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. 117
OF THE
Thursday, November 21, 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 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.
73 The Hon. K. Whittred to move, in Committee of the Whole on Bill (No. 73) intituled Community Care and Assisted Living Act to amend as follows:
SECTION 26, by adding the following subsections:
(6) Subsection (3) does not apply to a person if the spouse of the person
(a) will be housed in the assisted living residence, and
(b) is able to make decisions on behalf of that person.
(7) In subsection (6), "spouse" means a person who
(a) is married to another person, and is not living separate and apart, within the meaning of the Divorce Act (Canada), from the other person, or
(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.
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
REPORT
COMMITTEE
ADJOURNED DEBATE ON SECOND READING
SECOND READING
PRIVATE BILLS
COMMITTEE
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
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