2002 Legislative Session: 3rd Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE RICH COLEMAN
MINISTER OF PUBLIC SAFETY
AND SOLICITOR GENERAL
Contents
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Part 1 -- Introductory Provisions
1 In this Act:
"approved form" means the form approved by the director under section 10 (1) [director may approve forms] for the purposes of the section in which it appears;
"arbitration" means an arbitration started by application under section 52 [starting arbitration proceedings];
"arbitrator" means an arbitrator appointed under section 79 (1) [appointment of arbitrators];
"common area" means any part of a manufactured home park the use of which is shared by tenants, or by a landlord and one or more tenants;
"director" means the director appointed under section 8 [appointment of director];
"fixed term tenancy" means a tenancy under a tenancy agreement that specifies the date on which the tenancy ends;
"landlord", in relation to a manufactured home site, includes any of the following:
(a) the owner of the manufactured home site, the owner's agent or another person who, on behalf of the landlord, permits occupation of the manufactured home site under a tenancy agreement;
(b) the heirs, assigns, personal representatives and successors in title to a person referred to in paragraph (a);
(c) a person, other than a tenant whose manufactured home occupies the manufactured home site, who
(i) is entitled to possession of the manufactured home site, and
(ii) exercises any of the rights of a landlord under a tenancy agreement or this Act in relation to the manufactured home site;
(d) a former landlord, when the context requires this;
"manufactured home" means a structure, whether or not ordinarily equipped with wheels, that is
(a) designed, constructed or manufactured to be moved from one place to another by being towed or carried, and
(b) used or intended to be used as living accommodation;
"manufactured home park" means the parcel or parcels, as applicable, on which one or more manufactured home sites that the same landlord rents or intends to rent and common areas are located;
"manufactured home site" means a site in a manufactured home park, which site is rented or intended to be rented to a tenant for the purpose of being occupied by a manufactured home;
"periodic tenancy" means
(a) a tenancy on a monthly or other periodic basis under a tenancy agreement that continues until one or both of the parties take steps to end it, and
(b) in relation to a fixed term tenancy agreement that does not provide that the tenant will vacate the manufactured home site at the end of the fixed term, a tenancy that arises under section 37 (3) [how a tenancy ends];
"registered mail" includes any method of mail delivery provided by the Canada Post Office for which confirmation of delivery to a named person is available;
"rent" means money paid or agreed to be paid, or value or a right given or agreed to be given, by or on behalf of a tenant to a landlord in return for the right to possess a manufactured home site, for the use of common areas and for services or facilities, but does not include a fee prescribed under section 89 (2) (k) [regulations in relation to fees];
"service or facility" includes any of the following that are provided or agreed to be provided by a landlord to the tenant of a manufactured home site:
(a) water, sewerage, electricity, lighting, roadway and other facilities;
(b) utilities and related services;
(c) garbage facilities and related services;
(d) laundry facilities;
(e) parking and storage areas;
(f) recreation facilities;
"standard terms" means the standard terms of a tenancy agreement prescribed in the regulations;
"tenancy" means a tenant's occupation of a manufactured home site under a tenancy agreement and the rights and obligations of the landlord and tenant during that occupation;
"tenancy agreement" means an agreement, whether written or oral, express or implied, between a landlord and a tenant respecting possession of a manufactured home site, use of common areas and services and facilities;
"tenant" includes
(a) the estate of a deceased tenant, and
(b) when the context requires, a former tenant.
2 (1) Despite any other enactment but subject to section 4 [what this Act does not apply to], this Act applies to tenancy agreements, manufactured home sites and manufactured home parks.
(2) Except as otherwise provided in this Act, this Act applies to a tenancy agreement entered into before or after the date this Act comes into force.
3 A person who has not reached 19 years of age may enter into a tenancy agreement as a tenant, and the agreement and this Act and the regulations are enforceable by and against the person despite section 19 of the Infants Act.
4 This Act does not apply with respect to any of the following:
(a) a tenancy agreement under which a manufactured home site and a manufactured home are both rented to the same tenant;
(b) a tenancy agreement in respect of a manufactured home site that is occupied primarily for recreational purposes by a recreational vehicle or travel trailer;
(c) prescribed tenancy agreements, manufactured home sites or manufactured home parks.
5 (1) Landlords and tenants may not avoid or contract out of this Act or the regulations.
(2) Any attempt to avoid or contract out of this Act or the regulations is of no effect.
6 (1) The rights, obligations and prohibitions established by or under this Act are enforceable between a landlord and tenant under a tenancy agreement.
(2) A landlord or tenant may apply for arbitration if the landlord and tenant cannot resolve a dispute referred to in section 51 (1) [arbitration of disputes].
(3) A term of a tenancy agreement is not enforceable if
(a) the term is inconsistent with this Act or the regulations,
(b) the term is unconscionable, or
(c) the term is not expressed in a manner that clearly communicates the rights and obligations under it.
7 (1) If a landlord or tenant does not comply with this Act, the regulations or their tenancy agreement, the non-complying landlord or tenant must compensate the other for damage or loss that results.
(2) A landlord or tenant who claims compensation for damage or loss that results from the other's non-compliance with this Act, the regulations or their tenancy agreement must do whatever is reasonable to minimize the damage or loss.
Division 2 -- Administration of this Act
8 A director must be appointed in accordance with the Public Service Act for the purposes of this Act.
9 (1) The director is responsible for the administration and management of all matters and persons appointed under this Act.
(2) The director may delegate any of his or her powers or duties under this Act.
(3) The director may establish rules of procedure for the conduct of arbitrations and arbitration reviews.
(4) The director may do one or more of the following:
(a) provide information to landlords and tenants about their rights and obligations under this Act;
(b) help landlords and tenants resolve any dispute that can be or has been referred to arbitration;
(c) publish, or otherwise make available to the public, arbitration decisions or summaries of them.
10 (1) The director may approve forms for the purposes of this Act.
(2) Deviations from an approved form that do not affect its substance and are not intended to mislead do not invalidate the form used.
11 The director or any other person employed by the government in the administration of this Act must not be compelled in civil proceedings arising out of a dispute or an arbitration under this Act
(a) to give evidence in respect of matters that come to his or her knowledge in the course of his or her employment, or
(b) to produce records that are in the possession of the director because of the director's powers or duties under this Act.
Part 2 -- Manufactured Home Site Tenancies
-- Rights and Obligations
Division 1 -- Creating a Tenancy Agreement
12 The standard terms are terms of every tenancy agreement
(a) whether the tenancy agreement was entered into on or before, or after, the date this section comes into force, and
(b) whether or not the tenancy agreement is in writing.
13 (1) A landlord must prepare in writing every tenancy agreement entered into on or after the date this section comes into force.
(2) A tenancy agreement must comply with any requirements prescribed in the regulations and must set out all of the following:
(a) the standard terms;
(b) the correct legal names of the landlord and tenant;
(c) the address of the manufactured home site;
(d) the date the tenancy agreement is entered into;
(e) the address for service and telephone number of the landlord or the landlord's agent;
(f) the agreed terms in respect of the following:
(i) the date on which the tenancy starts;
(ii) if the tenancy is a periodic tenancy, whether it is on a monthly or other periodic basis;
(iii) if the tenancy is a fixed term tenancy,
(A) the date the tenancy ends, and
(B) whether the tenancy may continue as a periodic tenancy or for another fixed term after that date or whether the tenant must vacate the manufactured home site on that date;
(iv) the amount of rent payable for a specified period;
(v) the day in the month, or in the other period on which the tenancy is based, on which the rent is due;
(vi) which services and facilities are included in the rent;
(g) if a park committee has established park rules in accordance with section 32 [park rules] for the manufactured home park, the park rules.
(3) Within 21 days after a landlord and tenant enter into a tenancy agreement, the landlord must give the tenant a copy of the agreement.
14 (1) A tenancy agreement may not be amended to change or remove a standard term.
(2) A tenancy agreement may be amended to add, remove or change a term, other than a standard term, only if both the landlord and tenant agree to the amendment.
(3) The requirement for agreement under subsection (2) does not apply to any of the following:
(a) a rent increase in accordance with Part 4 of this Act;
(b) a withdrawal of, or a restriction on, a service or facility in accordance with section 21 [terminating or restricting services or facilities];
(c) park rules established in accordance with section 32 [park rules];
(d) a term in respect of which a landlord or tenant has obtained an arbitrator's order that the agreement of the other is not required.
15 A landlord must not charge a person anything for
(a) accepting an application for a tenancy,
(b) processing the application,
(c) investigating the applicant's suitability as a tenant, or
(d) accepting the person as a tenant.
16 The rights and obligations of a landlord and tenant under a tenancy agreement take effect from the date the tenancy agreement is entered into, whether or not the tenant ever occupies the manufactured home site.
Division 2 -- Other Specific Terms in a Tenancy
Agreement
17 (1) In this section, "security deposit" means money paid, or value or a right given, by or on behalf of a tenant to a landlord that is to be held as security for any liability of obligation of the tenant respecting the manufactured home park, but does not include
(a) post-dated cheques for rent, or
(b) a fee prescribed under section 89 (2) (k) [regulations in relation to fees].
(2) A landlord must not require or accept a security deposit in respect of a manufactured home site tenancy.
(3) If a landlord accepts a security deposit from a tenant, the tenant may deduct the amount of the security deposit from rent or otherwise recover the amount.
18 (1) In this section, "pet damage deposit" means money paid, or value or a right given, by or on behalf of a tenant to a landlord that is to be held as security for damage to the manufactured home park caused by a pet, but does not include a fee prescribed under section 89 (2) (k) [regulations in relation to fees].
(2) A tenancy agreement may include terms or conditions doing either or both of the following:
(a) prohibiting pets, or restricting the size, kind or number of pets a tenant may keep on the manufactured home site;
(b) governing a tenant's obligations in respect of keeping a pet on the manufactured home site.
(3) A landlord must not require or accept a pet damage deposit from a tenant who keeps a pet on the manufactured home site with the permission of the landlord.
(4) If a landlord accepts a pet damage deposit from a tenant, the tenant may deduct the amount of the pet damage deposit from rent or otherwise recover it.
(5) This section is subject to the rights and restrictions under the Guide Animal Act.
19 A tenancy agreement must not include a term that all or part of the rent payable for the remainder of the period of the tenancy agreement becomes due and payable if a term of the tenancy agreement is breached.
Division 3 -- During a Tenancy -- Rights and Obligations
20 (1) A tenant must pay rent when it is due under the tenancy agreement, whether or not the landlord complies with this Act, the regulations or the tenancy agreement, unless the tenant has a right under this Act to deduct all or a portion of the rent.
(2) A landlord must provide a tenant with a receipt for rent paid in cash.
(3) Whether or not a tenant pays rent in accordance with the tenancy agreement, a landlord must not
(a) seize the manufactured home or any other personal property of the tenant, or
(b) prevent or interfere with the tenant's access to the tenant's personal property.
(4) Subsection (3) (a) does not apply if
(a) the landlord has a court order authorizing the action, or
(b) the tenant has abandoned the manufactured home or the manufactured home site and the landlord complies with the regulations.
21 (1) A landlord must not terminate or restrict a service or facility
(a) that is essential to the tenant's use of the manufactured home site as a site for a manufactured home, and
(b) that cannot, or for which a reasonable substitute cannot, be purchased by that tenant.
(2) A landlord may terminate or restrict a service or facility, other than one referred to in subsection (1), if the landlord
(a) gives 30 days' written notice, in the approved form, of the termination or restriction, and
(b) reduces the rent in an amount that is equivalent to the reduction in the value of the tenancy agreement resulting from the termination or restriction of the service or facility.
22 A tenant is entitled to quiet enjoyment including, but not limited to, rights to the following:
(a) reasonable privacy;
(b) freedom from unreasonable disturbance;
(c) exclusive possession of the manufactured home site subject only to the landlord's right to enter the manufactured home site in accordance with section 23 [landlord's right to enter manufactured home site restricted];
(d) use of common areas for reasonable and lawful purposes, free from significant interference.
23 A landlord must not enter a manufactured home site that is subject to a tenancy agreement for any purpose unless one of the following applies:
(a) the tenant gives permission at the time of the entry or not more than 30 days before the entry;
(b) at least 24 hours and not more than 30 days before the entry, the landlord gives the tenant written notice that includes the following information:
(i) the purpose for entering, which must be reasonable;
(ii) the date and the time of the entry, which must be between 8 a.m. and 9 p.m. unless the tenant otherwise agrees;
(c) the landlord has an arbitrator's order authorizing the entry;
(d) the tenant has abandoned the site;
(e) an emergency exists and the entry is necessary to protect life or property;
(f) the entry is for the purpose of collecting rent or giving or serving a document that under this Act must be given or served.
24 (1) Except in accordance with an arbitrator's order, a landlord must not restrict access to a manufactured home park by
(a) the tenant of a manufactured home site that is part of the manufactured home park, or
(b) a person permitted in the manufactured home park by that tenant.
(2) A landlord must not restrict access to a manufactured home park by
(a) a candidate seeking election to an office of Canada, British Columbia, a regional district, a municipality or a school board, or
(b) the authorized representative of such a person
who is canvassing electors or distributing election material.
25 (1) A landlord must not change locks or other means that give access to a manufactured home park unless the landlord provides each tenant with new keys or other means that give access to the manufactured home park.
(2) A tenant must not change locks or other means that give access to common areas of a manufactured home park unless the landlord consents to the change.
26 (1) A landlord must
(a) maintain the manufactured home park in a reasonable state of repair, and
(b) comply with housing, health and safety standards required by law.
(2) A tenant must maintain reasonable health, cleanliness and sanitary standards throughout the manufactured home site and in common areas.
(3) A tenant must repair damage to the manufactured home site or common areas that is caused by the actions or neglect of the tenant or a person permitted in the manufactured home park by the tenant.
(4) A tenant is not required to make repairs for reasonable wear and tear.
27 (1) In this section, "emergency repairs" means repairs that are
(a) urgent,
(b) necessary for the health or safety of anyone or for the preservation or use of property in the manufactured home park, and
(c) made for the purpose of repairing
(i) major leaks in pipes, or
(ii) damaged or blocked water or sewer pipes.
(2) The landlord must post and maintain in a conspicuous place in the manufactured home park, or give to a tenant in writing, the name and telephone number of a person the tenant is to contact for emergency repairs.
(3) A tenant may have emergency repairs made only when all of the following conditions are met:
(a) emergency repairs are needed;
(b) the tenant has made at least 2 attempts to telephone, at the number provided, the person identified by the landlord as the person to contact for emergency repairs;
(c) following those attempts, the tenant has given the landlord reasonable time to make the repairs.
(4) A landlord may take over completion of an emergency repair at any time.
(5) A landlord must reimburse a tenant for amounts paid for emergency repairs if the tenant
(a) claims reimbursement for those amounts from the landlord, and
(b) gives the landlord a written account of the emergency repairs accompanied by a receipt for each amount claimed.
(6) Subsection (5) does not apply to amounts claimed by a tenant for repairs about which an arbitrator, on application, finds that one or more of the following applies:
(a) the tenant made the repairs before one or more of the conditions in subsection (3) were met;
(b) the tenant has not provided the account and receipts for the repairs as required under subsection (5) (b);
(c) the amounts represent more than a reasonable cost for the repairs;
(d) the emergency repairs are for damage caused primarily by the actions or neglect of the tenant or a person permitted in the manufactured home park by the tenant.
(7) If a landlord does not reimburse a tenant as required under subsection (5), the tenant may deduct the amount from rent or otherwise recover the amount.
28 (1) A tenant may assign a tenancy agreement or sublet a manufactured home site only if one of following applies:
(a) the tenant has obtained the prior written consent of the landlord to the assignment or sublease, or is deemed to have obtained that consent, in accordance with the regulations;
(b) the tenant has obtained an order of an arbitrator authorizing the assignment or sublease.
(2) A landlord may withhold consent to assign a tenancy agreement or sublet a tenant's interest in a manufactured home site only in the circumstances prescribed in the regulations.
(3) A landlord must not charge a tenant anything for considering, investigating or consenting to an assignment or sublease under this section.
Division 4 -- At the Beginning or End of a Tenancy
-- Rights and Obligations
29 On the request of the landlord, a tenant who is moving a manufactured home, or is having a manufactured home moved, on or off a manufactured home site must provide the landlord with a prescribed form of security against damage caused by the move.
30 When a tenant vacates a manufactured home site at the end of a tenancy, the tenant must
(a) leave the site reasonably clean, and undamaged except for reasonable wear and tear, and
(b) give the landlord all the keys or other means of access that are in the possession or control of the tenant and that allow access to the manufactured home site, common areas or services and facilities.
Part 3 -- Manufactured Home Parks
31 In accordance with the regulations, the landlord and tenants of a manufactured home park may establish and select the members of a park committee.
32 (1) In accordance with the regulations, a park committee may establish, change or repeal rules for governing the operation of the manufactured home park.
(2) Rules referred to in subsection (1) must not be inconsistent with this Act or the regulations or any other enactment that applies to a manufactured home park.
(3) Rules established in accordance with this section apply in the manufactured home park of the park committee.
(4) If a park rule established under this section is inconsistent or conflicts with a term in a tenancy agreement that was entered into before the rule was established, the park rule prevails to the extent of the inconsistency or conflict.
33 Subject to the regulations, the park committee for a manufactured home park may assist the landlord and a tenant of the park to reach a voluntary resolution of a dispute between them.
34 A landlord must not increase rent except in accordance with this Part.
35 (1) A landlord must not impose a rent increase for at least 12 months after whichever of the following applies:
(a) if the tenant's rent has not previously been increased, the date on which the tenant's rent was first established under the tenancy agreement;
(b) if the tenant's rent has previously been increased, the effective date of the last rent increase made in accordance with this Act.
(2) A landlord must give a tenant notice of a rent increase at least 3 months before the effective date of the increase.
(3) A notice of a rent increase must be in the approved form.
(4) If a landlord's notice of a rent increase does not comply with subsections (1) and (2), the notice takes effect on the earliest date that does comply.
36 (1) A landlord may impose a rent increase only up to the amount
(a) calculated in accordance with the regulations, or
(b) ordered by an arbitrator on an application under subsection (3).
(2) A tenant may not apply for arbitration to dispute a rent increase that complies with this Part.
(3) In the circumstances prescribed in the regulations, a landlord may apply to an arbitrator for approval of a rent increase in an amount that is greater than the amount calculated under the regulations referred to in subsection (1) (a).
(4) An application under subsection (3) must be in the approved form.
(5) If a landlord collects a rent increase that does not comply with this Part, the tenant may deduct the increase from rent or otherwise recover the increase.
Part 5 -- How to End a Tenancy
Division 1 -- Ending a Tenancy
37 (1) A tenancy ends only if one or more of the following applies:
(a) the tenant or landlord gives notice to end the tenancy in accordance with one of the following:
(i) section 38 [tenant's notice];
(ii) section 39 [landlord's notice: non-payment of rent];
(iii) section 40 [landlord's notice: cause];
(iv) section 41 [landlord's notice: end of employment];
(v) section 42 [landlord's notice: landlord's use of property];
(b) the tenancy agreement is a fixed term tenancy agreement that provides that the tenant will vacate the manufactured home site on the date specified as the end of the tenancy;
(c) the landlord and tenant agree in writing to end the tenancy;
(d) the tenant vacates the manufactured home site or abandons a manufactured home on the site;
(e) the manufactured home site becomes unusable or the manufactured home site or the common areas of the manufactured home park are so damaged that they cannot be repaired within a reasonable time;
(f) an arbitrator orders that the tenancy is ended.
(2) If, after the end of a tenancy, the landlord accepts
(a) arrears of rent, or
(b) compensation for the tenant's use or occupation of the manufactured home site,
the tenancy agreement is not reinstated, a new tenancy agreement is not created and a notice to end a tenancy is not cancelled because of this.
(3) If, on the date specified as the end of a fixed term tenancy agreement that does not require the tenant to vacate the manufactured home site on that date, the landlord and tenant have not entered into a new tenancy agreement, the landlord and tenant are deemed to have renewed the tenancy agreement as a month to month tenancy on the same terms.
38 (1) A tenant may end a periodic tenancy by giving the landlord notice to end the tenancy effective on a date that
(a) is not earlier than one month after the date the landlord receives the notice, and
(b) is the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.
(2) A tenant may end a fixed term tenancy by giving the landlord notice to end the tenancy effective on a date that
(a) is not earlier than one month after the date the landlord receives the notice,
(b) is not earlier than the date specified in the tenancy agreement as the end of the tenancy, and
(c) is the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.
(3) If a landlord breaches a material term, the tenant may end the tenancy by giving the landlord notice to end the tenancy effective on a date that is after the date the landlord receives the notice.
(4) A notice to end a tenancy given under this section must comply with section 45 [form and content of notice to end tenancy].
39 (1) A landlord may end a tenancy if rent is unpaid on any day after the day it is due, by giving notice to end the tenancy effective on a date that is not earlier than 10 days after the date the tenant receives the notice.
(2) A notice under this section must comply with section 45 [form and content of notice to end tenancy].
(3) A notice under this section has no effect if the amount of rent that is unpaid is an amount the tenant is permitted under this Act to deduct from rent.
(4) Within 5 days after receiving a notice under this section, the tenant may
(a) pay the overdue rent, in which case the notice has no effect, or
(b) dispute the notice by applying for arbitration.
(5) If a tenant who has received a notice under this section does not pay the rent or apply for arbitration in accordance with subsection (4), the tenant
(a) is conclusively presumed to have accepted that the tenancy ends on the effective date of the notice, and
(b) must vacate the manufactured home site to which the notice relates by that date.
(6) If
(a) a tenancy agreement requires the tenant to pay utility charges to the landlord but does not specify when those charges are to be paid, and
(b) the utility charges are unpaid more than 30 days after the tenant is given a written demand for payment of them,
the landlord may treat the unpaid utility charges as unpaid rent and may give notice under this section.
40 (1) A landlord may end a tenancy by giving notice to end the tenancy if one or more of the following applies:
(a) the tenant is repeatedly late paying the rent;
(b) there are an unreasonable number of occupants on the manufactured home site;
(c) the tenant or a person permitted in the manufactured home park by the tenant has
(i) significantly interfered with or unreasonably disturbed another occupant or the landlord of the manufactured home park,
(ii) seriously jeopardized the health or safety or a lawful right or interest of the landlord or another occupant, or
(iii) put the landlord's property at significant risk;
(d) the tenant or a person permitted in the manufactured home park by the tenant has engaged in illegal activity that
(i) has caused or is likely to cause damage to the landlord's property,
(ii) has adversely affected or is likely to adversely affect the quiet enjoyment, security, safety or physical well-being of another occupant of the manufactured home park, or
(iii) has jeopardized or is likely to jeopardize a lawful right or interest of another occupant or the landlord;
(e) the tenant or a person permitted in the manufactured home park by the tenant has caused extraordinary damage to a manufactured home site or the manufactured home park;
(f) the tenant does not repair damage to the manufactured home site, as required under section 26 (3) [obligations to repair and maintain], within a reasonable time;
(g) the tenant
(i) has failed to comply with a material term, and
(ii) has not corrected the situation within a reasonable time after the landlord gives written notice to do so;
(h) the tenant purports to assign the tenancy agreement or sublet the manufactured home site without first obtaining the landlord's written consent or the order of an arbitrator as required by section 28 [assignment and subletting];
(i) the tenant knowingly gives false information about the manufactured home park to a prospective tenant or purchaser viewing the manufactured home park;
(j) the manufactured home site must be vacated to comply with an order of a federal, British Columbia, regional or municipal government authority;
(k) the tenant has not complied with an order of an arbitrator within 30 days of the later of the following dates:
(i) the date the tenant receives the order;
(ii) the date specified in the order for the tenant to comply with the order.
(2) A notice under this section must end the tenancy effective on a date that is
(a) not earlier than one month after the date the notice is received, and
(b) the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.
(3) A notice under this section must comply with section 45 [form and content of notice to end tenancy].
(4) A tenant may dispute a notice under this section by applying for arbitration within 10 days after the date the tenant receives the notice.
(5) If a tenant who has received a notice under this section does not apply for arbitration in accordance with subsection (4), the tenant
(a) is conclusively presumed to have accepted that the tenancy ends on the effective date of the notice, and
(b) must vacate the manufactured home site by that date.
41 (1) A landlord may end the tenancy of a person employed as a caretaker, manager or superintendent of the manufactured home park of which the manufactured home site is a part by giving notice to end the tenancy if
(a) the manufactured home site was rented or provided to the tenant for the term of his or her employment,
(b) the tenant's employment as a caretaker, manager or superintendent is ended, and
(c) the landlord intends in good faith to rent or provide the manufactured home site to a new caretaker, manager or superintendent.
(2) An employer may end the tenancy of an employee in respect of a manufactured home site rented or provided by the employer to the employee to occupy during the term of employment by giving notice to end the tenancy if the employment is ended.
(3) A notice under this section must end the tenancy effective on a date that is
(a) not earlier than one month after the date the tenant receives the notice,
(b) not earlier than the last day the tenant is employed by the landlord, and
(c) the day before the day in the month, or in the other period on which the tenancy is based, that rent, if any, is payable under the tenancy agreement.
(4) A notice under this section must comply with section 45 [form and content of notice to end tenancy].
(5) A tenant may dispute a notice under this section by applying for arbitration within 10 days after the date the tenant receives the notice.
(6) If a tenant who has received a notice under this section does not apply for arbitration in accordance with subsection (5), the tenant
(a) is conclusively presumed to have accepted that the tenancy ends on the effective date of the notice, and
(b) must vacate the manufactured home site by that date.
42 (1) Subject to section 44 [tenant's compensation: section 42 notice], a landlord may end a tenancy agreement by giving notice to end the tenancy agreement if the landlord has all the necessary permits and approvals required by law, and intends in good faith, to convert all or a significant part of the manufactured home park to a non-residential use or a residential use other than a manufactured home park.
(2) A notice to end a tenancy under this section must end the tenancy effective on a date that
(a) if the tenancy agreement is periodic, is not earlier than 12 months after the date the notice is received and is the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement, or
(b) if the tenancy agreement is a fixed term tenancy agreement, is not earlier than the date specified as the end of the tenancy.
(3) A notice under this section must comply with section 45 [form and content of notice to end tenancy].
(4) A tenant may dispute a notice under this section by applying for arbitration within 15 days after the date the tenant receives the notice.
(5) If a tenant who has received a notice under this section does not apply for arbitration in accordance with subsection (4), the tenant
(a) is conclusively presumed to have accepted that the tenancy ends on the effective date of the notice, and
(b) must vacate the manufactured home site by that date.
43 (1) If a landlord gives a tenant notice to end a periodic tenancy under section 42 [landlord's use of property], the tenant may end the tenancy early by
(a) giving the landlord at least 10 days' written notice to end the tenancy on a date that is earlier than the effective date of the landlord's notice, and
(b) paying the landlord, on the date the tenant's notice is given, the proportion of the rent due to the effective date of the tenant's notice, unless subsection (2) applies.
(2) If the tenant paid rent before giving a notice under subsection (1), on receiving the tenant's notice, the landlord must refund any rent paid for a period after the effective date of the tenant's notice.
(3) A notice under this section does not affect the tenant's right to compensation under section 44 [tenant's compensation: section 42 notice].
44 (1) A landlord who gives a tenant notice to end a tenancy under section 42 [landlord's use of property] must pay the tenant, on or before the effective date of the notice, an amount that is equivalent to 12 months' rent payable under the tenancy agreement.
(2) In addition to the amount payable under subsection (1), if steps have not been taken to accomplish the stated purpose for ending the tenancy under section 42 within a reasonable period after the effective date of the notice, the landlord must pay the tenant an amount that is the equivalent of 6 times the monthly rent payable under the tenancy agreement.
45 In order to be effective, a notice to end a tenancy must be in writing and must
(a) be signed and dated by the landlord or tenant giving the notice,
(b) give the address of the manufactured home site,
(c) state the effective date of the notice,
(d) except for a notice under section 38 (1) or (2) [tenant's notice], state the grounds for ending the tenancy, and
(e) when given by a landlord, be in the approved form.
46 (1) If a landlord or tenant gives notice to end a tenancy effective on a date that does not comply with this Division, the notice is deemed to be changed in accordance with subsection (2) or (3), as applicable.
(2) If the effective date stated in the notice is earlier than the earliest date permitted under the applicable section, the effective date is deemed to be the earliest date that complies with the section.
(3) In the case of a notice to end a tenancy, other than a notice under section 38 (3) [tenant's notice: landlord breach of material term], 39 [landlord's notice: non-payment of rent] or 43 [tenant may end tenancy early], if the effective date stated in the notice is any day other than the day before the day in the month, or in the other period on which the tenancy is based, that the rent is payable under the tenancy agreement, the effective date is deemed to be the day before the day in the month, or in the other period on which the tenancy is based, that the rent is payable under the tenancy agreement
(a) that complies with the required notice period, or
(b) if the landlord gives a longer notice period, that complies with that longer notice period.
Division 2 -- Order of Possession of a Manufactured
Home Site
47 (1) A tenant who has entered into a tenancy agreement with a landlord may request an order of possession of the manufactured home site by applying for arbitration.
(2) An arbitrator may grant an order of possession under this section before or after the date on which the tenant is entitled to occupy the manufactured home site under the tenancy agreement, and the order is effective on the date specified by the arbitrator.
(3) The date specified under subsection (2) may not be earlier than the date the tenant is entitled to occupy the manufactured home site.
48 (1) If
(a) a tenant applies for arbitration to dispute a landlord's notice to end a tenancy, and
(b) on hearing the application, the arbitrator upholds the landlord's notice,
on the oral request of the landlord made at the hearing, the arbitrator must grant the landlord an order of possession of the manufactured home site.
(2) A landlord may request an order of possession of a manufactured home site in any of the following circumstances by applying for arbitration:
(a) a notice to end the tenancy has been given by the tenant;
(b) a notice to end the tenancy has been given by the landlord, the tenant has not disputed the notice by applying for arbitration and the time for making that application has expired;
(c) the tenancy agreement is a fixed term tenancy agreement that provides that the tenant will vacate the manufactured home site at the end of the fixed term;
(d) the landlord and tenant have agreed in writing that the tenancy is ended.
(3) An arbitrator may grant an order of possession before or after the date when a tenant is required to vacate a manufactured home site, and the order takes effect on the date specified in the order.
49 (1) A landlord may apply for arbitration to request an order
(a) ending a tenancy on a specified date that is earlier than the tenancy would end if notice to end the tenancy were given under section 40 [landlord's notice: cause], and
(b) granting the landlord an order of possession, in respect of the manufactured home site, that is effective on or after that date.
(2) An arbitrator may make an order referred to in subsection (1) only if satisfied that
(a) the tenant or a person permitted in the manufactured home park by the tenant has done any of the following:
(i) significantly interfered with or unreasonably disturbed another occupant or the landlord of the manufactured home park;
(ii) seriously jeopardized the health or safety or a lawful right or interest of the landlord or another occupant;
(iii) put the landlord's property at significant risk;
(iv) engaged in illegal activity that
(A) has caused or is likely to cause damage to the landlord's property,
(B) has adversely affected or is likely to adversely affect the quiet enjoyment, security, safety or physical well-being of another occupant of the manufactured home park, or
(C) has jeopardized or is likely to jeopardize a lawful right or interest of another occupant or the landlord;
(v) caused extraordinary damage to the manufactured home park, and
(b) it would be unreasonable, or unfair to the landlord or other occupants of the manufactured home park, to wait for a notice to end the tenancy under section 40 [landlord's notice: cause] to take effect.
(3) If an order is made under this section, it is unnecessary for the landlord to give the tenant a notice to end the tenancy.
50 (1) In this section:
"new tenant" means a tenant who has entered into a tenancy agreement in respect of a manufactured home site but who is prevented from occupying the manufactured home site by an overholding tenant;
"overholding tenant" means a tenant who continues to occupy a manufactured home site after the tenant's tenancy is ended.
(2) The landlord must not take actual possession of a manufactured home site that is occupied by an overholding tenant unless the landlord has a writ of possession issued under the Supreme Court Rules.
(3) A landlord may claim compensation from an overholding tenant for any period that the overholding tenant occupies the manufactured home site after the tenancy is ended.
(4) If a landlord is entitled to claim compensation from an overholding tenant under subsection (3) and a new tenant brings proceedings against the landlord to enforce his or her right to possess or occupy the manufactured home site that is occupied by the overholding tenant, the landlord may apply to add the overholding tenant as a party to the proceedings.
Division 1 -- Arbitration Proceedings
51 (1) Except as restricted under this Act, a dispute between a landlord and tenant in respect of any of the following may be resolved by applying for arbitration:
(a) rights, obligations and prohibitions under this Act;
(b) rights and obligations under the terms of a tenancy agreement that
(i) are required or prohibited under this Act, or
(ii) relate to
(A) the tenant's use, occupation or maintenance of the manufactured home site, or
(B) the use of common areas or services or facilities.
(2) Except as provided in subsection (4), a dispute about a right, obligation or prohibition referred to in subsection (1) that cannot be resolved between the landlord and tenant must be submitted for arbitration unless
(a) the claim is for more than the monetary limit for claims under the Small Claims Act, or
(b) the application was not filed within the applicable period specified under this Act.
(3) Except as provided in subsection (4), a court does not have and must not exercise any jurisdiction in respect of a matter that must be submitted to arbitration under this Act.
(4) The Supreme Court may
(a) on application, hear a dispute referred to in subsection (2) (a), and
(b) on hearing the dispute, make any order that an arbitrator may make under this Act.
(5) The Commercial Arbitration Act does not apply to an arbitration under this Act.
52 (1) An arbitration is started by a landlord or a tenant filing an application for arbitration with the director.
(2) An application for arbitration must
(a) be in the approved form,
(b) include full particulars of the dispute that is to be the subject of the arbitration, and
(c) be accompanied by the fee prescribed in the regulations.
(3) A person who applies for arbitration under this section must give a copy of the application to the other party within 3 days of filing the application.
(4) The director may waive or reduce the fee if satisfied that
(a) the applicant cannot reasonably afford to pay the fee, or
(b) the circumstances do not warrant the fee being collected.
(5) The director may refuse to accept an application for arbitration if
(a) in the director's opinion, the application does not disclose a dispute that may be arbitrated under this Act,
(b) the applicant owes outstanding fees under this Act to the government, or
(c) the application does not comply with subsection (2).
53 (1) If this Act does not state a time by which an application for arbitration must be filed, it must be filed within 2 years of the date that the tenancy to which the matter relates ends or is assigned.
(2) Despite the Limitation Act, if an application for arbitration is not filed within the 2 year period, a claim arising under this Act or the tenancy agreement in relation to the tenancy ceases to exist for all purposes except as provided in subsection (3).
(3) If an application for arbitration is filed by a landlord or tenant within the applicable limitation period under this Act, the other party to the arbitration may file an application for arbitration in respect of a different dispute between the same parties after the applicable limitation period but before the arbitration in respect of the first application is heard.
54 (1) If an application for arbitration is properly completed and is accepted by the director, the director must
(a) designate an arbitrator,
(b) refer the dispute to the arbitrator, and
(c) specify the date, time and place of the arbitration hearing.
(2) If the director considers it appropriate, he or she may designate a different arbitrator under subsection (1) to arbitrate a dispute that was previously referred to an arbitrator.
55 (1) An arbitrator has authority to arbitrate
(a) a dispute referred by the director to the arbitrator, and
(b) any matters related to that dispute that arise under this Act or a tenancy agreement.
(2) An arbitrator may make any finding of fact or law that is necessary or incidental to making a decision or an order under this Act.
(3) An arbitrator may make any order necessary to give effect to the rights, obligations and prohibitions under this Act, including an order that a landlord or tenant comply with this Act, the regulations or a tenancy agreement.
(4) An arbitrator may dismiss all or a part of an application if
(a) there are no reasonable grounds for the application or the part,
(b) the application or part does not disclose a dispute that may be arbitrated under this Act, or
(c) the application or part is frivolous or an abuse of the arbitration process.
(5) If the director designates a different arbitrator under section 54 (2) [change in arbitrator] to arbitrate a dispute, the arbitrator to whom the dispute was previously referred ceases to have authority in relation to the matter.
56 (1) An arbitrator may assist the parties, or offer the parties an opportunity, to settle their dispute.
(2) If the parties settle their dispute during arbitration proceedings, the arbitrator may record the settlement in the form of a decision or an order.
57 (1) Before making a decision or an order, an arbitrator must consider any applicable policy guidelines established by the director for the purposes of assisting arbitrators in applying this Act and encouraging consistency of decision making.
(2) An arbitrator must make each decision or order on the merits of the case as disclosed by the evidence admitted and is not bound to follow other arbitration decisions under this Act.
(3) Subject to the rules of procedure established under section 9 (3) [director's responsibilities], an arbitrator may
(a) deal with any procedural issue that arises,
(b) make interim or temporary orders, and
(c) amend, or permit to be amended, an application for arbitration.
(4) If, in an arbitrator's opinion, another tenant of a landlord who is a party to an arbitration will be or is likely to be materially affected by the outcome of the arbitration, the arbitrator may
(a) order that the other tenant be given notice of the arbitration, and
(b) provide that other tenant with an opportunity to be heard in the arbitration.
58 (1) Without limiting the general authority in section 55 (3) [arbitrator's authority], if an arbitrator finds that a landlord or tenant has not complied with the Act, the regulations or a tenancy agreement, the arbitrator may make any of the following orders:
(a) that a tenant must pay rent to the director, who must hold the rent in trust or pay it out, as directed by an arbitrator, for the costs of complying with this Act, the regulations or a tenancy agreement in relation to maintenance or repairs or services or facilities;
(b) that a tenant must deduct an amount from rent to be expended on maintenance or a repair, or on a service or facility, as ordered by the arbitrator;
(c) that any money paid by a tenant to a landlord must be
(i) repaid to the tenant,
(ii) deducted from rent, or
(iii) treated as a payment of an obligation of the tenant to the landlord other than rent;
(d) that any money owing by a tenant or a landlord to the other must be paid;
(e) that personal property seized or received by a landlord contrary to this Act or a tenancy agreement must be returned;
(f) that past or future rent must be reduced by an amount that is equivalent to a reduction in the value of a tenancy agreement;
(g) that a tenancy agreement may be assigned or a manufactured home site may be sublet if the landlord's consent has been withheld contrary to section 28 (2) [assignment and subletting].
(2) The director, in accordance with the applicable directive of the minister charged with the administration of the Financial Administration Act, must recover from a trust referred to in subsection (1) (a) the costs incurred in carrying out the order referred to in that subsection.
(3) When the purposes of an order referred to in subsection (1) (a) have been accomplished, the director must pay to the landlord, in accordance with the regulations, any amount of rent remaining in the trust, together with interest if interest is payable under the regulations.
59 (1) An arbitrator may extend or modify time limits under this Act if exceptional circumstances exist.
(2) As restrictions on subsection (1), an arbitrator may not
(a) extend the time limit set by section 39 (4) (a) [landlord's notice: non-payment of rent] for a tenant to pay overdue rent, or
(b) extend, beyond the effective date of the notice, the time limit to apply for arbitration to dispute a notice to end a tenancy.
60 Without limiting the general authority in section 55 (3) [arbitrator's authority], if damage or loss results from a party not complying with this Act, the regulations or a tenancy agreement, an arbitrator may determine the amount of, and order that party to pay, compensation to the other party.
61 (1) If a notice to end a tenancy does not comply with section 45 [form and content of notice to end tenancy], an arbitrator may amend the notice if satisfied that
(a) the person receiving the notice knew, or should have known, the information that was omitted from the notice, and
(b) in the circumstances, it is reasonable to amend the notice.
(2) Without limiting section 55 (3) [arbitrator's authority], an arbitrator may, in accordance with this Act,
(a) order that a tenancy ends on a date other than the effective date shown on the notice to end the tenancy, or
(b) set aside or amend a notice given under this Act that does not comply with the Act.
62 If an arbitrator is satisfied that circumstances prescribed for the purposes of section 36 (3) [amount of rent increase] apply, the arbitrator may order that a landlord is permitted to increase rent by an amount that is
(a) greater than the amount calculated under the regulations for the purpose of section 36 (1) (a), and
(b) not greater than the maximum rent increase authorized by the regulations prescribed for the purpose of this section.
63 If an arbitrator is satisfied that a landlord is likely to enter a manufactured home site other than as authorized under section 23 [landlord's right to enter a manufactured home site restricted], the arbitrator may suspend or set conditions on the landlord's right to enter the manufactured home site.
64 (1) An arbitrator may order that a notice, order, process or other document may be served by substituted service in accordance with the order.
(2) In addition to the authority under subsection (1), an arbitrator may make any of the following orders:
(a) that a document must be served in a manner the arbitrator considers necessary, despite sections 81 [how to give or serve documents generally] and 82 [special rules for certain documents];
(b) that a document has been sufficiently served for the purposes of this Act on a date the arbitrator specifies;
(c) that a document not served in accordance with section 81 or 82 is sufficiently given or served for purposes of this Act.
65 (1) An arbitrator may order payment or repayment of a fee under section 52 (2) (c) [starting arbitration proceedings] by one party to an arbitration to another party or to the director.
(2) If an arbitrator orders a landlord to pay an amount to a tenant, including an amount under subsection (1), the amount may be deducted from any rent due to the landlord.
66 (1) If 2 or more applications for arbitration are accepted in respect of related disputes with the same landlord, the director may schedule the arbitrations to be heard by a single arbitrator at the same time.
(2) If 2 or more applications for arbitration are accepted in respect of disputes between the same landlord and tenant, the director may schedule the arbitrations to be heard by a single arbitrator.
67 (1) Subject to the rules of procedure established under section 9 (3) [director's responsibilities], an arbitrator may conduct an arbitration hearing in the manner he or she considers appropriate.
(2) An arbitrator may hold a hearing
(a) in person,
(b) in writing,
(c) by telephone, video conference or other electronic means, or
(d) by any combination of the methods under paragraphs (a) to (c).
(3) An arbitrator may administer oaths for the purposes of this Act.
68 An arbitrator may admit as evidence, whether or not it would be admissible under the laws of evidence, any oral or written testimony or any record or thing that the arbitrator considers to be
(a) necessary and appropriate, and
(b) relevant to the arbitration.
69 (1) On the request of a party or on the arbitrator's own initiative, an arbitrator may issue a summons requiring a person
(a) to attend an arbitration hearing or proceeding and give evidence, or
(b) to produce before the arbitrator documents or any other thing relating to the subject matter of the arbitration.
(2) A party who requests that a summons be issued under subsection (1) must provide conduct money for the witness in accordance with the rules of procedure established under section 9 (3) [director's responsibilities].
(3) If a person named in and served with a summons under subsection (1) does not comply with the summons, the person is liable, on application to the Supreme Court, to be committed for contempt as if in breach of a judgment or an order of the Supreme Court.
70 (1) A decision of an arbitrator must
(a) be in writing,
(b) be signed and dated by the arbitrator,
(c) include the reasons for the decision, and
(d) be given promptly and in any event within 30 days after the proceedings conclude.
(2) An arbitrator does not lose authority in an arbitration, nor is the validity of a decision affected, if a decision is given after the 30 day period in subsection (1) (d).
(3) Except as otherwise provided in this Act, a decision or an order of an arbitrator is final and binding on the parties.
71 (1) On the request of a party within 15 days after a decision is given, or on an arbitrator's own initiative, with or without a hearing, the arbitrator may
(a) correct typographic, grammatical, arithmetic or other similar errors in his or her decision or order,
(b) clarify the decision or order, and
(c) deal with an obvious error or inadvertent omission in the decision or order.
(2) A request referred to in subsection (1) may be made without notice to another party, but the arbitrator may order that another party be given notice.
(3) An arbitrator must not act under this section unless the arbitrator considers it just and reasonable to do so in all the circumstances.
Division 2 -- Review of Decisions and Orders
72 (1) A party to an arbitration may apply to the director for a review of the arbitrator's decision or order.
(2) A decision or an order of an arbitrator may be reviewed only on one or more of the following grounds:
(a) a party was unable to attend the original hearing because of circumstances that could not be anticipated and that were beyond the party's control;
(b) a party has new and relevant evidence that was not available at the time of the original hearing;
(c) a party has evidence that the arbitrator's decision or order was obtained by fraud.
(3) An application for review of an arbitrator's decision or order
(a) must be made in the approved form and in the manner approved by the director,
(b) must be accompanied by the fee prescribed in the regulations,
(c) must be accompanied by full particulars of the grounds for review and the evidence on which the applicant intends to rely, and
(d) may be made without notice to any other party.
(4) The director may waive or reduce the fee if satisfied that
(a) the applicant cannot reasonably afford to pay the fee, or
(b) the circumstances do not warrant the fee being collected.
(5) The director may refuse to accept an application for review of an arbitrator's decision or order if the application does not comply with subsection (3).
(6) If the director accepts an application for review of an arbitrator's decision or order, the director must designate the original arbitrator to consider the application unless the original arbitrator is not available or the director considers it appropriate to designate a different arbitrator.
(7) A party to an arbitration may make an application under this section only once in respect of the arbitration.
73 A party must make an application for review of an arbitrator's decision or order within whichever of the following periods applies:
(a) within 2 days after a copy of the decision or order is received by the party, if the decision or order relates to
(i) the withholding of consent, contrary to section 28 (2) [assignment and subletting], by a landlord to an assignment or subletting,
(ii) a notice to end a tenancy under section 39 [landlord's notice: non-payment of rent], or
(iii) an order of possession under section 47 [order of possession for the tenant], 48 [order of possession for the landlord] or 49 [landlord's application for order ending tenancy early];
(b) within 5 days after a copy of the decision or order is received by the party, if the decision or order relates to
(i) repairs or maintenance under section 26 [obligations to repair and maintain],
(ii) services or facilities under section 21 [terminating or restricting services or facilities], or
(iii) a notice to end a tenancy agreement other than under section 39 [landlord's notice: non-payment of rent];
(c) within 15 days after a copy of the decision or order is received by the party, for a matter not referred to in paragraph (a) or (b).
74 (1) At any time after an application for review of an arbitrator's decision or order is made, the arbitrator designated to conduct the review may dismiss or refuse to consider the application for one or more of the following reasons:
(a) the issue raised by the application can be dealt with by a correction, clarification or otherwise under section 71 [correction or clarification of decisions or orders];
(b) the application
(i) does not give full particulars of the issues submitted for review or of the evidence on which the applicant intends to rely,
(ii) does not disclose sufficient evidence of a ground for the review,
(iii) discloses no basis on which, even if the submissions in the application were accepted, the decision or order of the arbitrator should be set aside or varied, or
(iv) is frivolous or an abuse of process;
(c) the applicant fails to pursue the application diligently or does not follow an order made in the course of the review.
(2) A decision under subsection (1) may be based solely on the written submissions of the applicant.
(3) The arbitrator designated to review a decision or an order may order that the decision or order be suspended, with or without conditions, until the review has been completed and a decision given to the parties.
(4) Within 3 days of receiving a decision to proceed with a review, or within a different period specified by the arbitrator, the applicant must give the other party a copy of the decision and of any order giving effect to the decision.
75 (1) If the arbitrator designated to review a decision or an order decides that there are sufficient grounds to review the decision or order, the arbitrator must review the decision or order.
(2) The arbitrator designated to review the decision or order may conduct the review
(a) based solely on the record of the original arbitration and any written submissions of the parties,
(b) by reconvening the arbitration, or
(c) by conducting a new arbitration.
(3) Following the review, the arbitrator may confirm, vary or set aside the original decision or order.
76 An arbitrator who conducts a review has all the powers and duties of an arbitrator in an original arbitration.
Division 3 -- Enforcement of Arbitration Orders
77 (1) A decision or an order of an arbitrator may be filed in the Supreme Court and enforced as a judgment or an order of that court after
(a) a review of the arbitrator's decision or order has been
(i) refused or dismissed, or
(ii) concluded, or
(b) the time period to apply for a review has expired.
(2) Subsection (1) applies whether the decision or order is interim, temporary or final.
78 (1) This section applies to a decision or an order of an arbitrator if
(a) the decision or order is for financial compensation or the return of personal property, and
(b) as applicable,
(i) the amount required to be paid under the decision or order, excluding interest and costs, is $10 000 or less, or
(ii) the value of the personal property is $10 000 or less.
(2) A decision or an order described in subsection (1) may be filed in the Provincial Court and enforced as a judgment or an order of that court after
(a) a review of the arbitrator's decision or order has been
(i) refused or dismissed, or
(ii) concluded, or
(b) the time period to apply for a review has expired.
Division 4 -- Administration of the Arbitration
System
79 (1) The minister may appoint individuals as arbitrators for the purposes of this Act.
(2) An arbitrator may be appointed for a term of up to 5 years and may be reappointed.
(3) An individual is not eligible for appointment as an arbitrator unless
(a) he or she has successfully completed a competency based selection process established or approved by the director, or
(b) he or she has previously been appointed as an arbitrator under this Act.
(4) An arbitrator must be
(a) paid fees in the amount and manner specified by the director, and
(b) reimbursed for reasonable travelling and out of pocket expenses necessarily incurred in the performance of duties or exercise of powers under this Act.
(5) An arbitrator is not an employee of the government.
(6) After an arbitrator resigns his or her appointment or after his or her term of office expires, the arbitrator may
(a) make a decision or an order in an arbitration to which he or she was designated while holding office,
(b) continue with the hearing of any matter referred to in paragraph (a),
(c) exercise the jurisdiction to correct or clarify a decision or an order under section 71 [correction or clarification of decisions or orders], and
(d) if designated by the director, consider an application for review of his or her own decision or order or conduct the review.
(7) If a former arbitrator makes a decision or an order, or exercises a jurisdiction, under subsection (6), the decision, order or exercise of jurisdiction is valid and effective as though the arbitrator still held office.
(8) Despite subsections (1) to (3), if the director considers it necessary because of special circumstances in relation to a specific arbitration, the director may appoint an individual whom the director considers qualified as an arbitrator for the purposes of the specific arbitration.
80 An arbitrator must not be compelled in civil proceedings
(a) to give evidence in respect of matters that come to his or her knowledge in the course of exercising powers or performing duties under this Act, or
(b) to produce records that are in the possession of the arbitrator because of his or her duties or powers under this Act.
Division 1 -- How to Give or Serve Documents
81 All documents, other than those referred to in section 82 [special rules for certain documents], that are required or permitted under this Act to be given to or served on a person must be given or served in one of the following ways:
(a) by leaving a copy with the person;
(b) if the person is a landlord, by leaving a copy with an agent of the landlord;
(c) by sending a copy by ordinary mail or registered mail to the address at which the person resides or, if the person is a landlord, to the address at which the person carries on business as a landlord;
(d) if the person is a tenant, by sending a copy by ordinary mail or registered mail to a forwarding address provided by the tenant;
(e) by leaving a copy at the person's residence with an adult who apparently resides with the person;
(f) by leaving a copy in a mail box or mail slot for the address at which the person resides or, if the person is a landlord, for the address at which the person carries on business as a landlord;
(g) by attaching a copy to a door or other conspicuous place at the address at which the person resides or, if the person is a landlord, at the address at which the person carries on business as a landlord;
(h) by transmitting a copy to a fax number provided as an address for service by the person to be served;
(i) as ordered by an arbitrator under section 64 (1) [arbitrator orders: delivery and service of documents];
(j) by any other means of service prescribed in the regulations.
82 (1) An application for arbitration or an arbitrator's decision to proceed with a review of an arbitrator's decision, when required to be given to one party by another, must be given in one of the following ways:
(a) by leaving a copy with the person;
(b) if the person is a landlord, by leaving a copy with an agent of the landlord;
(c) by sending a copy by registered mail to the address at which the person resides or, if the person is a landlord, to the address at which the person carries on business as a landlord;
(d) if the person is a tenant, by sending a copy by registered mail to a forwarding address provided by the tenant;
(e) as ordered by an arbitrator under section 64 (1) [arbitrator orders: delivery and service of documents].
(2) An application by a landlord under section 48 [order of possession for the landlord] or 49 [landlord's application for order ending tenancy early] must be given to the tenant in one of the following ways:
(a) by leaving a copy with the tenant;
(b) by sending a copy by registered mail to the address at which the tenant resides;
(c) by leaving a copy at the tenant's residence with an adult who apparently resides with the tenant;
(d) by attaching a copy to a door or other conspicuous place at the address at which the tenant resides;
(e) as ordered by an arbitrator under section 64 (1) [arbitrator orders: delivery and service of documents].
83 A document given or served in accordance with section 81 [how to give or serve documents generally] or 82 [special rules for certain documents] is deemed to be received as follows:
(a) if given or served by mail, on the 5th day after it is mailed;
(b) if given or served by fax, on the 3rd day after it is faxed;
(c) if given or served by attaching a copy of the document to a door or other place, on the 3rd day after it is attached;
(d) if given or served by leaving a copy of the document in a mail box or mail slot, on the 3rd day after it is left.
Division 2 -- Application of Other Law
84 Except as modified or varied by this Act or the regulations, the common law respecting landlords and tenants applies in British Columbia.
85 The Frustrated Contract Act and the doctrine of frustration of contract apply to tenancy agreements.
86 Despite any other enactment, no order of a court in a proceeding involving a foreclosure, an estate or a matrimonial dispute or another proceeding that affects possession of a manufactured home site is enforceable against a tenant of the manufactured home site unless the tenant was a party to the proceeding.
Division 3 -- Offences, Penalties and Regulations
87 (1) A person who contravenes any of the following provisions commits an offence and is liable on conviction to a fine of not more than $5 000:
(a) section 15 [no application or processing fees];
(b) section 18 (3) [no pet damage deposit];
(c) section 20 (3) [seizing or interfering with access to tenant's property];
(d) section 21 (1) [terminating or restricting services or facilities];
(e) section 23 [landlord's right to enter a manufactured home site restricted];
(f) section 24 (1) or (2) [tenant's right of access protected];
(g) section 25 (1) [prohibitions on changes to locks];
(h) section 28 (3) [assignment and subletting];
(i) section 35 (1) and (2) [timing and notice of rent increases];
(j) section 36 (1) [amount of rent increase];
(k) section 50 (2) [what happens if a tenant does not leave when tenancy ended].
(2) A person who coerces, threatens, intimidates or harasses a tenant or landlord
(a) in order to deter the tenant or landlord from making an application under this Act, or
(b) in retaliation for seeking or obtaining a remedy under this Act
commits an offence and is liable on conviction to a fine of not more than $5 000.
(3) A person who contravenes or fails to comply with a decision or an order made by an arbitrator commits an offence and is liable on conviction to a fine of not more than $5 000.
(4) A person who gives false or misleading information in a proceeding under this Act commits an offence and is liable on conviction to a fine of not more than $5 000.
(5) A tenant, or a person permitted in the manufactured home park by a tenant, who intentionally, recklessly or negligently causes damage to the manufactured home park commits an offence and is liable on conviction to a fine of not more than $5 000.
(6) If a person convicted of an offence under this Act has failed to comply with or contravened this Act, the court, in addition to imposing a fine, may order the person to comply with or to cease contravening this Act.
(7) Section 5 of the Offence Act does not apply to this Act or the regulations.
88 (1) A prosecution of an offence under this Act must not be commenced more than 2 years after the facts on which the proceeding is based first come to the knowledge of the director.
(2) A document purporting to have been issued by the director, certifying the date on which the director became aware of the facts on which the information is based,
(a) is admissible without proof of the signature or official character of the person appearing to have signed the certificate, and
(b) is proof of the certified facts unless there is evidence to the contrary.
89 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) exempting tenancy agreements, manufactured home sites or manufactured home parks from all or part of this Act;
(b) respecting tenancy agreements, including prescribing
(i) standard terms that must be included in every tenancy agreement, and
(ii) formal requirements for tenancy agreements;
(c) respecting rights and obligations of landlords and tenants that are not inconsistent with this Act, and providing that those rights and obligations must be terms of tenancy agreements;
(d) prescribing a penalty for a breach of a regulation, subject to the restriction that the penalty must not be greater than the maximum penalty referred to in section 87 [offences and penalties];
(e) prescribing
(i) the circumstances in which a landlord may consider that a tenant has abandoned personal property,
(ii) the manner in which a landlord may dispose of personal property abandoned by a tenant, and
(iii) how competing claims on the property are to be resolved;
(f) prescribing
(i) the circumstances in which the purchaser of abandoned personal property acquires a marketable title free of all encumbrances,
(ii) how proceeds from disposing of the property are to be dealt with, and
(iii) imposing a duty of care on the landlord for that property;
(g) governing the process for obtaining the landlord's consent to an assignment of a tenancy agreement or a sublease of a manufactured home site, including
(i) procedures for determining whether that consent is given or withheld and related matters, and
(ii) circumstances in which a landlord may withhold consent to an assignment or sublease;
(h) respecting the return of trust funds collected under section 58 (1) (a) [arbitrator orders: breach of Act, regulations or tenancy agreement], including prescribing the circumstances in which interest must be paid on the trust funds and how that interest is to be calculated;
(i) defining a word or phrase used but not defined in this Act;
(j) respecting matters related to a review of arbitration decisions;
(k) respecting refundable and non-refundable fees that a landlord may or may not impose on a tenant and limiting the amount of a fee that may be imposed;
(l) respecting park committees, including
(i) prescribing procedures for establishing park committees, selecting members and making rules, and
(ii) respecting the participation of a park committee in voluntary dispute resolution;
(m) respecting the security a landlord may require when a tenant is moving a manufactured home onto or off a manufactured home site;
(n) prescribing fees for anything done or any service provided under this Act;
(o) prescribing calculations for rent increases under section 36 (1) (a) [amount of rent increase], which, in addition to the calculation for a rent increase for the next 12 month period, may include calculations for simultaneous rent increases for up to three consecutive 12 month periods for which rent increases were not previously imposed;
(p) governing rent increases that may be approved by an arbitrator under section 62 [arbitrator orders: rent increases] on application under section 36 (3) [amount of rent increase], including
(i) prescribing circumstances for the purpose of section 36 (3), and
(ii) respecting the maximum rent increase that may be approved by an arbitrator under section 62;
(q) prescribing other means of giving or serving documents, including prescribing when documents given or served by those means are deemed to be received;
(r) for any other purpose for which regulations are contemplated by this Act.
(3) In making regulations under this Act, the Lieutenant Governor in Council may
(a) delegate a matter to a person,
(b) confer a discretion on a person, and
(c) make different regulations for different manufactured home sites, manufactured home parks or tenancy agreements or for different classes of manufactured home sites, manufactured home parks or tenancy agreements.
Part 8 -- Transitional Provisions
90 In this Part, "former Act" means the Residential Tenancy Act, R.S.B.C. 1996, c. 406.
91 (1) A landlord who holds a security deposit under the former Act in respect of a tenancy agreement to which this Act applies, despite section 17 (2) [security deposits], may hold that security deposit until the end of the tenancy.
(2) The following sections of the Residential Tenancy Act apply in respect of a security deposit referred to in subsection (1):
(a) section 19 [limits on amount];
(b) section 20 (a), (b) and (e) [landlord prohibitions];
(c) section 21 [tenant prohibition];
(d) section 38 [return of security deposit];
(e) section 39 [if forwarding address not provided];
(f) section 72 (2) (b) [arbitrator orders: fees and monetary orders];
(g) section 93 [obligations pass with transfer or assignment of land].
92 (1) Despite the repeal of the former Act, if, before the date this section comes into force, a notice of a rent increase is given under section 24 (3) of the former Act, the former Act and the regulations under the former Act apply in respect of the increase and that Act is deemed to continue in force for that purpose.
(2) For the purposes of section 35 (1) (b) [timing and notice of rent increases] of this Act, a rent increase made in accordance with this Act includes a rent increase made in accordance with the former Act.
93 (1) Despite the repeal of the former Act, if, before the date this section comes into force, a landlord and tenant have designated an arbitrator under section 48 (1) of the former Act or have applied to the director to designate an arbitrator under section 49 (1) of that Act, the arbitration must be conducted under the former Act and that Act is deemed to continue in force for that purpose.
(2) An order of an arbitrator made under the former Act is deemed to be an order of an arbitrator under this Act.
94 (1) On the date this section comes into force, the appointment of each arbitrator appointed under the former Act is rescinded.
(2) For the purposes of section 79 (3) [appointment of arbitrators] of this Act, an arbitrator appointed under the former Act is deemed to have been previously appointed under this Act.
(3) An arbitrator whose appointment is rescinded under subsection (1) may, on and after the date of the rescission,
(a) make a decision or an order in an arbitration to which he or she was designated while holding office,
(b) continue with the hearing of any matter referred to in paragraph (a),
(c) exercise jurisdiction under section 57.1 [error or omission in decision] of the former Act, and
(d) if designated by the director, consider an application for review of his or her own decision or order or conduct the review.
95 A term of an agreement referred to in section 71 (1), (2) or (5) of the former Act is considered to be a term of the tenancy agreement of the landlord and tenant who made the agreement or who are deemed to have made the agreement and the term may be enforced under this Act.
96 (1) The Lieutenant Governor in Council may make regulations considered necessary or advisable to more effectively bring this Act into operation and to facilitate the transition from the operation of the former Act to the operation of this Act, including regulations prescribing the manner in which any transitional question or issue arising because of the repeal of the former Act is to be resolved.
(2) The Lieutenant Governor in Council, by regulation, may amend the following sections of this Act by striking out "the date this section comes into force" and substituting the actual date the applicable section comes into force:
(a) section 12 (a) [tenancy agreements include the standard terms];
(b) section 13 (1) [requirements for tenancy agreements];
(c) section 92 (1) [transitional: rent increases];
(d) section 93 (1) [transitional: arbitrations started under former Act];
(e) section 94 (1) [transitional: arbitrators appointed under former Act].
97 This Act comes into force by regulation of the Lieutenant Governor in Council.
This Bill replaces those sections of the Residential Tenancy Act, R.S.B.C. 1996, c. 406, that applied to tenancies of manufactured home sites.
In addition, the Bill
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