Bill 55 - An Act to Amend The Residential Tenancies Act

BILL 55

An Act to Amend The Residential Tenancies Act

His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Subsection 1(1) of The Residential Tenancies Act, chapter R-10.2 of the Acts of New Brunswick, 1975, is amended in subparagraph (b)(vi) of the definition “premises” by striking out “where the living accommodations do not have their own self-contained bathroom and kitchen facilities”.

2 The Act is amended by adding after section 5 the following:

Notice to quit in certain circumstances

5.1( 1) A landlord may request that a residential tenancies officer serve a notice to quit on a tenant that terminates the tenancy if it is inappropriate for the landlord to serve a notice on the tenant under subsection 5(1) because the tenant has caused extensive damage to the premises or for another reason.

5.1( 2) A landlord shall make a request under subsection (1) in a form provided by the residential tenancies officer, dated and signed by the landlord or an agent or representative of the landlord, and shall serve a copy on the tenant.

5.1( 3) If a residential tenancies officer receives a request under subsection (1), the residential tenancies officer may conduct an investigation, inspect the premises, or both, and, after conducting the investigation, inspecting the premises, or both, may serve on the tenant a notice to quit, terminating the tenancy and requiring the tenant to vacate the premises at the time specified in the notice.

3 Subsection 6(8) of the Act is repealed.

4 Subsection 9(1) of the Act is amended by striking out “as prescribed by regulation,” and substituting “as provided by the Chief Residential Tenancies Officer”.

5 Section 11 of the Act is amended

(a) in subsection (3.2) by striking out “section 5” and substituting “section 5 or 5.1”;

(b) in paragraph (4)(c) by striking out “notice to quit issued under section 5” and substituting “notice to quit issued under section 5 or 5.1”.

6 Section 11.1 of the Act is amended

(a) by repealing subsection (1);

(b) by repealing subsection (2) and substituting the following:

11.1( 2) Subject to section 11.11 and to any other Act, when a tenancy is for a fixed term or runs from year to year, month to month or week to week, the landlord shall not increase the rent unless

(a) the landlord serves on the tenant notice of the increase which is not less than the notice period prescribed by regulation,

(b) the notice of the increase is a document separate from any other notice or receipt given to or served on the tenant by the landlord, and

( i) in the portion preceding paragraph (a) by striking out “subsections (1) and (2)” and substituting “subsection (2)”;

( ii) by repealing paragraph (e) and substituting the following:

(e) shall state the current amount of rent payable and the amount of rent payable after the increase in rent and state the date that increase is to take effect, and

(d) in subsection (3) in the portion preceding paragraph (a) by striking out “subsection (1) or (2), he” and substituting “subsection (2), the tenant”.

7 Section 15 of the Act is amended

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

Chattels left on the premises

15( 1) Except when a landlord and tenant have agreed in writing otherwise, a landlord may remove the chattels from the premises if a tenant leaves chattels on the premises after abandoning the premises in breach of the tenancy agreement or after losing possession of the premises on the termination or expiry of the tenancy, and the landlord shall

(a) store the chattels in a safe and secure location until the landlord is authorized to dispose of the chattels under this section,

(b) attempt to contact the tenant about the chattels and keep a record of the attempt, and

(b) by adding after subsection (1) the following:

15( 1.1) In an application under subsection (1), a landlord shall provide a residential tenancies officer with an itemized list of the chattels removed or with other documentation satisfactory to the residential tenancies officer.

15( 1.2) If a residential tenancies officer determines that the chattels removed under subsection (1) are unsanitary or dangerous, the residential tenancies officer may authorize the landlord to dispose of the chattels without delay, regardless of the value of the chattels.

15( 1.3) If a residential tenancies officer determines that the chattels removed under subsection (1) have a value that is less than the amount prescribed by regulation, the landlord may dispose of the chattels if at least ten days have passed since the tenant left the chattels on the premises.

(d) by repealing subsection (3) and substituting the following:

15( 3) If a residential tenancies officer determines that the chattels removed under subsection (1) have a value equal to or greater than the amount prescribed by regulation but equal to or less than the amount owing to the landlord by the tenant, the residential tenancies officer may authorize the landlord to sell or otherwise dispose of the chattels.

(e) by repealing subsection (4) and substituting the following:

15( 4) If a residential tenancies officer determines that the chattels removed under subsection (1) have a value equal to or greater than the amount prescribed by regulation and greater than the amount owing to the landlord by the tenant, the residential tenancies officer may store the chattels for a period of time determined by the officer by considering all the relevant circumstances and the officer shall give the tenant notice of this decision.

(f) in subsection (4.1) of the English version by striking out “him or her” and substituting “the residential tenancies officer”;

(g) by adding after subsection (6) the following:

15( 6.1) No landlord shall dispose of chattels left by a tenant in the circumstances described in subsection (1) except in accordance with subsection (1.3) or as authorized by a residential tenancies officer under subsection (1.2) or (3).

15( 6.2) No landlord shall prevent a tenant or a person claiming title to the chattels left by a tenant in the circumstances described in subsection (1) from accessing or retrieving the chattels at any time until the landlord

(a) satisfies the requirements for disposing of the chattels in accordance with subsection (1.3); or

(b) is authorized by a residential tenancies officer to dispose of the chattels under subsection (1.2) or (3).

15( 6.3) A tenant or a person claiming title to the chattels disposed of by a landlord who claims that the chattels were wrongfully disposed of may apply to the residential tenancies officer to compensate the tenant or the person for losses caused by the disposal within three months after the date the chattels were left on the premises.

15( 6.4) A residential tenancies officer who receives an application for compensation under subsection (6.3) may conduct an investigation and, after conducting the investigation, order the landlord to pay to the tenant an amount determined by the residential tenancies officer to compensate the tenant for losses caused by the disposal, within the time specified in the order.

15( 6.5) Subject to section 27, a decision of a residential tenancies officer under subsection (6.4) in respect of compensating a tenant and the amount of compensation to be paid by the landlord to the tenant is final and binding on the landlord and the tenant.

8 Subsection 21(5) of the Act is repealed.

9 Section 24.12 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) by striking out “A landlord shall not” and substituting “Subject to section 24.13, a landlord shall not”;

( ii) in paragraph (a) by striking out “occupied by the landlord” and substituting “occupied for at least three consecutive months by the landlord”;

( iii) in paragraph (b) by striking out “residential premises,” and substituting “residential premises for at least three consecutive months, or”;

( iv) by repealing paragraph (c);

(b) in subsection (8) by striking out “(1)(a), (b) or (c) does not, within two months after the tenancy terminates, occupy, lease, use or renovate” and substituting “(1)(a) or (b) does not, within two months after the tenancy terminates, occupy, lease or use”.

10 The Act is amended by adding after section 24.12 the following:

Approval required for a landlord to terminate for renovations or repairs

24.13( 1) A landlord shall not serve a notice of termination of tenancy for renovations or repairs unless the landlord applies to a residential tenancies officer and receives a written approval from the officer.

24.13( 2) A residential tenancies officer shall not issue a written approval under subsection (1) unless the officer is satisfied that the application meets the requirements prescribed by regulation.

24.13( 3) If a landlord who has served a notice of termination of tenancy after receiving an approval under this section does not, within two months after the tenancy terminates, renovate or repair the premises in a manner consistent with the reasons for the termination as stated in the application for approval, the tenant who was served with the notice of termination may apply to the residential tenancies officer, within two years after the date the tenancy is terminated, in a form provided by the residential tenancies officer, to compensate the tenant for losses caused by the termination.

24.13( 4) A residential tenancies officer who receives an application for compensation under subsection (3) may conduct an investigation and, after conducting the investigation, order the landlord to pay to the tenant an amount determined by the residential tenancies officer to compensate the tenant for losses caused by the termination, within the time specified in the order.

24.13( 5) Subject to section 27, a decision of a residential tenancies officer under subsection (4) in respect of compensating a tenant and the amount of compensation to be paid by the landlord to the tenant is final and binding on the landlord and the tenant.

11 The heading “Increase in rent” preceding section 24.5 of the Act is repealed.

12 Section 24.5 of the Act is repealed.

13 Section 28 of the Act is amended

(a) in subsection (2) by striking out “11.11(1), 11.11(2), 16(1), 24.12(1)” and substituting “11.1(2.01), 11.11(1), 11.11(2), 15(6.1), 15(6.2), 16(1), 24.12(1), 24.13(1)”;

(b) in subsection (2.1) by striking out “or 8.011(1)” and substituting “, 8.011(1), 15(6.4), 24.12(9) or 24.13(4)”.

14 Subsection 29(1) of the Act is amended

(a) by repealing paragraph (c);

(b) by adding after paragraph (d) the following:

(d.1) prescribing an amount for the value of chattels for the purposes of subsections 15(1.3), (3) and (4);

(d) by adding after paragraph (f.1) the following:

(f.2) prescribing, for the purposes of subsection 24.13(2), requirements to be met for the approval of an application;

(e) in paragraph (g.11) by striking out “paragraphs 11.1(2.06)(c) and 24.5(7)(c)” and substituting “paragraph 11.1(2.06)(c)”.

TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS

Transitional provisions

15( 1) On the commencement of this section and despite any conflict with the provisions of The Residential Tenancies Act or the regulations under that Act, any tenant who received a notice in relation to an increase in rent with an effective date between January 1, 2023, and the commencement of this section, inclusive, under subsection 11.1(1) of that Act as it read immediately before the commencement of this section, has 60 days after the commencement of this section to apply for a review under subsection 11.1(2.02) of that Act even if

(a) the time for making the application has previously expired, or

(b) the increase in rent has already taken effect.

15( 2) Despite subsection 11.1(2.03) of The Residential Tenancies Act, a residential tenancies officer who receives an application for a review of a notice referred to in subsection (1) shall ask the landlord to establish that the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.

15( 3) Despite subsection 11.1(2.04) of The Residential Tenancies Act, the residential tenancies officer shall set aside the notice if the landlord fails to establish to the satisfaction of the officer that the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.

15( 4) Despite subsection 11.1(2.05) of The Residential Tenancies Act, the residential tenancies officer shall confirm the notice if the landlord establishes to the satisfaction of the officer that the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.

15( 5) If the residential tenancies officer confirms a notice under subsection (4), the residential tenancies officer may act in accordance with subsection 11.1(2.06) of The Residential Tenancies Act.

15( 6) If the residential tenancies officer sets aside a notice under subsection (3) and the tenant has paid the increased rent, the landlord shall

(a) for a tenant who continues to occupy the premises,

( i) credit the overpayment against the first rent owing by the tenant after the date the officer sets aside the notice, up to the amount of the rent payable, and

( ii) credit against any rent that subsequently becomes owing the remaining portion of the overpayment that has not been credited against the first rent, if applicable, and

(b) for a tenant who no longer occupies the premises, reimburse the tenant the overpayment.

15( 7) If the residential tenancies officer confirms a notice under subsection (4) and acts under paragraph 11.1(2.06)(c) of The Residential Tenancies Act to spread the rent increase and the tenant has paid the increased rent, the landlord shall

(a) for a tenant who continues to occupy the premises,

( i) credit the overpayment against the first rent owing by the tenant after the date the officer confirms the notice, up to the amount of the rent payable, and

( ii) credit against any rent that subsequently becomes owing the remaining portion of the overpayment that has not been credited against the first rent, if applicable, and

(b) for a tenant who no longer occupies the premises, reimburse the tenant the overpayment.

Condominium Property Act

16 Subsection 53(3) of the Condominium Property Act, chapter C-16.05 of the Acts of New Brunswick, 2009, is amended by striking out “Standard Form of Lease prescribed by regulation” and substituting “Standard Form of Lease provided”.

Regulation under The Residential Tenancies Act

17 New Brunswick Regulation 82-218 under The Residential Tenancies Act is amended

(a) in section 4.1 by striking out “subsection 5(4) or 6(8)” and substituting “subsection 5(4) or 5.1(3)”;

(b) by repealing section 7;

(d) by repealing section 11.1 and substituting the following:

11.1 For the purposes of section 11.1 of the Act, the landlord shall not increase the rent unless the landlord gives the tenant at least six months notice.

(e) by adding after section 12 the following:

12.1 The amount for the value of chattels for the purposes of subsections 15(1.3), (3) and (4) of the Act is $500.

(f) by repealing section 13;

(g) in subsection 17.2(2) in the portion preceding paragraph (a) by striking out “paragraphs 11.1(2.06)(c) and 24.5(7)(c)” and substituting “paragraph 11.1(2.06)(c)”;

(h) by adding after section 17.2 the following:

17.3 For the purposes of subsection 24.13(2) of the Act, an application shall meet the following requirements:

(a) the landlord has all the necessary permits and approvals required by law;

(b) the landlord intends in good faith to renovate or repair the premises;

(d) the renovations or repairs are necessary to prolong or sustain the use of the premises or the building where the premises are located; and

(e) the only reasonable way to achieve the necessary vacancy is to terminate the tenancy.

(i) by repealing Form 3;

(j) in Form 4

( i) by striking out “ss. 5(4) and 6(8)” and substituting “s.5(4) and 5.1(3)”;

( ii) by striking out “the destruction of the premises or other cause. (Here describe the destruction or other cause.)” and substituting “the extensive damage to the premises or another reason. (Here describe the extensive damage or other reason.)”;

(k) by repealing Form 6.