Part 5
The Provincial Court
48 Jurisdiction
49 Application
of Provincial Court Act
50 Commencement
of application
51 Notice
of application
52 Hearing
of application
53 Appeal
54 Enforcement
of order
Part 5.1
Residential Tenancy Dispute
Resolution Service
54.1 Definitions
54.2 Right
to apply to Dispute Resolution Service
54.3 Effect of application to Dispute
Resolution Service
54.4 Review before filing with a court
54.5 Authority of Dispute Resolution Service
54.6 Application, proceedings and decision to
be in accordance with regulations
54.7 Regulations
54.8 Application of this Part
Part 6
General
55 Appointment
of Director
56 Delegation
57 Service
of notices, etc.
58 Satisfaction
of service requirement
59 Landlord
and Tenant Advisory Boards
60 Offences
and penalties
61 Limitation
period
62 Authorized
person
63 Identification
64 Inspection
65 Order
compelling assistance in inspections
66 Investigation
67 Order
compelling assistance in investigations
68 Lieutenant
Governor in Council regulations
69 Subsidized
public housing regulations
70 Ministerial
regulations
71 Application
to Court of Queen’s Bench
Part 7
Transitional Provisions, Repeal and
Coming into Force
72 Transitional
73,74 Repeal
75 Coming
into force
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Interpretation
1(1) In this Act,
(a) “common
areas” means areas controlled by a landlord and used for access to residential
premises or for the service or enjoyment of tenants;
(b) “council”
means
(i) the
council of a city, town, village, municipal district or Metis settlement,
(ii) in
the case of an improvement district, the Minister determined under section 16
of the Government Organization Act as the Minister responsible for the Municipal
Government Act, or
(iii) in
the case of a special area, the Minister determined under section 16 of the Government
Organization Act as the Minister responsible for the Special Areas Act;
(c) “court”
means
(i) the
Provincial Court, or
(ii) the
Court of Queen’s Bench;
(d) “Director”
means the Director of Residential Tenancies appointed under section 55;
(e) “fixed
term tenancy” means a tenancy under a residential tenancy agreement for a term
that ends on a day specified in the agreement;
(f) “landlord”
means
(i) the
owner of the residential premises,
(ii) a
property manager who acts as agent for the owner of the residential premises
and any other person who, as agent for the owner, permits the occupation of the
residential premises under a residential tenancy agreement,
(iii) the
heirs, assigns, personal representatives and successors in title of the owner of
the residential premises, and
(iv) a
person who is entitled to possession of the residential premises, other than a
tenant, and who attempts to enforce any of the rights of a landlord under a
residential tenancy agreement or this Act;
(g) “Minister”
means the Minister determined under section 16 of the Government
Organization Act as the Minister responsible for this Act;
(h) “overholding
tenant” means a person who was a tenant of premises and who does not vacate the
premises after the tenancy has expired or been terminated;
(i) “periodic
tenancy” means
(i) a
tenancy under a residential tenancy agreement that is renewed or continued
without notice,
(ii) with
respect to a fixed term tenancy that contains a provision allowing for renewal
or continuation of the tenancy without notice, that part of the tenancy that
arises after the end of the fixed term tenancy, and
(iii) with
respect to a fixed term tenancy that does not contain a provision referred to
in subclause (ii), the part of the tenancy that arises after the end of the
fixed term tenancy, where the landlord and tenant by their conduct expressly or
impliedly indicate that they intend that the tenancy be renewed or continued
after the end of the fixed term tenancy;
(j) “prescribed”
means prescribed by regulation;
(k) “rent”
means the consideration to be paid by a tenant to a landlord under a
residential tenancy agreement, but does not include a security deposit;
(l) “residential
premises” means any place occupied by an individual as a residence;
(m) “residential
tenancy agreement” means a written, oral or implied agreement to rent
residential premises;
(n) “security
deposit” means any money, property or right paid or given by a tenant of
residential premises to a landlord
(i) to
be held by or for the landlord as security for the performance of an obligation
or the payment of a liability by the tenant, or
(ii) to
be returned to the tenant on the happening of a condition;
(o) “subsidized
public housing” means residential premises rented to a tenant of low income who
pays rent that is
(i) reduced
by reason of public funding provided by the government of Canada or Alberta or
a municipality, or by their agents, under the National Housing Act
(Canada) or the Alberta Housing Act or its predecessor, and
(ii) determined
by the tenant’s income;
(p) “substantial
breach” means
(i) on
the part of a tenant, a breach of a covenant specified in section 21 or a
series of breaches of a residential tenancy agreement, the cumulative effect of
which is substantial, and
(ii) on
the part of a landlord, a breach of a covenant specified in section 16(c);
(q) “tenancy
month” means the period on which a monthly periodic tenancy is based whether or
not it is a calendar month, and the month begins on the day rent is payable
unless another date is specified in the residential tenancy agreement;
(r) “tenancy
week” means the period on which a weekly periodic tenancy is based whether or
not it is a calendar week, and the week begins on the day rent is payable
unless another date is specified in the residential tenancy agreement;
(s) “tenancy
year” means the period on which a yearly periodic tenancy is based whether or
not it is a calendar year, and the year begins on the day, or the anniversary
of the day, on which the tenant first becomes entitled to possession unless
another day is specified in the residential tenancy agreement;
(t) “tenant”
means
(i) a
person who is permitted by the landlord to occupy residential premises under a
residential tenancy agreement,
(ii) a
person who is permitted to occupy residential premises under an assignment or
sublease of a residential tenancy agreement to which the landlord has consented
under section 22, and
(iii) an
heir, assign or personal representative of a person referred to in subclause
(i) or (ii).
(2) A reference to “tenant” in the
following provisions includes a person who was a tenant of premises whose
tenancy has expired or been terminated and who has vacated the premises:
section 1(1)(n);
section 19(2), (3);
section 25(b);
section 31;
section 37;
section 41;
section 44(5)(a);
section 46;
section 60(3), (5);
section 70(1)(h).
(3) For the purposes of this Act, unless
the landlord and the tenant agree otherwise, the tenant is considered to have
taken possession of the residential premises when
(a) the
tenant has paid the required security deposit and fees, if any, and the rent
required at the beginning of the tenancy, and
(b) the
landlord, being in lawful possession of the residential premises, has given the
keys to the residential premises to the tenant for the purpose of the tenant’s
occupying the residential premises under the residential tenancy agreement.
(4) Where, before the end of the
residential tenancy agreement, the tenant has paid the rent to the end of the
tenancy but has not turned in the keys to the residential premises, the tenant
shall not be considered to have given up possession of the residential premises
unless
(a) the
landlord and the tenant agree that the tenant has given up possession, or
(b) the
landlord reasonably believes that the tenant has repudiated the residential
tenancy agreement or has abandoned the residential premises.
2004 cR‑17.1
s1;2007 c11 s1
Application
2(1) Subject to subsection (2), this Act applies only to
tenancies of residential premises.
(2) This Act does not apply to
(a) a
mobile home site as defined in the Mobile Home Sites Tenancies Act,
(b) premises
occupied for business purposes with living accommodation attached and rented
under a single agreement,
(c) rooms
in the living quarters of the landlord, if the landlord actually resides in
those quarters,
(d) a
hotel, motel, motor hotel, resort, lodge or tourist camp, a cottage or cabin
located in a campground, or a trailer park, tourist home, bed and breakfast
establishment or farm vacation home, if a person resides there for less than 6
consecutive months,
(e) a
tenancy agreement between an educational institution as landlord and a student
of that institution as tenant if the tenant does not have exclusive possession
of a self‑contained dwelling unit,
(f) a
nursing home as defined in the Nursing Homes Act,
(g) lodge
accommodation as defined in the Alberta Housing Act that is operated
(i) by
a management body under a ministerial order under section 5 of that Act, or
(ii) under
an agreement with the Minister responsible for that Act,
(h) a
social care facility licensed under the Social Care Facilities Licensing Act,
(i) a
correctional institution, or
(j) any
other prescribed premises.
Act prevails
3(1) Any waiver or release by a tenant of the rights, benefits or
protections under this Act is void.
(2) If a residential tenancy agreement
is in writing, the agreement must contain the following statement in print
larger than the other print in the agreement:
The tenancy
created by this agreement is governed by the Residential Tenancies Act
and if there is a conflict between this agreement and the Act, the Act
prevails.
Relationship to other
Acts
3.1 Notwithstanding anything in this
Act, if an order is made pursuant to the Safer Communities and
Neighbourhoods Act that terminates a residential tenancy or entitles a
landlord to possession of residential premises, the tenancy terminates and the
landlord regains possession in accordance with the order.
2007 cS‑0.5 s66
Crown is bound
4 The Crown in right of Alberta
is bound by this Act.
Part 1
Periodic Tenancies
Notice of termination
of periodic tenancy
5(1) A weekly, monthly or yearly tenancy may be terminated by
either the landlord or the tenant on notice to the other.
(2) The notice
(a) must
be served in sufficient time to give the period of notice required by section
7, 8, 9, 11 or 12, as the case may be, and
(b) must
meet the requirements of section 10.
(3) A tenancy not referred to in
subsection (1) that is terminable on notice must, unless otherwise agreed, be
terminated as provided by section 10 and the notice must be served on the
landlord or tenant, as the case may be.
(4) If a periodic tenancy of residential
premises is for a period of more than one week but less than one year, that
tenancy is, for the purposes of terminating the tenancy, deemed to be a monthly
tenancy.
(5) A period of notice required by section 7, 8, 9,
11 or 12 may be modified by a regulation made under section 70(1)(c.1).
2004 cR‑17.1 s5;2007
c11 s1
Termination by landlord
6(1) A notice under this Part from a landlord to a tenant to
terminate a periodic tenancy is of no effect unless the termination is for one
or more of the prescribed reasons or for the reasons set out in section 11 or
12.
(2) A landlord who gives a notice under
this Part to a tenant to terminate a periodic tenancy for one or more of the
prescribed reasons or for the reasons set out in section 12 contravenes this
Act if the tenant vacates the premises and the landlord does not use the
premises for the reasons set out in the notice within a reasonable time after
the termination date set out in the notice.
Notice to terminate
weekly tenancy
7 A notice to terminate a weekly
tenancy given by a landlord or tenant must be served on the other party on or
before the first day of the tenancy week to be effective on the last day of
that tenancy week.
Notice to terminate
monthly tenancy
8(1) A notice to terminate a monthly tenancy must be served
(a) by
a tenant on the tenant’s landlord, on or before the first day of a tenancy
month to be effective on the last day of that tenancy month, or
(b) by
a landlord on the landlord’s tenant, on or before the first day of a notice
period to be effective on the last day of the notice period.
(2) In this section and section
10(2)(b), “notice period” means a period of 3 consecutive tenancy months.
Notice to terminate
yearly tenancy
9 A notice to terminate a yearly
tenancy must be served
(a) by
a tenant on the tenant’s landlord, on or before the 60th day before the last
day of a tenancy year, or
(b) by
a landlord on the landlord’s tenant, on or before the 90th day before the last
day of a tenancy year,
to be effective on the
last day of the tenancy year.
Form of notice
10(1) A notice to terminate a tenancy must
(a) be
in writing,
(b) be
signed by the person giving the notice or the person’s agent,
(c) in
the case of a landlord terminating the tenancy, set out the reasons for which
the tenancy is being terminated,
(d) identify
the premises in respect of which the notice is served, and
(e) state
the date on which the tenancy is to terminate.
(2) If a notice to terminate a weekly,
monthly or yearly tenancy is not served in sufficient time to give the period
of notice required by section 7, 8 or 9, as the case may be, the notice is
still effective to terminate
(a) the
weekly tenancy on the last day of the first complete tenancy week following the
date on which the notice is served,
(b) the
monthly tenancy
(i) if
the notice is served by a tenant on the tenant’s landlord, on the last day of
the first complete tenancy month following the date on which the notice is
served, or
(ii) if
the notice is served by a landlord on the landlord’s tenant, on the last day of
the first complete notice period following the date on which the notice is
served,
or
(c) the
yearly tenancy
(i) if
the notice is served before the end of the tenancy year by a tenant on the
tenant’s landlord, 60 days from the date on which the notice is served, or
(ii) if
the notice is served before the end of the tenancy year by a landlord on the
landlord’s tenant, 90 days from the date on which the notice is served.
(3) Subsection (2) does not apply to a
notice to terminate under section 11 or 12.
Notice to terminate tenancy
of employee
11 If a periodic tenancy of
residential premises has been entered into by reason of the tenant’s employment
by the landlord and that employment is terminated, either the landlord or the
tenant may terminate the tenancy by serving notice on the other party in
sufficient time to provide a period of notice of termination of the tenancy
that is
(a) a
period equal to
(i) the
period of notice of termination of employment required under any law in force
in Alberta that is applicable to the tenant’s employment,
(ii) the
period of notice of termination of employment agreed on by the landlord and the
tenant, or
(iii) one
week,
whichever
is longest, or
(b) a
period prescribed in or determined in accordance with the regulations.
Notice to terminate for
condominium conversion
12(1) In this section,
(a) “condominium
plan” means a condominium plan as defined in the Condominium Property Act;
(b) “condominium
unit” means a unit as defined in the Condominium Property Act.
(2) If after the commencement of a
periodic tenancy of residential premises
(a) a
condominium plan that includes or is proposed to include those residential
premises is registered or is proposed to be registered in the land titles
office, and
(b) termination
of that tenancy is sought for the purpose of obtaining vacant possession of the
residential premises in order that the residential premises or any part of them
may be sold as a condominium unit or as part of a condominium unit,
the landlord may
terminate that tenancy by serving a notice of termination on the tenant at
least 180 days before the day named in the notice for the termination of the
residential tenancy agreement.
(3) Notwithstanding subsection (2), if
the residential tenancy agreement is terminated by the tenant before the day
specified in the notice, the landlord may rent the premises to another tenant
for the period remaining until the day specified in the notice, if the landlord
gives that tenant notice of the termination date before entering into the
residential tenancy agreement.
Implied periodic tenancy
13 When a periodic tenancy is
implied by operation of law after the expiration or termination of a prior
fixed term tenancy, the implied tenancy, in the absence of facts showing a
contrary intention, is
(a) if
the prior tenancy was for a fixed term of one month or more, a monthly tenancy,
or
(b) if
the prior tenancy was for a fixed term of less than one month, a weekly
tenancy.
Notice of increase in
rent
14(1) A landlord shall not increase the rent payable under a
residential tenancy agreement or recover any additional rent resulting from an
increase unless the landlord serves on the tenant a written notice of the
increase in rent
(a) in
respect of a weekly tenancy, at least 12 tenancy weeks,
(b) in
respect of a monthly tenancy, at least 3 tenancy months, and
(c) in
respect of any other periodic tenancy, at least 90 days,
before the date on
which the increase is to be effective.
(2) A notice under this section must
indicate the date on which the increase is to be effective and must be dated
and signed by the landlord.
(3) If the residential tenancy agreement
provides for a period of notice longer than the period specified in subsection
(1), the landlord must give at least that longer period of notice before
increasing the rent payable or recovering any additional rent resulting from
the increase.
(4) A landlord shall not increase the
rent payable under a residential tenancy agreement or recover any additional
rent resulting from an increase unless the prescribed amount of time has
passed, which shall not be less than 1 year.
(5) A tenant under a periodic tenancy
who receives a notice under this section and who fails to give to the landlord
notice of termination effective on or before the date the rent increase is to
be effective is deemed to have agreed to the increase in rent.
(6) A notice of increase in rent that
does not comply with or is not given in accordance with this section is void.
(7) A tenant who pays increased rent
pursuant to a notice of increase in rent that does not comply with or is not
given in accordance with this section may recover the amount by which the rent
was increased in an action in debt.
(8) A period of notice required by this
section may be modified by a regulation made under section 70(1)(c.1).
2004 cR‑17.1
s14;2007 c11 s1
Part 2
Obligations of Landlords
and Tenants
Notice to terminate not
required
15 Notwithstanding any agreement
to the contrary, notice to terminate is not required in order to terminate a
fixed term tenancy.
Landlord’s covenants
16 The following covenants of the
landlord form part of every residential tenancy agreement:
(a) that
the premises will be available for occupation by the tenant at the beginning of
the tenancy;
(b) that,
subject to section 23, neither the landlord nor a person having a claim to the
premises under the landlord will in any significant manner disturb the tenant’s
possession or peaceful enjoyment of the premises;
(c) that
the premises will meet at least the minimum standards prescribed for housing
premises under the Public Health Act and regulations.
Copy of agreement for
tenant
17(1) If a residential tenancy agreement is in writing and the
tenant has signed and returned the written residential tenancy agreement to the
landlord, the landlord shall, within 21 days after the written residential
tenancy agreement is returned to the landlord, serve on the tenant a copy of
the written residential tenancy agreement signed by the landlord.
(2) A tenant may withhold payment of
rent until the tenant is served with a copy of the residential tenancy
agreement under subsection (1).
Notice of landlord
18(1) In this section, “notice of landlord” means a written notice
that is dated and signed by the landlord and sets out the name of one of the
persons who falls within the definition of landlord and a postal address and
physical location in Alberta for that person.
(2) When a tenant enters into a
residential tenancy agreement with a landlord, the landlord shall serve the
tenant with a notice of landlord within 7 days after the day on which the
tenant takes possession of the residential premises.
(3) A landlord of residential premises
that are contained in a building or complex with common areas may, instead of
complying with subsection (2), post the notice of landlord in a conspicuous
place in a common area.
(4) If the information in the notice of
landlord changes, the landlord shall forthwith serve the tenant with a new
notice with the current information or, if the landlord has posted the notice
under subsection (3), forthwith post a new notice with the current information.
(5) The landlord who posts a notice of
landlord under this section shall take all reasonable steps to ensure that it
remains posted.
Inspection report
19(1) A landlord and tenant shall inspect the residential premises
within one week before or after a tenant takes possession of the residential
premises, and the landlord shall, forthwith on completion of the inspection,
provide the tenant with a report of the inspection that describes the condition
of the premises.
(2) A landlord and tenant shall inspect
the residential premises within one week before or after the tenant gives up
possession of the residential premises and the landlord shall, forthwith on
completion of the inspection, provide the tenant with a report of the
inspection that describes the condition of the premises.
(3) A landlord may complete the
inspection without the tenant if the landlord proposes 2 inspections to take
place
(a) on
different days,
(b) on
days that are not holidays, and
(c) between
8 a.m. and 8 p.m.,
and no adult person
who falls within the definition of tenant agrees to take part.
(4) For the purposes of subsection (3)
the landlord may propose alternative inspection times, with the inspection to
take place on the 2nd date and time if it does not proceed on the first date
and time.
(5) A report must contain the prescribed
statements and be signed in accordance with the regulations.
(6) A landlord shall
(a) keep
a copy of an inspection report prepared under this section for at least 3 years
after the termination of the tenancy, and
(b) make
the inspection report available for inspection by the Director or an authorized
person for the purposes of an inspection or investigation under Part 6.
Time of expiration or
termination
20(1) Unless the landlord and tenant agree on a different time, a
tenancy that expires or is terminated ends at 12 noon on the last day of the
tenancy.
(2) This section does not apply to a
tenancy terminated by notice under section 30.
Tenant’s covenants
21 The following covenants of the
tenant form part of every residential tenancy agreement:
(a) that
the rent will be paid when due;
(b) that
the tenant will not in any significant manner interfere with the rights of
either the landlord or other tenants in the premises, the common areas or the
property of which they form a part;
(c) that
the tenant will not perform illegal acts or carry on an illegal trade, business
or occupation in the premises, the common areas or the property of which they
form a part;
(d) that
the tenant will not endanger persons or property in the premises, the common
areas or the property of which they form a part;
(e) that
the tenant will not do or permit significant damage to the premises, the common
areas or the property of which they form a part;
(f) that
the tenant will maintain the premises and any property rented with it in a
reasonably clean condition;
(g) that
the tenant will vacate the premises at the expiration or termination of the
tenancy.
Assignment and sublease
22(1) Subject to subsection (4), no assignment or sublease of a
residential tenancy agreement by a tenant is valid without the written consent
of the landlord.
(2) A landlord shall not refuse consent
to an assignment or sublease unless there are reasonable grounds for the
refusal.
(3) When
(a) the
Banff Housing Corporation is the landlord under a residential tenancy
agreement,
(b) the
tenant under that agreement is a person other than the Crown, and
(c) that
agreement has a fixed term of 25 or more years,
the only grounds on
which the Banff Housing Corporation may refuse to give its consent to an
assignment or sublease are those set out in the regulations.
(4) If a landlord does not respond to a
request for a consent within 14 days after receiving the request, the landlord
is deemed to have given consent.
(5) A landlord who refuses to give
consent shall provide the tenant who requested consent with written reasons for
the refusal.
(6) A landlord shall not charge a fee or
other consideration for giving consent to an assignment or sublease.
Entry of premises
23(1) Except as otherwise permitted in this section, no landlord
shall enter residential premises rented by the landlord without the consent of
the tenant or of an adult person lawfully on the premises.
(2) A landlord is entitled to enter
residential premises rented by the landlord without consent or notice if the
landlord has reasonable grounds to believe that
(a) an
emergency requires the landlord to enter the premises, or
(b) the
tenant has abandoned the premises.
(3) Subject to subsection (4), a
landlord is entitled to enter residential premises rented by the landlord
without consent but after notice to the tenant
(a) to
inspect the state of repair of the premises,
(b) to
make repairs to the premises,
(c) to
take necessary steps to control pests in the premises to ensure that the
premises meet standards in that regard that are required under any law in force
in Alberta,
(d) for
the purpose of showing the premises, whether directly or through a real estate
broker, to prospective purchasers or mortgagees of the premises, or
(e) to
show the premises to prospective tenants after a landlord or tenant has served
notice of termination of a periodic tenancy or during the last month of a fixed
term tenancy.
(4) A landlord is not entitled to enter
residential premises under subsection (3) unless
(a) the
notice is served on the tenant at least 24 hours before the time of entry,
(b) the
entry is made on a day that is not
(i) a
holiday, except that the landlord may enter on a Sunday if the tenant’s day of
religious worship is not a Sunday and the tenant has provided the landlord with
a written notice of that day, or
(ii) the
tenant’s day of religious worship if that day is not a Sunday and the tenant
has provided the landlord with a written notice of that day,
and
(c) the
entry is between 8 a.m. and 8 p.m.
(5) A notice under subsection (3) must
(a) be
in writing,
(b) be
signed by the landlord or the landlord’s agent,
(c) state
the reason for the entry, and
(d) name
a date and time of entry that comply with subsection (4).
(6) The date and time of entry referred
to in subsection (5)(d) may be expressed as a period of time of reasonable
duration, which must begin and end at specified times.
Locks and security
devices
24(1) Neither a tenant nor a landlord shall add to or change locks
on doors giving access to residential premises or to the property of which the
residential premises form a part without the consent of the other party.
(2) Notwithstanding subsection (1), a
landlord may add to or change locks on doors giving access to residential
premises or to the property of which the residential premises form a part if a
key is made available to the tenant as soon as the addition or change is made.
(3) Subsection (1) does not apply to the
installation by a tenant of a security device that
(a) is
capable of being put into effect only while a person is inside the residential
premises, and
(b) can
be installed and removed without damage to the premises or will remain affixed
to the premises and become the property of the landlord when the tenancy is
terminated.
(4) Where a tenant adds to or changes a
lock in accordance with subsection (1) the tenant shall make a key available to
the landlord as soon as the addition or change is made.
Prohibition re
termination of tenancy
25 No landlord shall
(a) terminate
a tenancy, or
(b) take
any kind of retaliatory action against a tenant including, without limitation,
the imposition of a financial penalty,
by reason only of the
tenant’s having made an application, filed a statement, made a complaint,
assisted in an investigation or inquiry or given evidence at a hearing under
this Act or the Public Health Act.
Part 3
Remedies of Landlords and Tenants
Landlord’s remedies
26(1) If a tenant commits a breach of a residential tenancy
agreement, the landlord may apply to a court for one or more of the following
remedies:
(a) where
the breach consists of non‑payment of rent, recovery of arrears of rent;
(b) where
the breach consists of failing to give up possession of the residential
premises,
(i) recovery
of possession of the premises from the overholding tenant, and
(ii) recovery
of compensation for the use and occupation of the premises by the overholding
tenant;
(c) where
the breach is a substantial breach, termination of the tenancy;
(d) recovery
of damages resulting from the breach.
(2) An application under subsection (1)
must be supported by an affidavit setting out the following:
(a) if
a claim is made for the recovery of arrears of rent, the amount of rent in
arrears and the time during which it has been in arrears;
(b) if
a claim is made for the recovery of damages resulting from a breach of the
residential tenancy agreement, the details of the breach and the amount of
damages claimed;
(c) if
a claim is made for the recovery of compensation for the use and occupation of
premises by an overholding tenant,
(i) the
date of the expiration of the tenancy or, if the tenancy was terminated, the
method of termination and the effective date of the termination,
(ii) the
reasons for the tenant’s failure to vacate the premises, to the extent known,
(iii) the
nature of the use and occupation by the overholding tenant, to the extent
known,
(iv) the
rent payable under the prior tenancy agreement, and
(v) the
amount of compensation claimed;
(d) if
a claim is made for the recovery of possession of the premises from an
overholding tenant,
(i) the
date of the expiration of the tenancy or, if the tenancy was terminated, the
method of termination and the effective date of the termination, and
(ii) the
reasons for the tenant’s failure to vacate the premises, to the extent known;
(e) if
a claim is made for the termination of the tenancy by reason of a substantial
breach of the tenancy agreement, the details of the breach and the requested
termination date.
Repudiation of tenancy
27(1) If a tenant by abandonment of the residential premises or
otherwise gives the landlord reasonable grounds to believe that the tenant has
repudiated the residential tenancy agreement, the landlord may either
(a) accept
the repudiation as a termination of the tenancy, or
(b) refuse
to accept the repudiation and continue the tenancy.
(2) In the case of a periodic tenancy,
for the purposes of subsections (3) and (7), the tenant’s acts of repudiation
constitute a proper notice effective to terminate the tenancy on the earliest
date that the tenant could have terminated the tenancy under this Act.
(3) A landlord who accepts the
repudiation as a termination of the tenancy may recover
(a) damages
resulting from a breach of the residential tenancy agreement prior to the
repudiation, and
(b) damages
for the loss of the benefit of the residential tenancy agreement
(i) in
the case of fixed term tenancy, until it would have expired had the landlord
not accepted the repudiation, or
(ii) in
the case of a periodic tenancy, until the termination date.
(4) Notwithstanding subsection (3)(b), a
landlord shall make reasonable efforts to mitigate the damages for the loss of
the benefits of the residential tenancy agreement.
(5) A landlord who refuses to accept the
repudiation and elects to continue the tenancy shall make reasonable efforts to
mitigate the tenant’s liability for rent under the residential tenancy
agreement.
(6) A landlord who rents the premises to
a new tenant in order to mitigate a tenant’s liability for rent under a
residential tenancy agreement
(a) is
deemed to have accepted the repudiation of the landlord’s previous tenant as
terminating that tenancy at the time the new tenancy commences, and
(b) may
recover damages in the same manner as if the landlord had accepted the tenant’s
repudiation of the residential tenancy agreement.
(7) Subject to subsection (5), a
landlord who refuses to accept the repudiation and elects to continue the
tenancy may, so long as the landlord has not rented the premises to a new
tenant, recover rent accruing under the residential tenancy agreement
(a) in
the case of a fixed term tenancy, until it expires, or
(b) in
the case of a periodic tenancy, until the termination date.
Termination for
substantial breach by landlord
28(1) A tenant may apply to a court to terminate the tenancy or
may terminate the tenancy by serving the landlord with a notice at least 14
days before the day that the tenancy is to terminate where
(a) the
landlord commits a substantial breach of the residential tenancy agreement, and
(b) an
executive officer has issued an order under section 62 of the Public Health
Act in respect of the circumstances that constitute the substantial breach,
and the tenant believes on reasonable grounds that the landlord has failed to
comply with the order.
(2) The notice must
(a) be
in writing,
(b) be
signed by the tenant,
(c) set
out the reasons for the termination, and
(d) set
out the termination date.
(3) A notice to terminate under this
section is ineffective if
(a) within
7 days from the date the landlord receives the notice, the landlord serves the
tenant with a notice in writing objecting to the termination on the grounds
that the landlord has complied with the order under the Public Health Act
or has been granted a stay of the order, and
(b) at
the time of serving the notice of objection the landlord has complied with the
order or has been granted a stay of the order.
2004 cR‑17.1
s28;2005 c32 s2
Termination for
substantial breach by tenant
29(1) If a tenant commits a substantial breach of a residential
tenancy agreement, the landlord may apply to a court to terminate the tenancy
or may terminate the tenancy by serving the tenant with a notice at least 14
days before the day that the tenancy is to terminate.
(2) The notice must
(a) be
in writing,
(b) be
signed by the landlord or the landlord’s agent,
(c) set
out separately
(i) the
rent due as of the date of the notice, and
(ii) any
additional rent that may become due during the notice period,
(d) set
out the reasons for the termination, and
(e) set
out the termination date.
(3) Where a landlord terminates a
tenancy for non‑payment of rent, the notice to terminate must state that
the tenancy will not be terminated if, on or before the termination date
specified in the notice, the tenant pays the rent due and any additional rent
that has become due under the residential tenancy agreement as of the date of
payment.
(4) A notice to terminate under this
section is ineffective if, before the termination date given in the notice, the
tenant
(a) pays
all rent due as of the date of payment, if the alleged breach is a failure to
pay rent, or
(b) serves
the landlord with a notice in writing objecting to the termination that sets
out the tenant’s reasons for objecting, if the alleged breach is other than a
failure to pay rent.
2004 cR‑17.1
s29;2005 c32 s3
Termination of tenancy
for damage or assault
30(1) Notwithstanding section 29, if a tenant has
(a) done
or permitted significant damage to the residential premises, the common areas
or the property of which they form a part, or
(b) physically
assaulted or threatened to physically assault the landlord or another tenant,
the landlord may apply
to a court to terminate the tenancy or may terminate the tenancy by serving the
tenant with a notice at least 24 hours before the time that the tenancy is to
terminate.
(2) The notice must
(a) be
in writing,
(b) be
signed by the landlord or the landlord’s agent,
(c) set
out the reasons for the termination, and
(d) set
out the time and date that the tenancy is to terminate.
(3) If a landlord terminates a tenancy
by serving a notice under subsection (1) and the tenant has not vacated the
premises by the time and date set out in the notice, the landlord may within 10
days after the termination date apply to a court for an order confirming the termination
of the tenancy and for any remedy that may be granted under section 26.
(4) An application under subsection (3)
must be supported by an affidavit setting out the following:
(a) details
of the damage or physical assault or threat;
(b) a
copy of the notice to terminate and the time and date it was served.
(5) If the landlord has not applied to a
court to confirm the termination of the tenancy within 10 days after the
termination date and the tenant has not vacated the premises, the termination of
the tenancy by notice of the landlord is ineffective and the tenancy is deemed
never to have been terminated by notice of the landlord under this section.
(6) A court may grant an order
confirming the termination of the tenancy if satisfied that the tenant has done
or permitted significant damage or committed the assault or threat referred to
in subsection (1).
(7) If a court is not satisfied that the
tenant has done or permitted significant damage or committed the assault or
threat referred to in subsection (1), the court may declare the termination of
the tenancy by notice of the landlord to be ineffective and the tenancy is
deemed never to have been terminated by notice of the landlord under this
section.
Abandoned goods
31(1) In this section, “abandoned goods” means goods left at
residential premises by a tenant who has
(a) abandoned
the premises, or
(b) vacated
the premises and whose tenancy has expired or been terminated.
(2) A landlord who believes on
reasonable grounds that abandoned goods have a total market value of less than
the prescribed amount may dispose of the goods.
(3) Notwithstanding that abandoned goods
have a value equal to or greater than the prescribed amount, a landlord who on
reasonable grounds believes
(a) that
the storage of the goods would be unsanitary or unsafe or would rapidly result
in total or substantial depreciation in their market value, or
(b) that
the cost of removing, storing and selling the goods would exceed the proceeds
of their sale,
may sell the goods by a
means and for a price that the landlord believes is reasonable.
(4) If subsections (2) and (3) do not
apply, the landlord
(a) shall
store or arrange for storage of the goods on behalf of the tenant until the
expiration of the prescribed period after the date of their abandonment, and
(b) afterwards
may dispose of the goods by public auction or, with the approval of a court, by
private sale.
(5) If no bid is received for the
abandoned goods at a public auction held under subsection (4)(b), the landlord
may dispose of the goods.
(6) No liability attaches to a person
for
(a) selling
goods under subsection (3) or (4)(b), or
(b) disposing
of goods under subsection (2) or (5).
(7) Where abandoned goods are disposed
of or sold under this section, the person acquiring the goods on the disposal
or sale acquires the tenant’s interest in those goods and the tenant’s interest
in the goods is extinguished.
(8) A landlord shall, on payment of the
landlord’s proper costs of removing and storing the abandoned goods, give up
possession of the goods to the tenant or to the person entitled to them.
(9) A landlord may apply the proceeds of
any sale of abandoned goods
(a) to
the landlord’s proper costs of removing, storing and selling the goods, and
(b) to
satisfy the tenant’s liabilities to the landlord in respect of the tenancy, if
the liabilities are established in accordance with the regulations,
and shall pay the
surplus, if any, to the Minister.
(10) The Minister shall retain the
surplus on behalf of the tenant for one year and afterwards, if the tenant has
not claimed it, pay the surplus into the General Revenue Fund.
(11) On payment of the surplus into the
General Revenue Fund under subsection (10), the tenant’s claim to that surplus
is extinguished.
(12) This section does not apply to goods
on premises against which a civil enforcement agency executes a writ of
possession.
(13) A landlord shall keep a record of
the storage, disposition or sale of goods under this section including
(a) a
description of the goods,
(b) the
period for which and the location at which they were stored,
(c) in
a case where subsection (8) applies, the costs claimed by the landlord and the
date on which the goods were returned to the tenant,
(d) where
the goods are sold, the particulars of the sale, the amount claimed by the
landlord under subsection (9) and the amount, if any, paid to the Minister
under subsection (9), and
(e) where
the goods are neither returned to the tenant nor sold, the manner in which they
were disposed of.
(14) A
landlord shall keep a record referred to in subsection (13) as it relates to
particular goods for at least 3 years after the goods were returned to the
tenant, sold or disposed of, as the case may be.
2004 cR‑17.1
s31;2006 c23 s69;2008 c43 s10
Recovery of damages
32 In an application to a court
for the recovery of damages resulting from the tenant’s breach of the tenant’s
covenant to vacate the residential premises at the expiration or termination of
the tenancy, a landlord may recover
(a) general
damages the landlord has suffered resulting from the tenant’s failure to vacate
the premises, and
(b) special
damages the landlord has suffered resulting from the landlord’s liability to a
new tenant because of the landlord’s failure to deliver possession of the
premises to the new tenant, if the tenant could reasonably have foreseen that
those damages would be a consequence of the tenant’s failure to vacate the
premises.
Notice to vacate
33(1) If the tenant having the right to occupy residential premises
has abandoned the premises, the landlord may require a person living in the
premises who is not a tenant to vacate the premises by serving the person with
a notice to vacate.
(2) The notice to vacate under
subsection (1) must give the person living in the premises at least 48 hours to
vacate the premises from the time that the notice is served.
(3) A notice to vacate must
(a) be
in writing,
(b) be
signed by the landlord or the landlord’s agent, and
(c) set
out the time and date by which the person must vacate the premises.
(4) If the person on whom a notice to
vacate is served fails to vacate the premises by the time and date specified in
the notice, the landlord may apply to a court for an order terminating the
tenancy of the tenant who abandoned the premises and for recovery of possession
of the premises.
(5) An application under subsection (4)
must be supported by an affidavit setting out the following:
(a) the
date that the premises were abandoned by the tenant, to the extent known;
(b) a
copy of the notice to vacate and the time, date and manner in which it was
served;
(c) the
reasons for the person’s failure to vacate the premises, to the extent known.
(6) A court may grant an order under
subsection (4) if satisfied that the tenant has abandoned the premises and that
the person living in the premises is not a tenant.
(7) Nothing in this section prevents a
landlord from applying to a court for additional remedies under section 26.
Order for recovery of
possession
34 An order for recovery of
possession of residential premises
(a) shall
direct the tenant or overholding tenant or, where section 33 applies, the
person living in the premises and the tenant, to give up possession of the
premises to the landlord by a specified date or within a specified time after
service of the order,
(b) shall
state that if the order is not obeyed by the specified date or within the
specified time, a writ of possession will issue without a further order, and
(c) may be
served in a manner provided for by section 57 or in any other manner that the
court directs.
Writ of possession
35 If an order for recovery of
possession of premises is not complied with by the specified date or within the
specified time, the landlord is entitled, without a further order, to a writ of
possession on filing an affidavit showing that the order has been served and
has not been complied with.
Notice to vacate
36(1) A landlord may require a person who is not a tenant but who
is living in residential premises occupied by a tenant to vacate the premises
by serving the person with a notice to vacate.
(2) The notice to vacate under
subsection (1) must give the person living in the premises at least 14 days to
vacate the premises from the day that the notice is served.
(3) A notice to vacate must
(a) be
in writing,
(b) be
signed by the landlord or the landlord’s agent, and
(c) set
out the time and date by which the person must vacate.
(4) If the person on whom a notice to
vacate is served fails to vacate the premises by the time and date specified in
the notice, the landlord may apply to a court for an order directing the person
to vacate the premises.
(5) An application under subsection (4)
must be supported by an affidavit setting out the following:
(a) a
copy of the notice to vacate and the time, date and manner in which it was
served;
(b) the
reasons for the person’s failure to vacate the premises, to the extent known.
Tenant’s remedies
37(1) If a landlord commits a breach of a residential tenancy
agreement or contravenes this Act, the tenant may apply to a court for one or
more of the following remedies:
(a) recovery
of damages resulting from the breach or contravention;
(b) abatement
of rent to the extent that the breach or contravention deprives the tenant of
the benefit of the residential tenancy agreement;
(c) compensation
for the cost of performing the landlord’s obligations;
(d) termination
of the tenancy by reason of the breach or contravention if in the opinion of
the court the breach or contravention is of such significance that the tenancy
should be terminated.
(2) An application under subsection (1)
must be supported by an affidavit setting out the following:
(a) if
a claim is made for the recovery of damages resulting from a breach of the
residential tenancy agreement or a contravention of this Act, the details of
the breach or contravention and the amount of damages claimed;
(b) if
a claim is made for abatement of rent by reason of a breach of a residential
tenancy agreement or a contravention of this Act,
(i) the
rent payable under the residential tenancy agreement,
(ii) the
details of the breach or contravention,
(iii) the
benefit of the residential tenancy agreement that the tenant was deprived of,
and
(iv) the
amount of rent abatement claimed;
(c) if
a claim is made for compensation for the cost of performing the landlord’s
obligations,
(i) the
rent payable under the residential tenancy agreement,
(ii) the
details of the breach of the residential tenancy agreement or of the
contravention of this Act,
(iii) the
obligations performed on the landlord’s behalf, and
(iv) the
amount of compensation claimed;
(d) if
a claim is made for termination of the tenancy by reason of a breach of the
residential tenancy agreement or a contravention of this Act, the details of
the breach or contravention and the requested termination date.
Possession unobtainable
38 If at the beginning of the
tenancy the landlord is in breach of the landlord’s covenant under section
16(a) or (c), the tenant may do one or more of the following:
(a) repudiate
the residential tenancy agreement or apply to the Court of Queen’s Bench for
specific performance of the covenant;
(b) recover
general damages resulting from the breach;
(c) recover
special damages resulting from the breach if the landlord could reasonably have
foreseen that those damages would be a consequence of the breach.
Compensation to tenant
39 On hearing an application by a
tenant for the recovery of damages or for compensation for the cost of
performing the landlord’s obligations, a court may
(a) direct
that the tenant pay into the court, pending and after disposition of the
application, those amounts of rent as they become due that the court considers
appropriate, and
(b) direct
that any amount of rent paid into the court be disbursed
(i) to
the tenant as damages, or
(ii) to
the landlord, the tenant or a third party, for costs reasonably incurred in
performing the landlord’s obligations,
and
that any remaining amount be paid to the landlord.
Frustration of tenancy
agreement
40(1) A residential tenancy agreement is frustrated if
(a) the
residential premises that are the subject of the residential tenancy agreement
are destroyed,
(b) the
residential premises, the common areas or the property of which they form a
part are damaged to such an extent that
(i) a
reasonable landlord would not repair the damage, or
(ii) a
reasonable tenant would not be willing to remain as a tenant,
(c) an
order is made under section 62 of the Public Health Act that closes the
residential premises, declares the residential premises unfit for habitation or
otherwise operates so as to make the continuation of the tenancy practically
impossible, or
(d) the
residential premises, the common areas or the property of which they form a
part are in a condition that contravenes an enactment that regulates health and
safety in housing accommodation, and the condition is not remedied in
accordance with that enactment.
(2) The law pertaining to frustration of
a contract applies with respect to a residential tenancy agreement that is
frustrated.
Application for remedy
to court
41 If a landlord or tenant
applies to a court to obtain a remedy under section 26, 30, 33, 36 or 37, the
landlord or tenant shall serve on the other party to the application a notice
of the application and a supporting affidavit at least 3 days, exclusive of
holidays and Saturdays, or any shorter period of time that the court may
approve, before the day named in the notice for the hearing.
Order of court
42 On hearing an application and
considering in a summary manner the oral and affidavit evidence submitted, a
court may
(a) make
an order granting or denying the remedy in whole or in part, or
(b) direct
a trial to determine an issue that remains unresolved by the evidence
submitted.
Part 4
Security Deposits
Amount of security
deposit
43(1) A landlord shall not require a tenant to provide a security
deposit that is greater than one month’s rent under the residential tenancy
agreement or that is greater than the rent that would be payable for one month
under the residential tenancy agreement if the rent were payable monthly.
(2) A landlord shall not require a
tenant to pay an increase in a security deposit.
Trust account
44(1) A landlord shall
(a) deposit
each security deposit consisting of money received by the landlord into an
interest‑bearing trust account at a bank, treasury branch, credit union
or trust corporation in Alberta within 2 banking days after receiving the
deposit, and
(b) ensure
that the security deposit remains in trust until it is disposed of in
accordance with this Act and the regulations.
(2) A landlord is the trustee of the
money in a trust account on behalf of the tenant who paid it or, if the tenant
has assigned the residential tenancy agreement with the consent of the landlord
under section 22, the assignee.
(3) A landlord shall deposit only money
that is a security deposit in the trust account.
(4) Money in the trust account is
subject to this Act and the regulations and to the provisions of the
residential tenancy agreement respecting security deposits that are not in
conflict with this Act or the regulations.
(5) A landlord shall
(a) keep
security deposit records that show with respect to each tenant
(i) the
date of receipt of a security deposit by the landlord and the amount of the
security deposit,
(ii) the
date on which the security deposit was deposited in a financial institution and
the name and location of the financial institution,
(iii) particulars
of the interest payable and paid to the tenant, and
(iv) particulars
of the disposition of the security deposit under section 46, including the
manner in which the security deposit or part of it was delivered to the tenant,
and
(b) make
the security deposit records available for inspection by the Director or an
authorized person for the purposes of an inspection or investigation under Part
6.
(6) A landlord shall keep security
deposit records under subsection (5) for at least 3 years after the expiration
or termination of the tenancy to which they relate.
Interest on security
deposit
45(1) Subject to subsection (2), a landlord shall pay annually to
the tenant interest calculated at the prescribed rate on a security deposit
consisting of money.
(2) If a security deposit consists of
money, a tenant and the tenant’s landlord may agree in writing that the
interest on the security deposit shall not be paid annually and in that case
the interest shall be compounded annually and be paid to the tenant on the
expiration or termination of the tenancy.
(3) A landlord is entitled to retain any
interest and profit resulting from the investment of a security deposit in
excess of the amount of interest payable to the tenant under this section.
(4) If a landlord and tenant agree that
interest is to be payable under this section at a rate higher than the rate
prescribed pursuant to this section, subsections (1), (2) and (3) are deemed to
refer to the higher rate.
Return of security
deposit
46(1) In this section,
(a) “deliver”
means to deliver by personal service or send by regular, registered or
certified mail;
(b) “normal
wear and tear” in respect of residential premises means the deterioration that
occurs over time with the use of the premises even though the premises receive
reasonable care and maintenance;
(c) “security
deposit” includes any amount owing to the tenant as interest under section 45
at the time of the expiration or termination of the tenancy.
(2) A landlord who holds a security
deposit shall, within 10 days after the day on which the tenant gives up
possession of the residential premises,
(a) deliver
the security deposit to the tenant,
(b) if
all or part of the security deposit has been deducted in accordance with the
conditions agreed to by the tenant, deliver to the tenant the balance of the
deposit, if any, and a statement of account showing the amount of the deposit
used, or
(c) if
the landlord is entitled to make a deduction from the security deposit in
accordance with the conditions agreed to by the tenant but is unable to
determine the correct amount of the deduction, deliver to the tenant the
balance of the deposit, if any, that the landlord does not intend to use and an
estimated statement of account of the anticipated deduction and, within 30 days
after the day on which the tenant gives up possession of the residential
premises, deliver to the tenant the remaining balance of the deposit, if any,
and a final statement of account.
(3) If a landlord fails to return all or
part of a security deposit to a tenant in accordance with subsection (2), then,
whether or not a statement of account was delivered to the tenant, the tenant
may commence an action in a court to recover the whole of the deposit or that
part of the deposit to which the tenant claims to be entitled.
(4) In proceedings taken under
subsection (3), the court
(a) shall
determine the amounts, if any, that the landlord is entitled to deduct from the
security deposit in accordance with the conditions agreed to by the tenant, and
(b) if
the deductions so determined are less than the amount of the deposit, shall
give judgment in favour of the tenant for the balance.
(5) No deduction may be made from a
tenant’s security deposit for normal wear and tear to the residential premises
during the period of the tenant’s tenancy.
(6) A landlord shall not make a
deduction from a tenant’s security deposit for damages to the residential
premises unless the requirements respecting inspection reports under section 19
have been met.
2004 cR‑17.1
s46;2005 c32 s4
Obligations and rights
of new landlord
47(1) A person who acquires the interest of a landlord in
residential premises has the rights and is subject to the obligations of the
previous landlord with respect to a security deposit paid to the previous
landlord in respect of the residential premises.
(2) A person who acquires the interest
of a landlord in residential premises shall, within a reasonable time after
acquiring the interest and without cost to the tenant, serve on the tenant
(a) a
notice of landlord that meets the requirements of section 18, and
(b) a
statement setting out the amount of the security deposit and interest,
calculated in accordance with the regulations, standing to the tenant’s credit
as of the date the person acquired the interest in the residential premises.
Part 5
The Provincial Court
Jurisdiction
48(1) The Provincial Court has the jurisdiction to grant any
remedy or relief under this Act other than
(a) giving
a judgment for debt or damages in excess of the amount prescribed under the Provincial
Court Act, or
(b) granting
a remedy or relief required by this Act to be granted in the Court of Queen’s
Bench.
(2) Nothing in this Part prohibits a
landlord or a tenant from proceeding under this Act in the Court of Queen’s
Bench.
Application of
Provincial Court Act
49 The Provincial Court Act
and the regulations made under that Act, to the extent they are not changed by
or provided for in this Act or the regulations under this Act, apply to
proceedings before the Provincial Court and to appeals from decisions of the
Provincial Court.
Commencement of
application
50(1) A person wishing to commence an application in the
Provincial Court shall file with a clerk of the Provincial Court
(a) a
written notice identifying the residential premises in respect of which the
application is being commenced and setting out the remedy being applied for,
and
(b) an
affidavit referred to in section 26(2) or 37(2), as the case may be.
(2) No
application may be accepted by a clerk for filing under subsection (1) except
in accordance with section 54.4.
2004 cR‑17.1
s50;2005 c46 s2
Notice of application
51(1) On a notice and an affidavit being filed under section 50, a
clerk of the Provincial Court shall issue a notice of application stating the
time and place at which the application will be heard.
(2) A copy of the notice and the
affidavit filed under section 50 must be attached to and form a part of the
notice of application issued by a clerk of the Provincial Court.
Hearing of application
52 On the notice of application
issued under section 51 and the documents attached to it being served on the
other party to the application, the Provincial Court shall hear the matter in
accordance with Part 3.
Appeal
53(1) A party to an order made by the Provincial Court may, within
30 days after the order being entered under section 54 and served, appeal the
order to the Court of Queen’s Bench by way of an originating notice.
(2) The party commencing an appeal under
this section shall file with the Court of Queen’s Bench copies of
(a) all
notices, documents and affidavits filed in the Provincial Court in respect of
the application made in the Provincial Court, and
(b) the
order being appealed.
(3) The originating notice and copies of
the notices, documents and affidavits filed with the Court of Queen’s Bench
under subsection (2) must be served on the other parties to the action at least
3 days, exclusive of holidays and Saturdays, before the day named in the
originating notice for the hearing of the application.
(4) On hearing the matter, the Court of
Queen’s Bench may make any order it could have made had the application for the
order being appealed from been commenced in the Court of Queen’s Bench instead
of in the Provincial Court.
(5) The commencement of an appeal under
this section does not stay the order being appealed except as directed by the
Court of Queen’s Bench.
Enforcement of order
54(1) An order made by the Provincial Court may be entered in the
Court of Queen’s Bench and on being so entered it is enforceable in the same
manner as an order of the Court of Queen’s Bench.
(2) An order made by the Provincial
Court does not take effect until it is entered under subsection (1) and served
under section 57 or as directed by the Provincial Court on the other parties to
the application by the party entering the order.
Part 5.1
Residential Tenancy Dispute Resolution Service
Definitions
54.1 In this Part,
(a) “Dispute
Resolution Service” means the Residential Tenancy Dispute Resolution Service
established by the regulations;
(b) “regulations”
means regulations made under section 54.7;
(c) “remedy”
means any order, judgment, damages, compensation or other relief provided for
in this Act.
2005 c46 s3
Right to apply to
Dispute Resolution Service
54.2(1) Where a landlord has a dispute with a tenant and has a right
to apply to a court under Part 3 for a remedy, the landlord may apply to the
Dispute Resolution Service instead of the court for the remedy.
(2) Where a tenant has a dispute with a
landlord and has a right to apply to a court under Part 3 or to commence an
action in a court under Part 4 for a remedy, the tenant may apply to the
Dispute Resolution Service instead of the court for the remedy.
(3) No application may be made to the
Dispute Resolution Service if an application to a court has been filed with the
clerk of that court by either party to the dispute
(a) for
the remedy sought under subsection (1) or (2), or
(b) for
any other remedy that is available under Part 3 or 4 to resolve a related
dispute between the parties,
unless the application to the court is first withdrawn.
2005 c46 s3
Effect of application to
Dispute Resolution Service
54.3(1) A landlord’s application to the Dispute Resolution Service
for a remedy binds the tenant in respect of whom the remedy is sought to the
choice of that forum.
(2) A tenant’s application to the
Dispute Resolution Service for a remedy binds the landlord in respect of whom
the remedy is sought to the choice of that forum.
(3) Where an application has been filed
with the Dispute Resolution Service by one party to a dispute, no application
may be made to a court by either party to the dispute
(a) for
the remedy sought under section 54.2(1) or (2), or
(b) for
any remedy that is available under Part 3 or 4 to resolve a related dispute
between the parties,
unless the application to the Dispute Resolution Service is
first withdrawn.
2005 c46 s3
Review before filing
with a court
54.4(1) Before any application to a court for a remedy to a dispute
under Part 3 or 4 may be filed by a clerk of a court, the clerk shall, in
accordance with the process set out in the regulations, determine whether an
application has been filed with the Dispute Resolution Service
(a) for
the remedy applied for in the application to the court, or
(b) for
any other remedy that is available under Part 3 or 4 to resolve a related
dispute between the parties to the application to the court.
(2) Where the process referred to in
subsection (1) discloses that an application, as described in subsection (1),
has been filed with the Dispute Resolution Service, the application to the
court shall not be filed except as provided in the regulations.
(3) Where, on the same day,
(a) a
clerk of a court files an application made by one of the parties to a dispute
for a remedy under Part 3 or 4, and
(b) the
Dispute Resolution Service files an application made by the other party to the
dispute for any other remedy that is available under Part 3 or 4 to resolve a
related dispute between the parties,
the application filed with the clerk of the court shall be
proceeded with and the application to the Dispute Resolution Service shall be
discontinued.
2005 c46 s3
Authority of Dispute
Resolution Service
54.5 The Dispute Resolution Service
has the authority to order remedies in accordance with the regulations.
2005 c46 s3
Application, proceedings
and decision to be in
accordance with regulations
54.6(1) An application to the Dispute Resolution Service must be
made in accordance with the regulations.
(2) The Dispute Resolution Service must
conduct all proceedings and decide all applications to it
(a) in
accordance with and subject to any limitations and restrictions set out in the
regulations, and
(b) in
accordance with the rules of practice and procedure and the code of conduct
established pursuant to the regulations.
(3) The Dispute Resolution Service must
refer to a court an application, dispute or issue that is, in accordance with
the regulations, required to be referred to a court.
(4) The Dispute Resolution Service may,
in any of the circumstances provided for in the regulations,
(a) refuse
to accept an application to the Dispute Resolution Service, and
(b) refer
an application to the Dispute Resolution Service to a court.
2005 c46 s3
Regulations
54.7 The Lieutenant Governor in
Council may make regulations respecting the establishment of an alternative
dispute resolution mechanism for the purpose of resolving disputes arising in
respect of matters under this Act, including, without limitation, regulations
(a) respecting
the establishment of the Residential Tenancy Dispute Resolution Service and the
appointment of an administrator, tenancy dispute officers and any other
employees required for the administration of the Dispute Resolution Service;
(b) respecting
the process to be followed by a clerk of a court for the purposes of section
54.4;
(c) respecting
applications to the Dispute Resolution Service, including applications that
include a claim for damages, compensation or other relief that exceeds the
amount prescribed by regulations for the purposes of section 9.6(1) of the Provincial
Court Act;
(d) respecting
the kinds of applications, disputes and issues that are required to be referred
to a court by the Dispute Resolution Service;
(e) respecting
the circumstances in which the Dispute Resolution Service
(i) may
refuse to accept an application to the Service, or
(ii) may
refer to a court an application to the Service;
(f) respecting
the proceedings before the Dispute Resolution Service and the establishment of
rules of practice and procedure governing those proceedings;
(g) respecting
the establishment of a code of conduct for tenancy dispute officers;
(h) respecting
the powers and duties of tenancy dispute officers;
(i) respecting
the matters that tenancy dispute officers may or must consider when dealing
with a dispute;
(j) respecting
the remedies that the Dispute Resolution Service is authorized to order,
including orders providing for costs;
(k) respecting
limitations and restrictions on the Dispute Resolution Service’s authority to
order a remedy;
(l) respecting
terms and conditions that may be included in an order of the Dispute Resolution
Service;
(m) respecting
the effect of an order and how it may be enforced, including regulations
authorizing the order to be filed in the Court of Queen’s Bench and, on filing,
to be enforced as an order of that court;
(n) respecting
the appeal of an order to the Court of Queen’s Bench on a question of law or
jurisdiction;
(o) respecting
the fees that may be charged by the Dispute Resolution Service and providing
for the waiver of any fee;
(p) respecting
forms for the purposes of this Part and providing for their use;
(q) respecting
the service of notices, documents or orders;
(r) defining,
for the purposes of this Part and the regulations made under this Part, any
word or phrase that is used in this Part but is not defined;
(s) respecting
any matter or thing that the Minister considers necessary or appropriate to
carry out the intent and purposes of this Part.
2005 c46 s3
Application of this Part
54.8(1) This Part applies
(a) only
in the judicial district or other geographic region of the Province, and
(b) only
for the period of time
specified by an order
of the Lieutenant Governor in Council.
(2) The Lieutenant Governor in Council
may, by order,
(a) extend
or shorten the period of time specified under subsection (1)(b),
(b) suspend
the operation of the Dispute Resolution Service, and
(c) end
a suspension referred to in clause (b).
(3) If
the operation of the Dispute Resolution Service is suspended by an order under
subsection (2), the transitional rules necessary to address incompleted
hearings, pending applications and all related matters must be set out in the
order.
2005 c46 s3
Part 6
General
Appointment of Director
55 In accordance with the Public
Service Act there may be appointed a Director of Residential Tenancies and
any other officers and employees required for the administration of this Act.
Delegation
56 The Director may delegate any
of the Director’s powers, duties or functions under this Act and the
regulations to any person and may authorize that person to further delegate the
power, duty or function.
Service of notices, etc.
57(1) Subject to this section, a notice, order or document under
this Act must be served personally, by registered mail or by certified mail.
(2) For the purpose of service by
registered mail or certified mail,
(a) a
tenant’s address is the address of the residential premises rented by the tenant,
and
(b) a
landlord’s address is the address at which rent is payable or the address in
the notice of landlord served or posted under section 18 or 47(2).
(3) If a landlord is unable to effect
service on a tenant by reason of the tenant’s absence from the premises or by
reason of the tenant’s evading service, service may be effected
(a) on
any adult person who apparently resides with the tenant, or
(b) by
posting the notice, order or document in a conspicuous place on some part of
the premises.
(4) If a landlord is unable to effect
service on a person referred to in section 33 or 36 by reason of the person’s
absence from the premises or by reason of the person’s evading service, service
may be effected by posting the notice in a conspicuous place on some part of
the premises.
(5) If a landlord is unable to effect
service on a tenant or a person referred to in section 33 or 36 by any means
referred to in subsections (1) to (4) or if a tenant is unable to effect
service on the landlord personally, by registered mail or by certified mail,
the landlord or tenant may effect service of the notice, order or document by
sending it by electronic means that will result in a printed copy of the
notice, order or document being received by an electronic device that is
situated in the residential premises or at the landlord’s address, as the case
may be.
(6) This section does not apply to
service governed by the rules or practice of a court.
(7) If a landlord or tenant is a
corporation, a notice, order or document may be served in the manner permitted
under section 308 of the Companies Act, section 347 of the Cooperatives
Act or section 256 of the Business Corporations Act, as the
case may be.
Satisfaction of service
requirement
58(1) A requirement under this Act to give or serve a notice,
order or document to or on the landlord of residential premises is satisfied if
the notice, order or document is given to or served on one person who falls
within the definition of landlord of those premises.
(2) A requirement under this Act to give
or serve a notice, order or document to or on the tenant of residential
premises is satisfied if the notice, order or document is given to or served on
one adult person who falls within the definition of tenant of those premises.
Landlord and Tenant
Advisory Boards
59(1) A council may by bylaw establish a Landlord and Tenant
Advisory Board and provide for the remuneration of its members and any other
matters pertaining to its procedures or incidental to the exercise of its
functions.
(2) The functions of a Landlord and
Tenant Advisory Board are as follows:
(a) to
advise landlords and tenants in tenancy matters;
(b) to
receive complaints and seek to mediate disputes between landlords and tenants;
(c) to
disseminate information for the purpose of educating and advising landlords and
tenants concerning rental practices, rights and remedies;
(d) to
receive and investigate complaints of conduct in contravention of legislation
governing tenancies.
Offences and penalties
60(1) A person who contravenes
(a) section
18, 19(6), 23, 24, 25, 31(13) or (14), 43, 44(1), (3), (5) or (6), 45 or 46(2)
or (6) or this Act as described in section 6(2), or
(b) a
provision of the regulations referred to in section 69(1)(b) or 70(1)(l),
is guilty of an
offence and liable to a fine of not more than $5000.
(1.1) A landlord who fails to give the
minimum required period of notice under section 12 is guilty of an offence and
liable to a fine of not more than $10 000.
(2) Where a corporation is convicted of
an offence, every officer, director, employee or agent of the corporation who
authorized the commission of the offence or assented to it or acquiesced or
participated in it is also guilty of an offence and is liable to the penalty
provided for in subsection (1) or (1.1).
(3) A justice who convicts a landlord of
contravening section 46(2) or (6) may, on the application of a tenant who is
entitled to all or part of a security deposit, order the landlord to pay to the
tenant the whole or part of the security deposit together with interest
calculated under section 45.
(4) Where a landlord is convicted of
contravening a provision referred to in subsection (1) or (1.1) and the justice
considers that the landlord has wrongfully withheld prepaid rent paid by the
tenant, the justice may order the landlord to pay all or part of that prepaid
rent to the tenant.
(5) If an amount that is ordered to be
paid under subsection (3) or (4) is not paid within the time ordered by the
justice, the tenant or other person in whose favour the order was made may, by
filing the order, enter as a judgment in the Court of Queen’s Bench the amount
ordered to be paid, and that judgment is enforceable against the landlord in
the same manner as if it were a judgment rendered against the landlord in the
Court of Queen’s Bench in civil proceedings.
2004 cR‑17.1
s60;2007 c11 s1
Limitation period
61 No proceedings may be
instituted under section 60 more than 3 years after the time when the alleged
offence occurred.
Authorized person
62 In sections 63 to 67,
“authorized person” means a person to whom the Director has, under section 56,
delegated the Director’s powers, duties or functions under those sections.
Identification
63 The Director or an authorized
person who enters any place under the authority of sections 64 to 67 must, on
request,
(a) produce
a document that identifies the person as the Director or an authorized person,
and
(b) explain
the purpose for entering the place.
Inspection
64(1) The Director or an authorized person may enter the business
premises of a landlord at any reasonable time to conduct an inspection to
determine if there is compliance with this Act and the regulations.
(2) If the Director or authorized person
has reasonable grounds to believe that
(a) books,
records, documents or other things of a landlord are located in another
person’s business premises, and
(b) those
books, records, documents or other things are relevant to determine if there is
compliance with this Act or the regulations,
the Director or
authorized person may enter those other business premises at any reasonable
time.
(3) The Director or authorized person
may, in the course of an inspection, request an employee or agent of the
landlord at the business premises referred to in subsection (1) or (2)
(a) to
give written or oral replies to questions,
(b) to
produce any books, records, documents or other things and to provide copies of
them, and
(c) to
provide any other information
to determine if there
is compliance with this Act and the regulations.
(4) The Director or authorized person
may in the course of an inspection inspect, examine and make copies of or
temporarily remove books, records or documents or other things that are
relevant to determine if there is compliance with this Act and the regulations.
(5) When the Director or authorized
person removes any books, records, documents or other things under subsection
(4), the Director or authorized person
(a) must
give a receipt for them to the person from whom they were taken,
(b) may
make copies of, take photographs of or otherwise record them, and
(c) must,
within a reasonable time, return them to the person to whom the receipt was
given.
(6) A landlord and any employee or agent
of the landlord must co‑operate with the Director or an authorized person
acting under the authority of this section.
Order compelling
assistance in inspections
65(1) For the purpose of enabling the Director or an authorized
person to conduct an inspection to determine if there is compliance with this
Act and the regulations, the Director may apply to the Court of Queen’s Bench
for an order
(a) compelling
a landlord or an employee or agent of a landlord to allow the Director or an
authorized person to enter the business premises, private dwelling or other
place occupied or controlled by the landlord, employee or agent and requiring
the landlord, employee or agent to produce for examination books, records,
documents or other things relevant to the inspection;
(b) authorizing
the Director or authorized person to copy or remove the books, records,
documents or other things on any terms that the Court considers appropriate;
(c) requiring
a landlord or an employee or agent of a landlord to co-operate with the
inspection on any terms that the Court considers appropriate.
(2) The Court of Queen’s Bench may grant
an order under subsection (1) if satisfied on evidence under oath by the
Director that there are reasonable grounds to believe that
(a) the
inspection is reasonable,
(b) the
landlord, agent or employee of the landlord has not co-operated or likely will
not co-operate with the inspection, and
(c) the
order is appropriate in the circumstances.
(3) An application under this section
may be made ex parte if the Court of Queen’s Bench considers it proper to do
so.
Investigation
66(1) The Director or an authorized person who has reasonable
grounds to believe that a person has committed an offence under this Act or the
regulations may, after explaining to the person or to the person’s agent that
the Director or authorized person wishes to enter the person’s business
premises for the purposes of carrying out an investigation, request permission
to enter the business premises.
(2) If a person permits the Director or
authorized person to enter business premises for the purposes of an
investigation, the Director or authorized person may, with the permission of
the person, inspect, examine and make copies of or temporarily remove books,
records, documents or other things that are relevant to determine if an offence
has been committed under this Act or the regulations.
(3) When the Director or authorized
person removes any books, records, documents or other things under subsection
(2), the Director or authorized person
(a) must
give a receipt for them to the person from whom they were taken,
(b) may
make copies of, take photographs of or otherwise record them,
(c) must,
within a reasonable time, return anything that has been copied to the person to
whom the receipt was given, and
(d) must
return everything else that was removed to the person to whom the receipt was
given within a reasonable time after the investigation and any prosecution
resulting from the investigation are concluded.
Order compelling
assistance in investigations
67(1) For the purpose of determining if an offence has been
committed under this Act or the regulations, the Director may apply to the
Court of Queen’s Bench for an order
(a) compelling
a person to allow the Director or an authorized person to enter the person’s
business premises, private dwelling or other place occupied or controlled by
the person and requiring the person to produce for examination the person’s
books, records, documents or other things relevant to the investigation;
(b) authorizing
the Director or an authorized person to copy or remove the books, records,
documents or other things on any terms that the Court considers appropriate;
(c) requiring
a person to co-operate with the investigation on any terms that the Court
considers appropriate.
(2) The Court of Queen’s Bench may grant
an order under subsection (1) if satisfied on evidence under oath by the
Director that there are reasonable grounds to believe that
(a) an
offence under this Act or the regulations has been committed, and
(b) the
order is appropriate in the circumstances.
(3) An application under this section
may be made ex parte if the Court of Queen’s Bench considers it proper to do
so.
Lieutenant Governor in
Council regulations
68 The Lieutenant Governor in
Council may make regulations
(a) governing
the practice and procedures in matters before the Provincial Court under this
Act;
(b) respecting
the rate of interest under section 45(1);
(c) prescribing
that any class of residential premises is exempt from the operation of all or
any of the provisions of this Act or the regulations;
(d) defining,
for the purposes of this Act and the regulations, any term that is used in this
Act but is not defined;
(e) setting
out the grounds on which the Banff Housing Corporation may refuse to give its
consent to the assignment or sublease of a residential tenancy agreement
described in section 22(3).
Subsidized public
housing regulations
69(1) The Lieutenant Governor in Council may make regulations
(a) respecting
rent, security deposits and the termination of tenancies for subsidized public
housing;
(b) prescribing,
with respect to any provision of the regulations under clause (a), that
contravention of the provision constitutes an offence.
(2) The regulations made under
subsection (1) may have the effect of modifying or making inapplicable Parts 1
to 4 of this Act with respect to subsidized public housing.
Ministerial regulations
70(1) The Minister may make regulations
(a) establishing
forms that may be used by landlords and tenants for leases, inspection reports
and other documents under this Act;
(b) prescribing
the reasons for which a landlord may terminate a periodic tenancy under Part 1;
(c) prescribing
the minimum amount of time between increases in rent for periodic tenancies and
for fixed term tenancies;
(c.1) modifying
any period of notice required by section 7, 8, 9, 11, 12 or 14;
(d) prescribing
or providing for the manner of determining periods of notice for the purposes
of section 11(b);
(e) prescribing
the statements to be contained in inspection reports and governing the signing
of inspection reports for the purposes of section 19;
(f) prescribing
an amount for the purposes of section 31(2) and (3);
(g) prescribing
a period for the purposes of section 31(4);
(h) respecting
the means of establishing the liabilities of a tenant for the purposes of
section 31(9);
(i) respecting
trust accounts for security deposits;
(j) respecting
the circumstances under which landlords may charge a fee or penalty for late
payments of rent by tenants, and prescribing the maximum amounts of such fees
or penalties or the manner in which they are calculated;
(k) repealed
2005 c46 s4;
(l) prescribing,
with respect to any provision of the regulations under this section, that
contravention of the provision constitutes an offence;
(m) providing
with respect to any provision of this Act, other than a provision referred to
in section 60(1)(a) or (1.1), that its contravention constitutes an offence and
prescribing penalties in respect of those offences;
(n) respecting
any other matter considered necessary to carry out the intent of this Act.
(2) A regulation made under this section
may be made effective with reference to a date before it is made.
(3) Notwithstanding
section 3(5) of the Regulations Act, a person is deemed to have notice
of a regulation made under this section when the regulation is filed with the
registrar under the Regulations Act.
2004 cR‑17.1
s70;2005 c46 s4;2007 c11 s1
Application to Court of
Queen’s Bench
71 An application made under this
Act to the Court of Queen’s Bench must be by originating notice.
Part 7
Transitional Provisions, Repeal and
Coming into Force
Transitional
72(1) Except to the extent that this Act provides otherwise, this
Act applies to tenancies under residential tenancy agreements made before, on
or after the coming into force of this Act.
(2) Nothing in this Act affects any
notice given or proceeding commenced under the predecessor of this Act before
the coming into force of this Act.
Repeal
73 The Residential Tenancies
Act, RSA 2000 cR‑17, is repealed.
Repeal
74 Section 11(a) is repealed on a
date to be fixed by Proclamation.
Coming into force
75 This Act comes into force on
November 1, 2004.
