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. 116
OF THE
Wednesday, November 20, 2002
2 p.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 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 43 is amended by adding the text highlighted by underline:
Amount of rent increase
43 (1) A landlord may impose a rent increase only up to the amount
(a) calculated in accordance with the regulations, stating that any increase above the CPI must be justified, or
(b) ordered by an arbitrator on application under subsection (3).
SECTION 43 is amended by adding the text highlighted by underline and deleting the text highlighted by strikethrough:
Amount of rent increase
43 (2) A tenant may not may apply for arbitration
to dispute a rent increase, that even if it complies with
this Part.
SECTION 46 is amended by adding the text highlighted by underline:
Landlord's notice: non-payment of rent
46 (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.
(c) request an extension of time to pay rent by applying for arbitration.
SECTION 46 is amended by deleting the text highlighted by strikethrough:
Landlord's notice: non-payment of rent
46 (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.
SECTION 47 is amended by deleting the text highlighted by strikethrough:
Landlord's notice: cause
47 (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 does not pay the security deposit or pet damage deposit within 30 days of the date it is required to be paid under the tenancy agreement;
(b) the tenant is repeatedly late paying rent;
(c) there are an unreasonable number of occupants in a rental unit;
SECTION 47 (1) (e) is amended by deleting the text highlighted by strikethrough:
Landlord's notice: cause
47 (1)
(e) the tenant or a person permitted on the residential property
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 residential property, or
(iii) has jeopardized or is likely to jeopardize a lawful
right or interest of another occupant or the landlord;
SECTION 47 (1) (g) is amended by adding the text highlighted by underline:
Landlord's notice: cause
47 (1)
(g) after receiving written warning to do so, the tenant does not repair significant damage to the rental unit or other residential property, as required under section 32 (3), within a reasonable time;
SECTION 49 (6) (b) is amended by adding the text highlighted by underline and deleting the text highlighted by strikethrough:
Landlord's notice: landlord's use of property
49 (6) A landlord may end a tenancy in respect of a rental unit if the landlord has all the necessary permits and approvals required by law, and intends in good faith, to do any of the following:
(a) demolish the rental unit;
(b) renovate or repair the rental unit in a manner that requires
to the extent that permits are required and the rental
unit needs to be vacant in order to conduct the renovation
or repair;
SECTION 51 is amended by adding the text highlighted by underline:
Tenant's compensation: section 49 notice
51 (3) Compensation shall be extended to situations where the tenant is being evicted due to a municipal or health authority order to shut down unit or building.
SECTION 55 is amended by adding the text highlighted by underline:
Order of possession for the landlord
55 (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 written request in the prescribed
form of the landlord made at the hearing, the arbitrator must
grant the landlord an order of possession of the rental unit.
74 The Hon. M. de Jong to move, in Committee of the Whole on Bill (No. 74) intituled Forest and Range Practices Act to amend as follows:
SECTION 32, in the proposed subsection (2) (a) and (b) by deleting "section 35 (1)" and substituting "section 35 (2)".
SECTION 108, by deleting the proposed section 108 and substituting the following:
Government may fund extra expense or waive obligation
108 (1) The district manager must grant the relief described in subsection (3) to a person who has a prescribed obligation, other than an obligation to establish a free growing stand, under this Act, the regulations or an operational plan and who satisfies the district manager that
(a) because of an event causing damage, the obligation under the operational plan cannot be met without significant extra expense than would have been the case if the damage had not occurred, and
(b) the person
(i) did not cause or contribute to the cause of the damage,
(ii) exercised due diligence in relation to the cause of the damage, or
(iii) contributed to the cause of the damage but only as a result of an officially induced error.
(2) The district manager must grant
(a) the relief described in subsection (3), or
(b) the funding described in subsection (4)
to a person having an obligation to establish a free growing stand if the person satisfies the district manager that
(c) because of an event causing damage, the obligation to establish the free growing stand cannot be met without significant extra expense than would have been the case if the damage had not occurred, and
(d) the person
(i) did not cause or contribute to the cause of the damage,
(ii) exercised due diligence in relation to the cause of the damage, or
(iii) contributed to the cause of the damage but only as a result of an officially induced error.
(3) The relief, that must be granted under subsection (1) or that may be granted under subsection (2) (a), from an obligation by the district manager to a person is relief from
(a) the person's obligation to the extent only that the obligation cannot be met without significant extra expense related to the damage referred to in subsection (1) or (2), or
(b) the person's obligation in full if the district manager considers that the remaining obligation, after taking paragraph (a) of this subsection into account, is inconsequential.
(4) The funding for an obligation, that may be granted under subsection (2) (b) by the district manager to a person, is funding to the extent only that is required for the purpose of restoring the stand of trees on the area affected by the event referred to in subsection (2)
(a) to the stage the stand had reached at the time of the damage caused by the event, or
(b) to the stage that is consistent with the person's obligation in that regard as modified by a regulation under subsection (7).
(5) A decision in any proceedings, that a person having an obligation referred to in subsection (1) or (2) did or did not do any of the things referred to in subsection (1) (b) or (2) (d), is binding on the district manager.
(6) The district manager may not under this section grant relief or funding in respect of an event causing damage if the event occurred before the coming into force of this subsection.
(7) The Lieutenant Governor in Council may make regulations
(a) respecting the modification of an obligation referred to in subsection (2) to establish a free growing stand, and
(b) for the purpose of subsection (6), resolving any doubts as to
(i) what constitutes an event, or
(ii) when an event occurred.
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
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
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