(ii) by sending it by registered mail to the landlord or the landlord's agent,

(b) on a tenant

(i) by serving it personally on the tenant, or

(ii) by sending it by registered mail to the tenant at the address where the tenant resides, or

(c) as ordered by an arbitrator.

(2) Section 51 (4) (b) applies to service by registered mail under this section of a notice, document, order or process.

26 Section 53 is amended

(a) by renumbering the section as section 53 (1),

(b) by striking out "and" at the end of the renumbered subsection (1) (h), by adding "and" at the end of the renumbered subsection (1) (i) and by adding the following:

(j) matters related to the review panel or to its functions, including fees,

(k) matters related to the dispute resolution committee or a subcommittee of the dispute resolution committee or to their functions, including fees,

(l) matters related to a local park committee or to its functions,

(m) matters that are referred to in a provision of Part 4.1 as matters that may be prescribed,

(n) setting out what matters may be, or may not be, the subject of rules that govern the operation of a manufactured home park, and

(o) matters that are referred to in a provision of this Act other than Part 4.1 as matters that may be prescribed. , and

(c) by adding the following subsections:

(2) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make whatever regulations the Lieutenant Governor in Council considers advisable to provide for the resolution of disputes between a tenant of a manufactured home pad and the landlord, including disputes over the amount of a rent increase.

(3) A regulation made under subsection (1) (j), (k), (l), (m) or (n) or subsection (2) may subdelegate a matter to a person, confer a discretion on a person and provide differently for different persons, places or things.

Commencement

27 This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

SECTION 1: repeals the definition of "child", adds definitions and replaces a reference to the "termination" of a tenancy agreement with a reference to the "end" of a tenancy agreement.

SECTION 2: authorizes the Lieutenant Governor in Council to make regulations respecting a standard form tenancy agreement.

SECTION 3: replaces references to the termination of a tenancy agreement with references to the end of a tenancy agreement.

SECTION 4:

(a)

(b) is a housekeeping amendment;

(c) provides that section 13 (3) of the Residential Tenancy Act does not apply to a dispute involving a rent increase.

SECTION 5: replaces a reference to the termination of a tenancy agreement with a reference to the end of a tenancy agreement and replaces "lease" with "tenancy".

SECTION 6: limits a landlord's ability to keep a security deposit, allows a tenant to obtain a registrar's order for the return of a security deposit and provides limitation periods for the return of a security deposit.

SECTION 7: replaces references to the termination of a tenancy agreement with references to the end of a tenancy agreement.

SECTION 8: replaces references to the termination of a tenancy agreement with references to the end of a tenancy agreement.

SECTION 9: replaces references to the termination of a tenancy agreement with references to the end of a tenancy agreement.

SECTION 10: replaces references to the termination of a tenancy agreement with references to the end of a tenancy agreement.

SECTION 11:

(a) requires that a landlord obtain whatever permits or approvals are required before ending a tenancy in order to demolish or convert the rented premises, and

(b) changes the minimum notice period for ending a tenancy of a manufactured home pad under section 29 of the Residential Tenancy Act from 6 months to 12 months.

SECTION 12: clarifies that a tenant's moving expenses must be paid in all cases of demolition or change of use of residence.

SECTION 13: replaces references to the termination of a tenancy agreement with references to the end of a tenancy agreement.

SECTION 14: replaces references to the termination of a tenancy agreement with references to the end of a tenancy agreement.

SECTION 15: replaces references to the termination of a tenancy agreement with references to the end of a tenancy agreement.

SECTION 16: provides that the registrar may establish rules of procedure for arbitrations and publish arbitrator's decisions.

SECTION 17: authorizes the deputy minister to appoint arbitrators and to appoint government employees as arbitrators, and repeals a provision consequential to the repeal of section 44.1.

SECTION 18:

(a) is consequential to section 39.1 added to the Residential Tenancy Act by this Act,

(b) requires an arbitrator to provide written decisions or orders and, on request, written reasons for those decisions or orders, and

(c) and (d) authorize arbitrators to correct or clarify decisions and orders.

SECTION 19:

(a) specifies a time limit for providing written reasons,

(b) provides that arbitrators' orders and decisions are not final, consequential to an amendment introduced by this Act that allows arbitrators' orders and decisions to be reviewed, and

(c)

SECTION 20: repeals section 44.1.

SECTION 21: enables a party to an arbitration to apply to an Arbitration Review Panel, with leave, to have decisions or orders set aside on specified grounds.

SECTION 22: provides, with respect to a tenancy of a manufactured home pad,

SECTION 23: replaces a reference to the "termination of a tenancy agreement" with a reference to the "end" of a tenancy agreement.

SECTION 24: provides a remedy for the return of personal property to a tenant.

SECTION 25: provides requirements for service in the arbitration of monetary claims.

SECTION 26: adds regulation making powers.


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