BILL 77 – 2003
TENANCY STATUTES AMENDMENT ACT, 2003

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

 
Manufactured Home Park Tenancy Act

1 Section 1 of the Manufactured Home Park Tenancy Act, S.B.C. 2002, c. 77, is amended

(a) in paragraph (a) of the definition of "periodic tenancy" by striking out "one or both of the parties take steps to end it," and substituting "it is ended in accordance with this Act,",

(b) in the definition of "registered mail" by striking out "the Canada Post Office" and substituting "Canada Post", and

(c) by repealing the definition of "tenancy" and substituting the following:

"tenancy" means a tenant's right to possession of a manufactured home site under a tenancy agreement; .

2 Section 17 (1) is amended by striking out "liability of obligation" and substituting "liability or obligation".

3 Section 21 (1) is repealed and the following substituted:

(1) A landlord must not terminate or restrict a service or facility if

(a) the service or facility is essential to the tenant's use of the manufactured home site as a site for a manufactured home, or

(b) providing the service or facility is a material term of the tenancy agreement.

4 Section 24 (1) is amended by striking out "Except in accordance with an arbitrator's order, a landlord" and substituting "A landlord".

5 Section 26 is amended

(a) in subsection (1) (a) by adding "provide and" before "maintain", and

(b) by adding the following subsection:

(6) A landlord's obligations under subsection (1) (b) apply whether or not a tenant knew of a breach by the landlord of that subsection at the time of entering into the tenancy agreement.

6 Section 30 (b) is amended by striking out "access to the manufactured home site, common areas or services and facilities." and substituting "access to and within the manufactured home park."

7 Section 37 is amended

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

(e) the tenancy agreement is frustrated; , and

(b) by repealing subsection (2).

8 Section 39 (6) (a) is amended by striking out "but does not specify when those charges are to be paid".

9 Section 42 is amended in subsection (2) (a) by striking out "if the tenancy agreement is periodic," and by striking out "or" at the end of the paragraph and substituting "and".

10 Section 48 (1) is repealed and the following substituted:

(1) If a tenant applies for arbitration to dispute a landlord's notice to end a tenancy, the arbitrator must grant an order of possession of the manufactured home site if, at the time scheduled for the hearing,

(a) the landlord makes an oral request for an order of possession, and

(b) the arbitrator dismisses the tenant's application or upholds the landlord's notice.

11 Section 49 is amended

(a) in subsection (1) (a) by striking out "specified",

(b) in subsection (1) (b) by striking out ", in respect of the manufactured home site, that is effective on or after that date." and substituting "in respect of the manufactured home site.", and

(c) in subsection (2) by striking out "referred to in subsection (1)" and substituting "specifying the date on which the tenancy ends and the effective date of the order of possession".

12 Section 51 is amended

(a) in subsection (2) by striking out "or" at the end of paragraph (a), by adding ", or" at the end of paragraph (b) and by adding the following paragraph:

(c) the dispute is linked substantially to a matter that is before the Supreme Court. , and

(b) in subsection (4) (a) by striking out "subsection (2) (a)," and substituting "subsection (2) (a) or (c),".

13 Section 52 (3) is amended by adding "or within a different period specified by the arbitrator" after "filing the application".

14 Section 53 (3) is amended by striking out "heard." and substituting "concluded."

15 Section 58 (2) is amended by striking out ", in accordance with the applicable directive of the minister charged with the administration of the Financial Administration Act," and substituting ", in accordance with the regulations,".

16 Section 59 is repealed and the following substituted:

Arbitrator orders: changing time limits

59 (1) An arbitrator may extend a time limit established by this Act only in exceptional circumstances, other than as provided by section 52 (3) [starting arbitration proceedings] or 74 (4) [decision on application for review].

(2) Despite subsection (1), an arbitrator may extend the time limit established by section 39 (4) (a) [landlord's notice: non-payment of rent] for a tenant to pay overdue rent only in one of the following circumstances:

(a) the extension is agreed to by the landlord;

(b) the tenant has deducted the unpaid amount because the tenant believed that the deduction was allowed for emergency repairs or under an arbitrator's order.

(3) An arbitrator must not extend the time limit to apply for arbitration to dispute a notice to end a tenancy beyond the effective date of the notice.

17 Section 65 (1) is amended by adding "or 72 (3) (b) [application for review of arbitrator's decision]" after "section 52 (2) (c) [starting arbitration proceedings]".

18 Section 67 is amended by adding the following subsection:

(4) A party to an arbitration may be represented by an agent or a lawyer.

19 Section 71 is amended

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

(1) Subject to subsection (2), an arbitrator may, with or without a hearing,

(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.

(1.1) An arbitrator may take the steps described in subsection (1)

(a) on the arbitrator's own initiative, or

(b) at the request of a party, which request, for subsection (1) (b) and (c), must be made within 15 days after the decision or order is received. , and

(b) in subsection (2) by striking out "subsection (1)" and substituting "subsection (1.1) (b)".

20 Section 78 (1) (b) is repealed and the following substituted:

(b) the amount required to be paid under the decision or order, excluding interest and costs, or the value of the personal property is within the monetary limit for claims under the Small Claims Act.

21 Section 89 (2) is amended

(a) by repealing paragraph (g) and substituting the following:

(g) prescribing matters related to an assignment of a tenancy agreement or a sublease of a manufactured home site, including

(i) the process for obtaining the landlord's consent to an assignment or a sublease,

(ii) the procedures for determining whether that consent is given or withheld and related matters, and

(iii) the circumstances in which a landlord may withhold consent to an assignment or a sublease; , and

(b) in paragraph (p) by striking out everything after "section 36 (1) (a) [amount of rent increase]".

 
Residential Tenancy Act, S.B.C. 2002, c. 78

22 Section 1 of the Residential Tenancy Act, S.B.C. 2002, c. 78, is amended

(a) in paragraph (a) of the definition of "periodic tenancy" by striking out "one or both of the parties take steps to end it," and substituting "it is ended in accordance with this Act,",

(b) in the definition of "registered mail" by striking out "the Canada Post Office" and substituting "Canada Post",

(c) by repealing the definition of "residential property" and substituting the following:

"residential property" means

(a) a building, or related group of buildings, in which one or more rental units or common areas are located,

(b) the parcel or parcels on which the building, related group of buildings or common areas are located,

(c) the rental unit and common areas, and

(d) any other structure located on the parcel or parcels; , and

(d) by repealing the definition of "tenancy" and substituting the following:

"tenancy" means a tenant's right to possession of a rental unit under a tenancy agreement; .

23 Section 4 is amended

(a) by repealing paragraph (b) and substituting the following:

(b) living accommodation owned or operated by an educational institution and provided by that institution to its students or employees, , and

(b) in paragraph (c) by striking out "landlord," and substituting "owner of that accommodation,".

24 Section 18 is amended

(a) in subsection (1) (a) and (b) by striking out "in the rental unit" and substituting "on the residential property", and

(b) in subsection (2) by striking out "in a rental unit" and substituting "on the residential property".

25 Section 20 is amended

(a) in paragraphs (a) and (c) by striking out "or accept", and

(b) in paragraphs (c) and (d) by striking out "in the rental unit" and substituting "on the residential property".

26 Section 23 is repealed and the following substituted:

Condition inspection: start of tenancy or new pet

23 (1) The landlord and tenant together must inspect the condition of the rental unit on the day the tenant is entitled to possession of the rental unit or on another mutually agreed day.

(2) The landlord and tenant together must inspect the condition of the rental unit on or before the day the tenant starts keeping a pet or on another mutually agreed day, if

(a) the landlord permits the tenant to keep a pet on the residential property after the start of a tenancy, and

(b) a previous inspection was not completed under subsection (1).

(3) The landlord must offer the tenant at least 2 opportunities, as prescribed, for the inspection.

(4) The landlord must complete a condition inspection report in accordance with the regulations.

(5) Both the landlord and tenant must sign the condition inspection report and the landlord must give the tenant a copy of that report in accordance with the regulations.

(6) The landlord must make the inspection and complete and sign the report without the tenant if

(a) the landlord has complied with subsection (3), and

(b) the tenant does not participate on either occasion.

27 Section 24 is repealed and the following substituted:

Consequences for tenant and landlord if report requirements not met

24 (1) The right of a tenant to the return of a security deposit or a pet damage deposit, or both, is extinguished if

(a) the landlord has complied with section 23 (3) [2 opportunities for inspection], 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, for damage to residential property is extinguished if the landlord

(a) does not comply with section 23 (3) [2 opportunities for inspection],

(b) having complied with section 23 (3), does not participate on either occasion, or

(c) does not complete the condition inspection report and give the tenant a copy of it in accordance with the regulations.

28 Section 27 (1) is repealed and the following substituted:

(1) A landlord must not terminate or restrict a service or facility if

(a) the service or facility is essential to the tenant's use of the rental unit as living accommodation, or

(b) providing the service or facility is a material term of the tenancy agreement.

29 Section 30 (1) is amended by striking out "Except in accordance with an arbitrator's order, a landlord" and substituting "A landlord".

30 Section 31 is amended by adding the following subsection:

(1.1) A landlord must not change locks or other means of access to a rental unit unless

(a) the tenant agrees to the change, and

(b) the landlord provides the tenant with new keys or other means of access to the rental unit.

31 Section 32 is amended by adding the following subsection:

(5) A landlord's obligations under subsection (1) (a) apply whether or not a tenant knew of a breach by the landlord of that subsection at the time of entering into the tenancy agreement.

32 Section 35 is repealed and the following substituted:

Condition inspection: end of tenancy

35 (1) The landlord and tenant together must inspect the condition of the rental unit before a new tenant begins to occupy the rental unit

(a) on or after the day the tenant ceases to occupy the rental unit, or

(b) on another mutually agreed day.

(2) The landlord must offer the tenant at least 2 opportunities, as prescribed, for the inspection.

(3) The landlord must complete a condition inspection report in accordance with the regulations.

(4) Both the landlord and tenant must sign the condition inspection report and the landlord must give the tenant a copy of that report in accordance with the regulations.

(5) The landlord may make the inspection and complete and sign the report without the tenant if

(a) the landlord has complied with subsection (2) and the tenant does not participate on either occasion, or

(b) the tenant has abandoned the rental unit.

33 Section 36 is repealed and the following substituted:

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, is extinguished if

(a) the landlord complied with section 35 (2) [2 opportunities for inspection], and

(b) the tenant has not participated on either occasion.

(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, for damage to residential property is extinguished if the landlord

(a) does not comply with section 35 (2) [2 opportunities for inspection],

(b) having complied with section 35 (2), does not participate on either occasion, or

(c) having made an inspection with the tenant, does not complete the condition inspection report and give the tenant a copy of it in accordance with the regulations.

34 Section 37 (2) (b) is amended by striking out "access to the rental unit, common areas or services or facilities." and substituting "access to and within the residential property."

35 Section 38 is amended

(a) in subsection (1) (b) by adding "in writing" after "address",

(b) in subsection (1) (c) by adding ", as provided in subsection (8)," after "repay", and

(c) by adding the following subsections:

(7) If a landlord is entitled to retain an amount under subsection (3) or (4), a pet damage deposit may be used only for damage caused by a pet to the residential property, unless the tenant agrees otherwise.

(8) For the purposes of subsection (1) (c), the landlord must use a service method described in section 88 (c), (d) or (f) [service of documents] or give the deposit personally to the tenant.

36 Section 39 is amended

(a) by adding "in writing" after "address", and

(b) in paragraph (a) by striking out "as applicable,".

37 Section 44 is amended

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

(e) the tenancy agreement is frustrated; , and

(b) by repealing subsection (2).

38 Section 46 (6) (a) is amended by striking out "but does not specify when those charges are to be paid".

39 Section 55 (1) is repealed and the following substituted:

(1) If a tenant applies for arbitration to dispute a landlord's notice to end a tenancy, the arbitrator must grant an order of possession of the rental unit if, at the time scheduled for the hearing,

(a) the landlord makes an oral request for an order of possession, and

(b) the arbitrator dismisses the tenant's application or upholds the landlord's notice.

40 Section 56 is amended

(a) in subsection (1) (a) by striking out "specified",

(b) in subsection (1) (b) by striking out ", in respect of the rental unit, that is effective on or after that date." and substituting "in respect of the rental unit.", and

(c) in subsection (2) by striking out "referred to in subsection (1)" and substituting "specifying the date on which the tenancy ends and the effective date of the order of possession".

41 Section 58 is amended

(a) in subsection (2) by striking out "or" at the end of paragraph (a), by adding ", or" at the end of paragraph (b) and by adding the following paragraph:

(c) the dispute is linked substantially to a matter that is before the Supreme Court. , and

(b) in subsection (4) (a) by striking out "subsection (2) (a)," and substituting "subsection (2) (a) or (c),".

42 Section 59 is amended

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

(3) Except for an application made under subsection (6), 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, or within a different period specified by the arbitrator. , and

(b) by adding the following subsection:

(6) An individual occupying a room in a residential hotel may apply to an arbitrator, without notice to any other party, for an interim order that this Act applies to that living accommodation.

43 Section 60 (3) is amended by striking out "heard" and substituting "concluded".

44 Section 62 (3) is amended by adding "and an order that this Act applies" after "tenancy agreement".

45 Section 65 (2) is amended by striking out ", in accordance with the applicable directive of the minister charged with the administration of the Financial Administration Act," and substituting ", in accordance with the regulations,".

46 Section 66 is repealed and the following substituted:

Arbitrator orders: changing time limits

66 (1) An arbitrator may extend a time limit established by this Act only in exceptional circumstances, other than as provided by section 59 (3) [starting arbitration proceedings] or 81 (4) [decision on application for review].

(2) Despite subsection (1), an arbitrator may extend the time limit established by section 46 (4) (a) [landlord's notice: non-payment of rent] for a tenant to pay overdue rent only in one of the following circumstances:

(a) the extension is agreed to by the landlord;

(b) the tenant has deducted the unpaid amount because the tenant believed that the deduction was allowed for emergency repairs or under an arbitrator's order.

(3) An arbitrator must not extend the time limit to apply for arbitration to dispute a notice to end a tenancy beyond the effective date of the notice.

47 Section 72 (1) is amended by adding "or 79 (3) (b) [application for review of arbitrator's decision]" after "section 59 (2) (c) [starting arbitration proceedings]".

48 Section 74 is amended by adding the following subsection:

(4) A party to an arbitration may be represented by an agent or a lawyer.

49 Section 78 is amended

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

(1) Subject to subsection (2), an arbitrator may, with or without a hearing,

(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.

(1.1) An arbitrator may take the steps described in subsection (1)

(a) on the arbitrator's own initiative, or

(b) at the request of a party, which request, for subsection (1) (b) and (c), must be made within 15 days after the decision or order is received. , and

(b) in subsection (2) by striking out "subsection (1)" and substituting "subsection (1.1) (b)".

50 Section 85 (1) (b) is repealed and the following substituted:

(b) the amount required to be paid under the decision or order, excluding interest and costs, or the value of the personal property is within the monetary limit for claims under the Small Claims Act.

51 Section 95 (1) (h) is amended by striking out "section 31 (1)" and substituting "section 31 (1) or (1.1)".

52 Section 97 (2) is amended

(a) by repealing paragraph (h) and substituting the following:

(h) prescribing the following regarding inspections required under sections 23 [condition inspection: start of tenancy] and 35 [condition inspection: end of tenancy]:

(i) the procedures to be followed in conducting the inspection;

(ii) the form, content, completion requirements and use as evidence of a condition inspection report;

(iii) the scheduling, and notification to the tenant, of the inspection;

(iv) the procedures to be followed in providing the condition inspection report to the tenant; , and

(b) in paragraph (n) by striking out everything after "section 43 (1) (a) [amount of rent increase]".

53 Section 100 (2) is amended

(a) by striking out "in the rental unit" and substituting "on the residential property", and

(b) by striking out "sections 23 (2) to (5)" and substituting "sections 23 (2) to (6)".

54 Section 110 is amended as it amends section 25 (2) (b) of the Manufactured Home Act, R.S.B.C. 1996, c. 280, by striking out "section 45" and substituting "section 46".

55 Section 111 is amended as it amends section 34 (1) (b) and (2) (a) of the Manufactured Home Act by striking out "section 45" and substituting "section 46".

56 Section 116 is amended as it amends sections 137 and 138 (1) of the Strata Property Act, S.B.C. 1998, c. 43, by striking out "section 35 (1)" and substituting "section 36 (1)".