2002 Legislative Session: 3rd Session, 37th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
[ Schedule A . . . ]
No. 112
OF THE
Monday, November 18, 2002
10 a.m.
ROUTINE BUSINESS
PRAYERS
INTRODUCTION OF BILLS
1 Ms. Kwan to introduce a bill intituled Tuition Fee Freeze Act.
2 Ms. MacPhail to introduce a bill intituled Securities Act Amendment Act.
STATEMENTS (STANDING ORDER 25B)
(Afternoon sittings: Monday, Tuesday, Wednesday, and Thursday)
ORAL QUESTION PERIOD
(15 minutes, afternoon sittings: Monday, Tuesday, Wednesday, Thursday)
PRESENTING PETITIONS
READING AND RECEIVING PETITIONS
PRESENTING REPORTS
MOTIONS ON NOTICE
(See Schedule A -- Government Motions)
(See Schedule D -- Private Members' Motions)
WRITTEN QUESTIONS ON NOTICE
PUBLIC WRITTEN QUESTIONS
(See Schedule C)
PROPOSED AMENDMENTS ON NOTICE
70 Hon. R. Coleman to move, in Committee of the Whole on Bill (No. 70) intituled Residential Tenancy Act to amend as follows:
SECTION 19 (2), by deleting the proposed section 19 (2) and substituting the following:
(2) If a landlord accepts a security deposit or a pet damage deposit that is greater than the amount permitted under subsection (1), the tenant may deduct the overpayment from rent or otherwise recover the overpayment.
SECTION 49 (1), by adding the following definitions to the proposed section 49 (1):
"landlord" means
(a) for the purposes of subsection (3), an individual who
(i) at the time of giving the notice, has a reversionary interest in the rental unit exceeding 3 years, and
(ii) holds not less than 1/2 of the full reversionary interest, and
(b) for the purposes of subsection (4), a family corporation that
(i) at the time of giving the notice, has a reversionary interest in the rental unit exceeding 3 years, and
(ii) holds not less than 1/2 of the full reversionary interest;
"purchaser", for the purposes of subsection (5), means a purchaser that has agreed to purchase at least 1/2 of the full reversionary interest in the rental unit.
70 Ms. Kwan to move, in Committee of the Whole on Bill (No. 70) intituled Residential Tenancy Act to amend as follows:
SECTION 19 is amended by deleting the text highlighted by strikethrough and adding the text highlighted by underline:
Limits on amount of deposits
19 (1) A landlord must not require or accept either a security
deposit or a pet damage deposit that is greater than the equivalent
of 1/2 of one month's rent payable under the tenancy agreement.
(2) If a landlord accepts
(a) a security deposit, or
(b) a pet damage deposit
that is greater than the equivalent of 1/2 of one month's rent payable under the tenancy agreement, or that is greater than the amount the tenant agreed to pay as a security deposit or a pet damage deposit under the tenancy agreement, the tenant may deduct the overpayment from rent or otherwise recover the overpayment.
SECTION 23 (4) is amended by adding the text highlighted by underline:
(4) Both the landlord and tenant must sign the condition inspection report and the landlord must give the tenant a copy of that report within 7 days after it is signed.
(A) if a landlord does not comply with subsection (4), the tenants' obligation to pay rent is suspended until a copy of the report is delivered to the tenant, and as soon as the copy of the report is delivered to the tenant, any rent that was not paid to the landlord in reliance of this subsection becomes immediately due and payable
SECTION 23 is amended by adding the text highlighted by underline:
(7) A tenant can complete the inspection report if the landlord refuses to participate.
SECTION 24 is amended by deleting the text highlighted by strikethrough and adding the text highlighted by underline:
Consequences for tenant and landlord if report requirements not met
24 (1) The consequence of not participating in an inspection is that the landlord or tenant, whichever party did not participate, is considered to have accepted it.
24 (1) The right of a tenant to the return of a security deposit
or a pet damage deposit, or both, as applicable, is extinguished if
(a) the landlord has offered the tenant, in accordance with
the regulations, at least 2 opportunities for the inspection required
under section 23 (1) or (2), and
(b) the tenant has not participated on either occasion.
SECTION 24 is amended by deleting the text highlighted by strikethrough and adding the text highlighted by underline:
Consequences for tenant and landlord if report requirements not met
24 (1) The consequence of not participating in an inspection is that the landlord or tenant, whichever party did not participate, is considered to have accepted it.
24 (1) The right of a tenant to the return of a security deposit
or a pet damage deposit, or both, as applicable, is extinguished if
(a) the landlord has offered the tenant, in accordance with
the regulations, at least 2 opportunities for the inspection required
under section 23 (1) or (2), and
(b) the tenant has not participated on either occasion.
(2) The right of a landlord to claim against a security deposit
or a pet damage deposit, or both, as applicable, for damage
to residential property is extinguished if the landlord
(a) does not offer the tenant, in accordance with the regulations, at least 2 opportunities for the inspection required under section 23 (1) or (2), or
(b) having made an inspection with the tenant, does not complete the condition inspection report or provide the tenant with a copy of it.
SECTION 27 is amended by deleting the text highlighted by strikethrough and adding the text highlighted by underline:
Terminating or restricting services or facilities
27 (1) A landlord must not terminate or restrict a service or facility
(a) that is essential reasonably related to the
tenant's use of the rental unit as living accommodation, and
(b) that cannot, or for which a reasonable substitute cannot, be purchased by that tenant.
SECTION 29 is amended by deleting the text highlighted by strikethrough:
Landlord's right to enter rental unit restricted
(2) A landlord may inspect a rental unit monthly in accordance
with subsection (1) (b).
SECTION 30 is amended by adding the text highlighted by underline:
Tenant's right of access protected
30 (2) A landlord must not restrict access to residential property by
(a) a candidate seeking election to an office of Canada, British Columbia, a regional district, a municipality, parks board or a school board, or
(b) the authorized representative of such a person
who is canvassing electors or distributing election material.
SECTION 33 is amended by adding the text highlighted by underline:
Emergency repairs
33 (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 residential property, and
(c) made for the purpose of repairing
(i) major leaks in pipes or the roof,
(ii) damaged or blocked water or sewer pipes or plumbing fixtures,
(iii) the primary heating system,
(iv) damaged or defective locks that give access to a rental unit, or
(v) the electrical systems, or
(v) (vi) in prescribed circumstances, a rental
unit or residential property.
SECTION 34 is amended by adding the text highlighted by underline:
Assignment and subletting
34 (1) Unless the landlord consents in writing, a tenant must not assign a tenancy agreement or sublet a rental unit.
(2) If a fixed term tenancy agreement is for 6 months or more, the landlord must not unreasonably withhold the consent required under subsection (1).
(3) A landlord must not charge a tenant anything for considering, investigating or consenting to an assignment or sublease under this section.
(4) A landlord may not unreasonably withhold permission for a new roomate.
SECTION 35 is amended by adding the text highlighted by underline:
(6) A tenant can complete the inspection report if the landlord refuses to participate.
SECTION 36 is amended by deleting the text highlighted by strikethrough and adding the text highlighted by underline:
Consequences for tenant and landlord if report requirements not met
36 (1) The right of a tenant to the return of a security
deposit or a pet damage deposit, or both, as applicable, is extinguished
if
(a) the landlord has offered the tenant, in accordance with
the regulations, at least 2 opportunities for the inspection required
under section 35 (1), and
(b) the tenant has not participated on either occasion.
36 (1) The consequence of not participating in an inspection is that the landlord or tenant, whichever party did not participate, is considered to have accepted it.
SECTION 36 is amended by deleting the text highlighted by strikethrough and adding the text highlighted by underline:
Consequences for tenant and landlord if report requirements not met
36 (1) The right of a tenant to the return of a security
deposit or a pet damage deposit, or both, as applicable, is extinguished
if
(a) the landlord has offered the tenant, in accordance with
the regulations, at least 2 opportunities for the inspection required
under section 35 (1), and
(b) the tenant has not participated on either occasion.
36 (1) The consequence of not participating in an inspection is that the landlord or tenant, whichever party did not participate, is considered to have accepted it.
(2) Unless the tenant has abandoned the rental unit, the right
of the landlord to claim against a security deposit or a pet
damage deposit, or both, as applicable, for damage to residential
property is extinguished if the landlord
(a) does not offer the tenant, in accordance with the regulations, at least 2 opportunities for the inspection required under section 35 (1), or
(b) having made an inspection with the tenant, does not complete the condition inspection report or provide the tenant with a copy of it.
SECTION 37 is amended by deleting the text highlighted by strikethrough and adding the text highlighted by underline:
Leaving the rental unit at the end of a tenancy
37 (1) Unless a landlord and tenant otherwise agree, the tenant
must vacate the rental unit by 1 p.m. on the day the tenancy ends
noon on the day the rent is due.
ORDERS OF THE DAY
PRIVATE MEMBERS' TIME
(Monday morning only)
(See Schedule D)
COMMITTEE OF SUPPLY
PUBLIC BILLS AND ORDERS AND GOVERNMENT MOTIONS ON NOTICE
COMMITTEE
SECOND READING
PRIVATE BILLS
SECOND READING
Bill (No. Pr 403) intituled Hansler Ozone Canada Inc. (Corporate Restoration) Act, 2002, PRINTED. Mr. Jarvis.
Bill (No. Pr 404) intituled Gold Standard Resources Ltd. (Corporate Restoration) Act, 2002, PRINTED. Mr. Nijjar.
PUBLIC BILLS IN THE HANDS OF PRIVATE MEMBERS
(See Schedule D)
ADJOURNED DEBATE ON OTHER MOTIONS
E. GEORGE MacMINN, Q.C.
Clerk of the Legislative Assembly
[ Schedule A . . . ]
[ Return to: Legislative Assembly Home Page ]
Copyright © 2002: Queen’s Printer, Victoria, British Columbia, Canada