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This Act has "Not in Force" sections. See the Table of Legislative Changes.

Residential Tenancy Act

[SBC 2002] CHAPTER 78

Contents
Section
Part 1 — Introductory Provisions
  Division 1 —  General
  Definitions
  What this Act applies to
  Act applies to tenancy agreement with a minor
  What this Act does not apply to
  This Act cannot be avoided
  Enforcing rights and obligations of landlords and tenants
  Liability for not complying with this Act or a tenancy agreement
  Division 2 —  Administration of this Act
  Appointment of director
  Director's responsibilities
  10  Director may approve forms
  11  Director and staff must not be compelled in civil proceedings
Part 2 — Residential Tenancies — Rights and Obligations
  Division 1 —  Creating a Tenancy Agreement
  12  Tenancy agreements include the standard terms
  13  Requirements for tenancy agreements
  14  Changes to tenancy agreement
  15  Application and processing fees prohibited
  16  Start of rights and obligations under tenancy agreement
  Division 2 —  Other Specific Terms in a Tenancy Agreement
  17  Landlord may require security deposit
  18  Terms respecting pets and pet damage deposits
  19  Limits on amount of deposits
  20  Landlord prohibitions respecting deposits
  21  Tenant prohibition respecting deposits
  22  Acceleration term prohibited
  Division 3 —  At the Start of a Tenancy
  23  Condition inspection: start of tenancy or new pet
  24  Consequences for tenant and landlord if report requirements not met
  25  Rekeying locks for new tenants
  Division 4 —  During a Tenancy
  26  Rules about payment and non-payment of rent
  27  Terminating or restricting services or facilities
  28  Protection of tenant's right to quiet enjoyment
  29  Landlord's right to enter rental unit restricted
  30  Tenant's right of access protected
  31  Prohibitions on changes to locks and other access
  32  Landlord and tenant obligations to repair and maintain
  33  Emergency repairs
  34  Assignment and subletting
  Division 5 —  At the End of a Tenancy
  35  Condition inspection: end of tenancy
  36  Consequences for tenant and landlord if report requirements not met
  37  Leaving the rental unit at the end of a tenancy
  38  Return of security deposit and pet damage deposit
  39  Landlord may retain deposits if forwarding address not provided
Part 3 — What Rent Increases Are Allowed
  40  Meaning of "rent increase"
  41  Rent increases
  42  Timing and notice of rent increases
  43  Amount of rent increase
Part 4 — How to End a Tenancy
  Division 1 —  Ending a Tenancy
  44  How a tenancy ends
  45  Tenant's notice
  46  Landlord's notice: non-payment of rent
  47  Landlord's notice: cause
  48  Landlord's notice: end of employment with the landlord
  49  Landlord's notice: landlord's use of property
  50  Tenant may end tenancy early following notice under section 49
  51  Tenant's compensation: section 49 notice
  52  Form and content of notice to end tenancy
  53  Incorrect effective dates automatically changed
  Division 2 —  Order of Possession of Rental Unit
  54  Order of possession for the tenant
  55  Order of possession for the landlord
  56  Landlord's application for order ending tenancy early
  57  What happens if a tenant does not leave when tenancy ended
Part 5 — Resolving Disputes
  Division 1 —  Arbitration Proceedings
  58  Arbitration of disputes
  59  Starting arbitration proceedings
  60  Latest time arbitration applications can be filed
  61  Designation of arbitrator
  62  Arbitrator's authority
  63  Opportunity to settle dispute
  64  General powers and duties of arbitrators
  65  Arbitrator orders: breach of Act, regulations or tenancy agreement
  66  Arbitrator orders: changing time limits
  67  Arbitrator orders: compensation for damage or loss
  68  Arbitrator orders: notice to end tenancy
  69  Arbitrator orders: rent increases
  70  Arbitrator orders: landlord's right to enter rental unit
  71  Arbitrator orders: delivery and service of documents
  72  Arbitrator orders: fees and monetary orders
  73  Director may schedule arbitrations together
  74  How an arbitration is to be conducted
  75  Rules of evidence do not apply
  76  Arbitrator may require persons to attend and produce documents
  77  Arbitrator's decision
  78  Correction or clarification of decisions or orders
  Division 1.1 —  Application of Administrative Tribunals Act
  78.1  Application of Administrative Tribunals Act
  Division 2 —  Review of Decisions and Orders
  79  Application for review of arbitrator's decision or order
  80  Time limit to apply for a review
  81  Decision on application for review
  82  Review of arbitration decision or order
  83  Powers of the arbitrator who conducts a review
  Division 3 —  Enforcement of Arbitration Orders
  84  Arbitration orders may be filed in Supreme Court
  84.1  Exclusive jurisdiction of arbitrator
  85  Certain arbitration orders may be filed in Provincial Court
  Division 4 —  Administration of the Arbitration System
  86  Appointment of arbitrators
  86.1  Arbitrator's absence or incapacitation
  86.2  Temporary, non-renewable appointments
  86.3  Termination for cause
  87  Compulsion protection
Part 6 — General Matters
  Division 1 —  How to Give or Serve Documents
  88  How to give or serve documents generally
  89  Special rules for certain documents
  90  When documents are considered to have been received
  Division 2 —  Application of Other Law
  91  Common law applies
  92  Frustrated Contract Act
  93  Obligations pass with transfer or assignment of land
  94  Court proceedings affecting tenants
  Division 3 —  Offences, Penalties and Regulations
  95  Offences and penalties
  96  Limitation period for prosecuting offences
  97  Power to make regulations
Part 7 — Transitional and Consequential Provisions
  98  Meaning of "former Act"
  99  Transitional: rent increases
  100  Transitional: start of tenancy condition
  101  Transitional: arbitrations started under former Act
  102  Transitional: arbitrators appointed under former Act
  103  Transitional: security deposits
  104  Transitional regulations
  105–116  Spent
  117  Commencement

Part 1 — Introductory Provisions

Division 1 —  General

Definitions

1  In this Act:

"approved form" means the form approved by the director under section 10 (1) [director may approve forms] for the purposes of the section in which it appears;

"arbitration" means an arbitration started by application under section 59 [starting arbitration proceedings];

"arbitrator" means an arbitrator appointed under section 86 (1) [appointment of arbitrators];

"common area" means any part of residential property the use of which is shared by tenants, or by a landlord and one or more tenants;

"director" means the director appointed under section 8 [appointment of director];

"fixed term tenancy" means a tenancy under a tenancy agreement that specifies the date on which the tenancy ends;

"landlord", in relation to a rental unit, includes any of the following:

(a) the owner of the rental unit, the owner's agent or another person who, on behalf of the landlord, permits occupation of the rental unit under a tenancy agreement;

(b) the heirs, assigns, personal representatives and successors in title to a person referred to in paragraph (a);

(c) a person, other than a tenant occupying the rental unit, who

(i)  is entitled to possession of the rental unit, and

(ii)  exercises any of the rights of a landlord under a tenancy agreement or this Act in relation to the rental unit;

(d) a former landlord, when the context requires this;

"manufactured home" has the same meaning as in the Manufactured Home Park Tenancy Act;

"periodic tenancy" means

(a) a tenancy on a weekly, monthly or other periodic basis under a tenancy agreement that continues until it is ended in accordance with this Act, and

(b) in relation to a fixed term tenancy agreement that does not provide that the tenant will vacate the rental unit at the end of the fixed term, a tenancy that arises under section 44 (3) [how a tenancy ends];

"pet damage deposit" means money paid, or value or a right given, by or on behalf of a tenant to a landlord that is to be held as security for damage to residential property caused by a pet, but does not include

(a) a security deposit, or

(b) a fee prescribed under section 97 (2) (k) [regulations in relation to fees];

"registered mail" includes any method of mail delivery provided by Canada Post for which confirmation of delivery to a named person is available;

"rent" means money paid or agreed to be paid, or value or a right given or agreed to be given, by or on behalf of a tenant to a landlord in return for the right to possess a rental unit, for the use of common areas and for services or facilities, but does not include any of the following:

(a) a security deposit;

(b) a pet damage deposit;

(c) a fee prescribed under section 97 (2) (k) [regulations in relation to fees];

"rental unit" means living accommodation rented or intended to be rented to a tenant;

"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;

"security deposit" means money paid, or value or a right given, by or on behalf of a tenant to a landlord that is to be held as security for any liability or obligation of the tenant respecting the residential property, but does not include any of the following:

(a) post-dated cheques for rent;

(b) a pet damage deposit;

(c) a fee prescribed under section 97 (2) (k) [regulations in relation to fees];

"service or facility" includes any of the following that are provided or agreed to be provided by the landlord to the tenant of a rental unit:

(a) appliances and furnishings;

(b) utilities and related services;

(c) cleaning and maintenance services;

(d) parking spaces and related facilities;

(e) cablevision facilities;

(f) laundry facilities;

(g) storage facilities;

(h) elevator;

(i) common recreational facilities;

(j) intercom systems;

(k) garbage facilities and related services;

(l) heating facilities or services;

(m) housekeeping services;

"standard terms" means the standard terms of a tenancy agreement prescribed in the regulations;

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

"tenancy agreement" means an agreement, whether written or oral, express or implied, between a landlord and a tenant respecting possession of a rental unit, use of common areas and services and facilities, and includes a licence to occupy a rental unit;

"tenant" includes

(a) the estate of a deceased tenant, and

(b) when the context requires, a former or prospective tenant.

What this Act applies to

2  (1)  Despite any other enactment but subject to section 4 [what this Act does not apply to], this Act applies to tenancy agreements, rental units and other residential property.

(2)  Except as otherwise provided in this Act, this Act applies to a tenancy agreement entered into before or after the date this Act comes into force.

Act applies to tenancy agreement with a minor

3  A person who has not reached 19 years of age may enter into a tenancy agreement as a tenant, and the agreement and this Act and the regulations are enforceable by and against the person despite section 19 of the Infants Act.

What this Act does not apply to

4  This Act does not apply to

(a) living accommodation rented by a not for profit housing cooperative to a member of the cooperative,

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

(c) living accommodation in which the tenant shares bathroom or kitchen facilities with the owner of that accommodation,

(d) living accommodation included with premises that

(i)  are primarily occupied for business purposes, and

(ii)  are rented under a single agreement,

(e) living accommodation occupied as vacation or travel accommodation,

(f) living accommodation provided for emergency shelter or transitional housing,

(g) living accommodation

(i)  in a community care facility under the Community Care Facility Act,

(ii)  in a continuing care facility under the Continuing Care Act,

(iii)  in a public or private hospital under the Hospital Act,

(iv)  if designated under the Mental Health Act, in a Provincial mental health facility, an observation unit or a psychiatric unit,

(v)  in a housing based health facility that provides hospitality support services and personal health care, or

(vi)  that is made available in the course of providing rehabilitative or therapeutic treatment or services,

(h) living accommodation in a correctional institution,

(i) living accommodation rented under a tenancy agreement that has a term longer than 20 years,

(j) tenancy agreements to which the Manufactured Home Park Tenancy Act applies, or

(k) prescribed tenancy agreements, rental units or residential property.

This Act cannot be avoided

5  (1)  Landlords and tenants may not avoid or contract out of this Act or the regulations.

(2)  Any attempt to avoid or contract out of this Act or the regulations is of no effect.

Enforcing rights and obligations of landlords and tenants

6  (1)  The rights, obligations and prohibitions established by or under this Act are enforceable between a landlord and tenant under a tenancy agreement.

(2)  A landlord or tenant may apply for arbitration if the landlord and tenant cannot resolve a dispute referred to in section 58 (1) [arbitration of disputes].

(3)  A term of a tenancy agreement is not enforceable if

(a) the term is inconsistent with this Act or the regulations,

(b) the term is unconscionable, or

(c) the term is not expressed in a manner that clearly communicates the rights and obligations under it.

Liability for not complying with this Act or a tenancy agreement

7  (1)  If a landlord or tenant does not comply with this Act, the regulations or their tenancy agreement, the non-complying landlord or tenant must compensate the other for damage or loss that results.

(2)  A landlord or tenant who claims compensation for damage or loss that results from the other's non-compliance with this Act, the regulations or their tenancy agreement must do whatever is reasonable to minimize the damage or loss.

Division 2 —  Administration of this Act

Appointment of director

8  A director must be appointed in accordance with the Public Service Act for the purposes of this Act.

Director's responsibilities

9  (1)  The director is responsible for the administration and management of all matters and persons appointed under this Act.

(2)  The director may delegate any of his or her powers or duties under this Act.

(3)  The director may establish rules of procedure for the conduct of arbitrations and arbitration reviews.

(4)  The director may do one or more of the following:

(a) provide information to landlords and tenants about their rights and obligations under this Act;

(b) help landlords and tenants resolve any dispute that can be or has been referred to arbitration;

(c) publish, or otherwise make available to the public, arbitration decisions or summaries of them.

Director may approve forms

10  (1)  The director may approve forms for the purposes of this Act.

(2)  Deviations from an approved form that do not affect its substance and are not intended to mislead do not invalidate the form used.

Director and staff must not be compelled in civil proceedings

11  The director or any other person employed by the government in the administration of this Act must not be compelled in civil proceedings arising out of a dispute or an arbitration under this Act

(a) to give evidence in respect of matters that come to his or her knowledge in the course of his or her employment, or

(b) to produce records that are in the possession of the director because of the director's powers or duties under this Act.

Part 2 — Residential Tenancies — Rights and Obligations

Division 1 —  Creating a Tenancy Agreement

Tenancy agreements include the standard terms

12  The standard terms are terms of every tenancy agreement

(a) whether the tenancy agreement was entered into on or before, or after, January 1, 2004, and

(b) whether or not the tenancy agreement is in writing.

Requirements for tenancy agreements

13  (1)  A landlord must prepare in writing every tenancy agreement entered into on or after January 1, 2004.

(2)  A tenancy agreement must comply with any requirements prescribed in the regulations and must set out all of the following:

(a) the standard terms;

(b) the correct legal names of the landlord and tenant;

(c) the address of the rental unit;

(d) the date the tenancy agreement is entered into;

(e) the address for service and telephone number of the landlord or the landlord's agent;

(f) the agreed terms in respect of the following:

(i)  the date on which the tenancy starts;

(ii)  if the tenancy is a periodic tenancy, whether it is on a weekly, monthly or other periodic basis;

(iii)  if the tenancy is a fixed term tenancy,

(A)  the date the tenancy ends, and

(B)  whether the tenancy may continue as a periodic tenancy or for another fixed term after that date or whether the tenant must vacate the rental unit on that date;

(iv)  the amount of rent payable for a specified period, and, if the rent varies with the number of occupants, the amount by which it varies;

(v)  the day in the month, or in the other period on which the tenancy is based, on which the rent is due;

(vi)  which services and facilities are included in the rent;

(vii)  the amount of any security deposit or pet damage deposit and the date the security deposit or pet damage deposit was or must be paid.

(3)  Within 21 days after a landlord and tenant enter into a tenancy agreement, the landlord must give the tenant a copy of the agreement.

Changes to tenancy agreement

14  (1)  A tenancy agreement may not be amended to change or remove a standard term.

(2)  A tenancy agreement may be amended to add, remove or change a term, other than a standard term, only if both the landlord and tenant agree to the amendment.

(3)  The requirement for agreement under subsection (2) does not apply to any of the following:

(a) a rent increase in accordance with Part 3 of this Act;

(b) a withdrawal of, or a restriction on, a service or facility in accordance with section 27 [terminating or restricting services or facilities];

(c) a term in respect of which a landlord or tenant has obtained an arbitrator's order that the agreement of the other is not required.

Application and processing fees prohibited

15  A landlord must not charge a person anything for

(a) accepting an application for a tenancy,

(b) processing the application,

(c) investigating the applicant's suitability as a tenant, or

(d) accepting the person as a tenant.

Start of rights and obligations under tenancy agreement

16  The rights and obligations of a landlord and tenant under a tenancy agreement take effect from the date the tenancy agreement is entered into, whether or not the tenant ever occupies the rental unit.

Division 2 —  Other Specific Terms in a Tenancy Agreement

Landlord may require security deposit

17  A landlord may require, in accordance with this Act and the regulations, a tenant to pay a security deposit as a condition of entering into a tenancy agreement or as a term of a tenancy agreement.

Terms respecting pets and pet damage deposits

18  (1)  A tenancy agreement may include terms or conditions doing either or both of the following:

(a) prohibiting pets, or restricting the size, kind or number of pets a tenant may keep on the residential property;

(b) governing a tenant's obligations in respect of keeping a pet on the residential property.

(2)  If, after January 1, 2004, a landlord permits a tenant to keep a pet on the residential property, the landlord may require the tenant to pay a pet damage deposit in accordance with sections 19 [limits on amount of deposits] and 20 [landlord prohibitions respecting deposits].

(3)  This section is subject to the rights and restrictions under the Guide Animal Act.

Limits on amount of deposits

19  (1)  A landlord must not require or accept either a security deposit or a pet damage deposit that is greater than the equivalent of 1/2 of one month's rent payable under the tenancy agreement.

(2)  If a landlord accepts a security deposit or a pet damage deposit that is greater than the amount permitted under subsection (1), the tenant may deduct the overpayment from rent or otherwise recover the overpayment.

Landlord prohibitions respecting deposits

20  A landlord must not do any of the following:

(a) require a security deposit at any time other than when the landlord and tenant enter into the tenancy agreement;

(b) require or accept more than one security deposit in respect of a tenancy agreement;

(c) require a pet damage deposit at any time other than

(i)  when the landlord and tenant enter into the tenancy agreement, or

(ii)  if the tenant acquires a pet during the term of a tenancy agreement, when the landlord agrees that the tenant may keep the pet on the residential property;

(d) require or accept more than one pet damage deposit in respect of a tenancy agreement, irrespective of the number of pets the landlord agrees the tenant may keep on the residential property;

(e) require, or include as a term of a tenancy agreement, that the landlord automatically keeps all or part of the security deposit or the pet damage deposit at the end of the tenancy agreement.

Tenant prohibition respecting deposits

21  Unless the landlord gives written consent, a tenant must not apply a security deposit or a pet damage deposit as rent.

Acceleration term prohibited

22  A tenancy agreement must not include a term that all or part of the rent payable for the remainder of the period of the tenancy agreement becomes due and payable if a term of the tenancy agreement is breached.

Division 3 —  At the Start of a Tenancy

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.

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.

Rekeying locks for new tenants

25  (1)  At the request of a tenant at the start of a new tenancy, the landlord must

(a) rekey or otherwise alter the locks so that keys or other means of access given to the previous tenant do not give access to the rental unit, and

(b) pay all costs associated with the changes under paragraph (a).

(2)  If the landlord already complied with subsection (1) (a) and (b) at the end of the previous tenancy, the landlord need not do so again.

Division 4 —  During a Tenancy

Rules about payment and non-payment of rent

26  (1)  A tenant must pay rent when it is due under the tenancy agreement, whether or not the landlord complies with this Act, the regulations or the tenancy agreement, unless the tenant has a right under this Act to deduct all or a portion of the rent.

(2)  A landlord must provide a tenant with a receipt for rent paid in cash.

(3)  Whether or not a tenant pays rent in accordance with the tenancy agreement, a landlord must not

(a) seize any personal property of the tenant, or

(b) prevent or interfere with the tenant's access to the tenant's personal property.

(4)  Subsection (3) (a) does not apply if

(a) the landlord has a court order authorizing the action, or

(b) the tenant has abandoned the rental unit and the landlord complies with the regulations.

Terminating or restricting services or facilities

27  (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.

(2)  A landlord may terminate or restrict a service or facility, other than one referred to in subsection (1), if the landlord

(a) gives 30 days' written notice, in the approved form, of the termination or restriction, and

(b) reduces the rent in an amount that is equivalent to the reduction in the value of the tenancy agreement resulting from the termination or restriction of the service or facility.

Protection of tenant's right to quiet enjoyment

28  A tenant is entitled to quiet enjoyment including, but not limited to, rights to the following:

(a) reasonable privacy;

(b) freedom from unreasonable disturbance;

(c) exclusive possession of the rental unit subject only to the landlord's right to enter the rental unit in accordance with section 29 [landlord's right to enter rental unit restricted];

(d) use of common areas for reasonable and lawful purposes, free from significant interference.

Landlord's right to enter rental unit restricted

29  (1)  A landlord must not enter a rental unit that is subject to a tenancy agreement for any purpose unless one of the following applies:

(a) the tenant gives permission at the time of the entry or not more than 30 days before the entry;

(b) at least 24 hours and not more than 30 days before the entry, the landlord gives the tenant written notice that includes the following information:

(i)  the purpose for entering, which must be reasonable;

(ii)  the date and the time of the entry, which must be between 8 a.m. and 9 p.m. unless the tenant otherwise agrees;

(c) the landlord provides housekeeping or related services under the terms of a written tenancy agreement and the entry is for that purpose and in accordance with those terms;

(d) the landlord has an arbitrator's order authorizing the entry;

(e) the tenant has abandoned the rental unit;

(f) an emergency exists and the entry is necessary to protect life or property.

(2)  A landlord may inspect a rental unit monthly in accordance with subsection (1) (b).

Tenant's right of access protected

30  (1)  A landlord must not restrict access to residential property by

(a) the tenant of a rental unit that is part of the residential property, or

(b) a person permitted on the residential property by that tenant.

(2)  A landlord must not restrict access to residential property by

(a) a candidate seeking election to the Parliament of Canada, the Legislative Assembly or an office in an election under the Local Government Act, the School Act or the Vancouver Charter, or

(b) the authorized representative of such a person

who is canvassing electors or distributing election material.

Prohibitions on changes to locks and other access

31  (1)  A landlord must not change locks or other means that give access to residential property unless the landlord provides each tenant with new keys or other means that give access to the residential property.

(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.

(2)  A tenant must not change locks or other means that give access to common areas of residential property unless the landlord consents to the change.

(3)  A tenant must not change a lock or other means that gives access to his or her rental unit unless the landlord consents to, or an arbitrator has ordered, the change.

Landlord and tenant obligations to repair and maintain

32  (1)  A landlord must provide and maintain residential property in a state of decoration and repair that

(a) complies with the health, safety and housing standards required by law, and

(b) having regard to the age, character and location of the rental unit, makes it suitable for occupation by a tenant.

(2)  A tenant must maintain reasonable health, cleanliness and sanitary standards throughout the rental unit and the other residential property to which the tenant has access.

(3)  A tenant of a rental unit must repair damage to the rental unit or common areas that is caused by the actions or neglect of the tenant or a person permitted on the residential property by the tenant.

(4)  A tenant is not required to make repairs for reasonable wear and tear.

(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.

Emergency repairs

33  (1)  In this section, "emergency repairs" means repairs that are

(a) urgent,

(b) necessary for the health or safety of anyone or for the preservation or use of residential property, and

(c) made for the purpose of repairing

(i)  major leaks in pipes or the roof,

(ii)  damaged or blocked water or sewer pipes or plumbing fixtures,

(iii)  the primary heating system,

(iv)  damaged or defective locks that give access to a rental unit,

(v)  the electrical systems, or

(vi)  in prescribed circumstances, a rental unit or residential property.

(2)  The landlord must post and maintain in a conspicuous place on residential property, or give to a tenant in writing, the name and telephone number of a person the tenant is to contact for emergency repairs.

(3)  A tenant may have emergency repairs made only when all of the following conditions are met:

(a) emergency repairs are needed;

(b) the tenant has made at least 2 attempts to telephone, at the number provided, the person identified by the landlord as the person to contact for emergency repairs;

(c) following those attempts, the tenant has given the landlord reasonable time to make the repairs.

(4)  A landlord may take over completion of an emergency repair at any time.

(5)  A landlord must reimburse a tenant for amounts paid for emergency repairs if the tenant

(a) claims reimbursement for those amounts from the landlord, and

(b) gives the landlord a written account of the emergency repairs accompanied by a receipt for each amount claimed.

(6)  Subsection (5) does not apply to amounts claimed by a tenant for repairs about which an arbitrator, on application, finds that one or more of the following applies:

(a) the tenant made the repairs before one or more of the conditions in subsection (3) were met;

(b) the tenant has not provided the account and receipts for the repairs as required under subsection (5) (b);

(c) the amounts represent more than a reasonable cost for the repairs;

(d) the emergency repairs are for damage caused primarily by the actions or neglect of the tenant or a person permitted on the residential property by the tenant.

(7)  If a landlord does not reimburse a tenant as required under subsection (5), the tenant may deduct the amount from rent or otherwise recover the amount.

Assignment and subletting

34  (1)  Unless the landlord consents in writing, a tenant must not assign a tenancy agreement or sublet a rental unit.

(2)  If a fixed term tenancy agreement is for 6 months or more, the landlord must not unreasonably withhold the consent required under subsection (1).

(3)  A landlord must not charge a tenant anything for considering, investigating or consenting to an assignment or sublease under this section.

Division 5 —  At the End of a Tenancy

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.

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.

Leaving the rental unit at the end of a tenancy

37  (1)  Unless a landlord and tenant otherwise agree, the tenant must vacate the rental unit by 1 p.m. on the day the tenancy ends.

(2)  When a tenant vacates a rental unit, the tenant must

(a) leave the rental unit reasonably clean, and undamaged except for reasonable wear and tear, and

(b) give the landlord all the keys or other means of access that are in the possession or control of the tenant and that allow access to and within the residential property.

Return of security deposit and pet damage deposit

38  (1)  Except as provided in subsection (3) or (4) (a), within 15 days after the later of

(a) the date the tenancy ends, and

(b) the date the landlord receives the tenant's forwarding address in writing,

the landlord must do one of the following:

(c) repay, as provided in subsection (8), any security deposit or pet damage deposit to the tenant with interest calculated in accordance with the regulations;

(d) file an application for arbitration to make a claim against the security deposit or pet damage deposit.

(2)  Subsection (1) does not apply if the tenant's right to the return of a security deposit or a pet damage deposit has been extinguished under section 24 (1) [tenant fails to participate in start of tenancy inspection] or 36 (1) [tenant fails to participate in end of tenancy inspection].

(3)  A landlord may retain from a security deposit or a pet damage deposit an amount that

(a) an arbitrator has previously ordered the tenant to pay to the landlord, and

(b) at the end of the tenancy remains unpaid.

(4)  A landlord may retain an amount from a security deposit or a pet damage deposit if,

(a) at the end of a tenancy, the tenant agrees in writing the landlord may retain the amount to pay a liability or obligation of the tenant, or

(b) after the end of the tenancy, an arbitrator orders that the landlord may retain the amount.

(5)  The right of a landlord to retain all or part of a security deposit or pet damage deposit under subsection (4) (a) does not apply if the liability of the tenant is in relation to damage and the landlord's right to claim for damage against a security deposit or a pet damage deposit has been extinguished under section 24 (2) [landlord failure to meet start of tenancy condition report requirements] or 36 (2) [landlord failure to meet end of tenancy condition report requirements].

(6)  If a landlord does not comply with subsection (1), the landlord

(a) may not make a claim against the security deposit or any pet damage deposit, and

(b) must pay the tenant double the amount of the security deposit, pet damage deposit, or both, as applicable.

(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.

Landlord may retain deposits if forwarding address not provided

39  Despite any other provision of this Act, if a tenant does not give a landlord a forwarding address in writing within one year after the end of the tenancy,

(a) the landlord may keep the security deposit or the pet damage deposit, or both, and

(b) the right of the tenant to the return of the security deposit or pet damage deposit is extinguished.

Part 3 — What Rent Increases Are Allowed

Meaning of "rent increase"

40  In this Part, "rent increase" does not include an increase in rent that is

(a) for one or more additional occupants, and

(b) is authorized under the tenancy agreement by a term referred to in section 13 (2) (f) (iv) [requirements for tenancy agreements: additional occupants].

Rent increases

41  A landlord must not increase rent except in accordance with this Part.

Timing and notice of rent increases

42  (1)  A landlord must not impose a rent increase for at least 12 months after whichever of the following applies:

(a) if the tenant's rent has not previously been increased, the date on which the tenant's rent was first established under the tenancy agreement;

(b) if the tenant's rent has previously been increased, the effective date of the last rent increase made in accordance with this Act.

(2)  A landlord must give a tenant notice of a rent increase at least 3 months before the effective date of the increase.

(3)  A notice of a rent increase must be in the approved form.

(4)  If a landlord's notice of a rent increase does not comply with subsections (1) and (2), the notice takes effect on the earliest date that does comply.

Amount of rent increase

43  (1)  A landlord may impose a rent increase only up to the amount

(a) calculated in accordance with the regulations, or

(b) ordered by an arbitrator on application under subsection (3).

(2)  A tenant may not apply for arbitration to dispute a rent increase that complies with this Part.

(3)  In the circumstances prescribed in the regulations, a landlord may apply to an arbitrator for approval of a rent increase in an amount that is greater than the amount calculated under the regulations referred to in subsection (1) (a).

(4)  An application under subsection (3) must be in the approved form.

(5)  If a landlord collects a rent increase that does not comply with this Part, the tenant may deduct the increase from rent or otherwise recover the increase.

Part 4 — How to End a Tenancy

Division 1 —  Ending a Tenancy

How a tenancy ends

44  (1)  A tenancy ends only if one or more of the following applies:

(a) the tenant or landlord gives notice to end the tenancy in accordance with one of the following:

(i)  section 45 [tenant's notice];

(ii)  section 46 [landlord's notice: non-payment of rent];

(iii)  section 47 [landlord's notice: cause];

(iv)  section 48 [landlord's notice: end of employment];

(v)  section 49 [landlord's notice: landlord's use of property]

(b) the tenancy agreement is a fixed term tenancy agreement that provides that the tenant will vacate the rental unit on the date specified as the end of the tenancy;

(c) the landlord and tenant agree in writing to end the tenancy;

(d) the tenant vacates or abandons the rental unit;

(e) the tenancy agreement is frustrated;

(f) an arbitrator orders that the tenancy is ended.

(2)  [Repealed 2003-81-37.]

(3)  If, on the date specified as the end of a fixed term tenancy agreement that does not require the tenant to vacate the rental unit on that date, the landlord and tenant have not entered into a new tenancy agreement, the landlord and tenant are deemed to have renewed the tenancy agreement as a month to month tenancy on the same terms.

Tenant's notice

45  (1)  A tenant may end a periodic tenancy by giving the landlord notice to end the tenancy effective on a date that

(a) is not earlier than one month after the date the landlord receives the notice, and

(b) is the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.

(2)  A tenant may end a fixed term tenancy by giving the landlord notice to end the tenancy effective on a date that

(a) is not earlier than one month after the date the landlord receives the notice,

(b) is not earlier than the date specified in the tenancy agreement as the end of the tenancy, and

(c) is the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.

(3)  If a landlord breaches a material term, the tenant may end the tenancy by giving the landlord notice to end the tenancy effective on a date that is after the date the landlord receives the notice.

(4)  A notice to end a tenancy given under this section must comply with section 52 [form and content of notice to end tenancy].

Landlord's notice: non-payment of rent

46  (1)  A landlord may end a tenancy if rent is unpaid on any day after the day it is due, by giving notice to end the tenancy effective on a date that is not earlier than 10 days after the date the tenant receives the notice.

(2)  A notice under this section must comply with section 52 [form and content of notice to end tenancy].

(3)  A notice under this section has no effect if the amount of rent that is unpaid is an amount the tenant is permitted under this Act to deduct from rent.

(4)  Within 5 days after receiving a notice under this section, the tenant may

(a) pay the overdue rent, in which case the notice has no effect, or

(b) dispute the notice by applying for arbitration.

(5)  If a tenant who has received a notice under this section does not pay the rent or apply for arbitration in accordance with subsection (4), the tenant

(a) is conclusively presumed to have accepted that the tenancy ends on the effective date of the notice, and

(b) must vacate the rental unit to which the notice relates by that date.

(6)  If

(a) a tenancy agreement requires the tenant to pay utility charges to the landlord, and

(b) the utility charges are unpaid more than 30 days after the tenant is given a written demand for payment of them,

the landlord may treat the unpaid utility charges as unpaid rent and may give notice under this section.

Landlord's notice: cause

47  (1)  A landlord may end a tenancy by giving notice to end the tenancy if one or more of the following applies:

(a) the tenant does not pay the security deposit or pet damage deposit within 30 days of the date it is required to be paid under the tenancy agreement;

(b) the tenant is repeatedly late paying rent;

(c) there are an unreasonable number of occupants in a rental unit;

(d) the tenant or a person permitted on the residential property by the tenant has

(i)  significantly interfered with or unreasonably disturbed another occupant or the landlord of the residential property,

(ii)  seriously jeopardized the health or safety or a lawful right or interest of the landlord or another occupant, or

(iii)  put the landlord's property at significant risk;

(e) the tenant or a person permitted on the residential property by the tenant has engaged in illegal activity that

(i)  has caused or is likely to cause damage to the landlord's property,

(ii)  has adversely affected or is likely to adversely affect the quiet enjoyment, security, safety or physical well-being of another occupant of the residential property, or

(iii)  has jeopardized or is likely to jeopardize a lawful right or interest of another occupant or the landlord;

(f) the tenant or a person permitted on the residential property by the tenant has caused extraordinary damage to a rental unit or residential property;

(g) the tenant does not repair damage to the rental unit or other residential property, as required under section 32 (3) [obligations to repair and maintain], within a reasonable time;

(h) the tenant

(i)  has failed to comply with a material term, and

(ii)  has not corrected the situation within a reasonable time after the landlord gives written notice to do so;

(i) the tenant purports to assign the tenancy agreement or sublet the rental unit without first obtaining the landlord's written consent as required by section 34 [assignment and subletting];

(j) the tenant knowingly gives false information about the residential property to a prospective tenant or purchaser viewing the residential property;

(k) the rental unit must be vacated to comply with an order of a federal, British Columbia, regional or municipal government authority;

(l) the tenant has not complied with an order of an arbitrator within 30 days of the later of the following dates:

(i)  the date the tenant receives the order;

(ii)  the date specified in the order for the tenant to comply with the order.

(2)  A notice under this section must end the tenancy effective on a date that is

(a) not earlier than one month after the date the notice is received, and

(b) the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.

(3)  A notice under this section must comply with section 52 [form and content of notice to end tenancy].

(4)  A tenant may dispute a notice under this section by applying for arbitration within 10 days after the date the tenant receives the notice.

(5)  If a tenant who has received a notice under this section does not apply for arbitration in accordance with subsection (4), the tenant

(a) is conclusively presumed to have accepted that the tenancy ends on the effective date of the notice, and

(b) must vacate the rental unit by that date.

Landlord's notice: end of employment with the landlord

48  (1)  A landlord may end the tenancy of a person employed as a caretaker, manager or superintendent of the residential property of which the rental unit is a part by giving notice to end the tenancy if

(a) the rental unit was rented or provided to the tenant for the term of his or her employment,

(b) the tenant's employment as a caretaker, manager or superintendent is ended, and

(c) the landlord intends in good faith to rent or provide the rental unit to a new caretaker, manager or superintendent.

(2)  An employer may end the tenancy of an employee in respect of a rental unit rented or provided by the employer to the employee to occupy during the term of employment by giving notice to end the tenancy if the employment is ended.

(3)  A notice under this section must end the tenancy effective on a date that is

(a) not earlier than one month after the date the tenant receives the notice,

(b) not earlier than the last day the tenant is employed by the landlord, and

(c) the day before the day in the month, or in the other period on which the tenancy is based, that rent, if any, is payable under the tenancy agreement.

(4)  A notice under this section must comply with section 52 [form and content of notice to end tenancy].

(5)  A tenant may dispute a notice under this section by applying for arbitration within 10 days after the date the tenant receives the notice.

(6)  If a tenant who has received a notice under this section does not apply for arbitration in accordance with subsection (5), the tenant

(a) is conclusively presumed to have accepted that the tenancy ends on the effective date of the notice, and

(b) must vacate the rental unit by that date.

Landlord's notice: landlord's use of property

49  (1)  In this section:

"close family member" means, in relation to an individual,

(a) the individual's father, mother, spouse or child, or

(b) the father, mother or child of that individual's spouse;

"family corporation" means a corporation in which all the voting shares are owned by

(a) one individual, or

(b) one individual plus one or more of that individual's brother, sister or close family members;

"landlord" means

(a) for the purposes of subsection (3), an individual who

(i)  at the time of giving the notice, has a reversionary interest in the rental unit exceeding 3 years, and

(ii)  holds not less than 1/2 of the full reversionary interest, and

(b) for the purposes of subsection (4), a family corporation that

(i)  at the time of giving the notice, has a reversionary interest in the rental unit exceeding 3 years, and

(ii)  holds not less than 1/2 of the full reversionary interest;

"purchaser", for the purposes of subsection (5), means a purchaser that has agreed to purchase at least 1/2 of the full reversionary interest in the rental unit.

(2)  Subject to section 51 [tenant's compensation: section 49 notice], a landlord may end a tenancy for a purpose referred to in subsection (3), (4), (5) or (6) by giving notice to end the tenancy effective on a date that must be

(a) not earlier than 2 months after the date the tenant receives the notice,

(b) the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement, and

(c) if the tenancy agreement is a fixed term tenancy agreement, not earlier than the date specified as the end of the tenancy.

(3)  A landlord who is an individual may end a tenancy in respect of a rental unit if the landlord or a close family member of the landlord intends in good faith to occupy the rental unit.

(4)  A landlord that is a family corporation may end a tenancy in respect of a rental unit if a person owning voting shares in the corporation, or a close family member of that person, intends in good faith to occupy the rental unit.

(5)  A landlord may end a tenancy in respect of a rental unit if

(a) the landlord enters into an agreement in good faith to sell the rental unit,

(b) all the conditions on which the sale depends have been satisfied, and

(c) the purchaser asks the landlord, in writing, to give notice to end the tenancy on one of the following grounds:

(i)  the purchaser is an individual and the purchaser, or a close family member of the purchaser, intends in good faith to occupy the rental unit;

(ii)  the purchaser is a family corporation and a person owning voting shares in the corporation, or a close family member of that person, intends in good faith to occupy the rental unit.

(6)  A landlord may end a tenancy in respect of a rental unit if the landlord has all the necessary permits and approvals required by law, and intends in good faith, to do any of the following:

(a) demolish the rental unit;

(b) renovate or repair the rental unit in a manner that requires the rental unit to be vacant;

(c) convert the residential property to strata lots under the Strata Property Act;

(d) convert the residential property into a not for profit housing cooperative under the Cooperative Association Act;

(e) convert the rental unit for use by a caretaker, manager or superintendent of the residential property;

(f) convert the rental unit to a non-residential use.

(7)  A notice under this section must comply with section 52 [form and content of notice to end tenancy].

(8)  A tenant may dispute a notice under this section by applying for arbitration within 15 days after the date the tenant receives the notice.

(9)  If a tenant who has received a notice under this section does not apply for arbitration in accordance with subsection (8), the tenant

(a) is conclusively presumed to have accepted that the tenancy ends on the effective date of the notice, and

(b) must vacate the rental unit by that date.

Tenant may end tenancy early following notice under section 49

50  (1)  If a landlord gives a tenant notice to end a periodic tenancy under section 49 [landlord's use of property], the tenant may end the tenancy early by

(a) giving the landlord at least 10 days' written notice to end the tenancy on a date that is earlier than the effective date of the landlord's notice, and

(b) paying the landlord, on the date the tenant's notice is given, the proportion of the rent due to the effective date of the tenant's notice, unless subsection (2) applies.

(2)  If the tenant paid rent before giving a notice under subsection (1), on receiving the tenant's notice, the landlord must refund any rent paid for a period after the effective date of the tenant's notice.

(3)  A notice under this section does not affect the tenant's right to compensation under section 51 [tenant's compensation: section 49 notice].

Tenant's compensation: section 49 notice

51  (1)  A landlord who gives a tenant notice to end a tenancy under section 49 [landlord's use of property] must pay the tenant, on or before the effective date of the notice, an amount that is equivalent to one month's rent payable under the tenancy agreement.

(2)  In addition to the amount payable under subsection (1), if

(a) steps have not been taken to accomplish the stated purpose for ending the tenancy under section 49 within a reasonable period after the effective date of the notice, or

(b) the rental unit is not used for that stated purpose for at least 6 months beginning within a reasonable period after the effective date of the notice,

the landlord, or the purchaser, as applicable under section 49, must pay the tenant an amount that is the equivalent of double the monthly rent payable under the tenancy agreement.

Form and content of notice to end tenancy

52  In order to be effective, a notice to end a tenancy must be in writing and must

(a) be signed and dated by the landlord or tenant giving the notice,

(b) give the address of the rental unit,

(c) state the effective date of the notice,

(d) except for a notice under section 45 (1) or (2) [tenant's notice], state the grounds for ending the tenancy, and

(e) when given by a landlord, be in the approved form.

Incorrect effective dates automatically changed

53  (1)  If a landlord or tenant gives notice to end a tenancy effective on a date that does not comply with this Division, the notice is deemed to be changed in accordance with subsection (2) or (3), as applicable.

(2)  If the effective date stated in the notice is earlier than the earliest date permitted under the applicable section, the effective date is deemed to be the earliest date that complies with the section.

(3)  In the case of a notice to end a tenancy, other than a notice under section 45 (3) [tenant's notice: landlord breach of material term], 46 [landlord's notice: non-payment of rent] or 50 [tenant may end tenancy early], if the effective date stated in the notice is any day other than the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement, the effective date is deemed to be the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement

(a) that complies with the required notice period, or

(b) if the landlord gives a longer notice period, that complies with that longer notice period.

Division 2 —  Order of Possession of Rental Unit

Order of possession for the tenant

54  (1)  A tenant who has entered into a tenancy agreement with a landlord may request an order of possession of the rental unit by applying for arbitration.

(2)  An arbitrator may grant an order of possession under this section before or after the date on which the tenant is entitled to occupy the rental unit under the tenancy agreement, and the order is effective on the date specified by the arbitrator.

(3)  The date specified under subsection (2) may not be earlier than the date the tenant is entitled to occupy the rental unit.

Order of possession for the landlord

55  (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.

(2)  A landlord may request an order of possession of a rental unit in any of the following circumstances by applying for arbitration:

(a) a notice to end the tenancy has been given by the tenant;

(b) a notice to end the tenancy has been given by the landlord, the tenant has not disputed the notice by applying for arbitration and the time for making that application has expired;

(c) the tenancy agreement is a fixed term tenancy agreement that provides that the tenant will vacate the rental unit at the end of the fixed term;

(d) the landlord and tenant have agreed in writing that the tenancy is ended.

(3)  An arbitrator may grant an order of possession before or after the date when a tenant is required to vacate a rental unit, and the order takes effect on the date specified in the order.

Landlord's application for order ending tenancy early

56  (1)  A landlord may apply for arbitration to request an order

(a) ending a tenancy on a date that is earlier than the tenancy would end if notice to end the tenancy were given under section 47 [landlord's notice: cause], and

(b) granting the landlord an order of possession in respect of the rental unit.

(2)  An arbitrator may make an order specifying the date on which the tenancy ends and the effective date of the order of possession only if satisfied that

(a) the tenant or a person permitted on the residential property by the tenant has done any of the following:

(i)  significantly interfered with or unreasonably disturbed another occupant or the landlord of the residential property;

(ii)  seriously jeopardized the health or safety or a lawful right or interest of the landlord or another occupant;

(iii)  put the landlord's property at significant risk;

(iv)  engaged in illegal activity that

(A)  has caused or is likely to cause damage to the landlord's property,

(B)  has adversely affected or is likely to adversely affect the quiet enjoyment, security, safety or physical well-being of another occupant of the residential property, or

(C)  has jeopardized or is likely to jeopardize a lawful right or interest of another occupant or the landlord;

(v)  caused extraordinary damage to the residential property, and

(b) it would be unreasonable, or unfair to the landlord or other occupants of the residential property, to wait for a notice to end the tenancy under section 47 [landlord's notice: cause] to take effect.

(3)  If an order is made under this section, it is unnecessary for the landlord to give the tenant a notice to end the tenancy.

What happens if a tenant does not leave when tenancy ended

57  (1)  In this section:

"new tenant" means a tenant who has entered into a tenancy agreement in respect of a rental unit but who is prevented from occupying the rental unit by an overholding tenant;

"overholding tenant" means a tenant who continues to occupy a rental unit after the tenant's tenancy is ended.

(2)  The landlord must not take actual possession of a rental unit that is occupied by an overholding tenant unless the landlord has a writ of possession issued under the Supreme Court Rules.

(3)  A landlord may claim compensation from an overholding tenant for any period that the overholding tenant occupies the rental unit after the tenancy is ended.

(4)  If a landlord is entitled to claim compensation from an overholding tenant under subsection (3) and a new tenant brings proceedings against the landlord to enforce his or her right to possess or occupy the rental unit that is occupied by the overholding tenant, the landlord may apply to add the overholding tenant as a party to the proceedings.

Part 5 — Resolving Disputes

Division 1 —  Arbitration Proceedings

Arbitration of disputes

58  (1)  Except as restricted under this Act, a dispute between a landlord and tenant in respect of any of the following may be resolved by applying for arbitration:

(a) rights, obligations and prohibitions under this Act;

(b) rights and obligations under the terms of a tenancy agreement that

(i)  are required or prohibited under this Act, or

(ii)  relate to

(A)  the tenant's use, occupation or maintenance of the rental unit, or

(B)  the use of common areas or services or facilities.

(2)  Except as provided in subsection (4), a dispute about a right, obligation or prohibition referred to in subsection (1) that cannot be resolved between the landlord and tenant must be submitted to arbitration unless

(a) the claim is for more than the monetary limit for claims under the Small Claims Act,

(b) the application was not filed within the applicable period specified under this Act, or

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

(3)  Except as provided in subsection (4), a court does not have and must not exercise any jurisdiction in respect of a matter that must be submitted to arbitration under this Act.

(4)  The Supreme Court may

(a) on application, hear a dispute referred to in subsection (2) (a) or (c), and

(b) on hearing the dispute, make any order that an arbitrator may make under this Act.

(5)  The Commercial Arbitration Act does not apply to an arbitration under this Act.

Starting arbitration proceedings

59  (1)  An arbitration is started by a landlord or a tenant filing an application for arbitration with the director.

(2)  An application for arbitration must

(a) be in the approved form,

(b) include full particulars of the dispute that is to be the subject of the arbitration, and

(c) be accompanied by the fee prescribed in the regulations.

(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.

(4)  The director may waive or reduce the fee if satisfied that

(a) the applicant cannot reasonably afford to pay the fee, or

(b) the circumstances do not warrant the fee being collected.

(5)  The director may refuse to accept an application for arbitration if

(a) in the director's opinion, the application does not disclose a dispute that may be arbitrated under this Act,

(b) the applicant owes outstanding fees under this Act to the government, or

(c) the application does not comply with subsection (2).

(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.

Latest time arbitration applications can be filed

60  (1)  If this Act does not state a time by which an application for arbitration must be filed, it must be filed within 2 years of the date that the tenancy to which the matter relates ends or is assigned.

(2)  Despite the Limitation Act, if an application for arbitration is not filed within the 2 year period, a claim arising under this Act or the tenancy agreement in relation to the tenancy ceases to exist for all purposes except as provided in subsection (3).

(3)  If an application for arbitration is filed by a landlord or tenant within the applicable limitation period under this Act, the other party to the arbitration may file an application for arbitration in respect of a different dispute between the same parties after the applicable limitation period but before the arbitration in respect of the first application is concluded.

Designation of arbitrator

61  (1)  If an application for arbitration is properly completed and is accepted by the director, the director must

(a) designate an arbitrator,

(b) refer the dispute to the arbitrator, and

(c) specify the date, time and place of the arbitration hearing.

(2)  If the director considers it appropriate, he or she may designate a different arbitrator under subsection (1) to arbitrate a dispute that was previously referred to an arbitrator.

Arbitrator's authority

62  (1)  An arbitrator has authority to arbitrate

(a) a dispute referred by the director to the arbitrator, and

(b) any matters related to that dispute that arise under this Act or a tenancy agreement.

(2)  An arbitrator may make any finding of fact or law that is necessary or incidental to making a decision or an order under this Act.

(3)  An arbitrator may make any order necessary to give effect to the rights, obligations and prohibitions under this Act, including an order that a landlord or tenant comply with this Act, the regulations or a tenancy agreement and an order that this Act applies.

(4)  An arbitrator may dismiss all or a part of an application if

(a) there are no reasonable grounds for the application or the part,

(b) the application or part does not disclose a dispute that may be arbitrated under this Act, or

(c) the application or part is frivolous or an abuse of the arbitration process.

(5)  If the director designates a different arbitrator under section 61 (2) [change in arbitrator] to arbitrate a dispute, the arbitrator to whom the dispute was previously referred ceases to have authority in relation to the matter.

Opportunity to settle dispute

63  (1)  An arbitrator may assist the parties, or offer the parties an opportunity, to settle their dispute.

(2)  If the parties settle their dispute during arbitration proceedings, the arbitrator may record the settlement in the form of a decision or an order.

General powers and duties of arbitrators

64  (1)  Before making a decision or an order, an arbitrator must consider any applicable policy guidelines established by the director for the purposes of assisting arbitrators in applying this Act and encouraging consistency of decision making.

(2)  An arbitrator must make each decision or order on the merits of the case as disclosed by the evidence admitted and is not bound to follow other arbitration decisions under this Act.

(3)  Subject to the rules of procedure established under section 9 (3) [director's responsibilities], an arbitrator may

(a) deal with any procedural issue that arises,

(b) make interim or temporary orders, and

(c) amend, or permit to be amended, an application for arbitration.

(4)  If, in an arbitrator's opinion, another tenant of a landlord who is a party to an arbitration will be or is likely to be materially affected by the outcome of the arbitration, the arbitrator may

(a) order that the other tenant be given notice of the arbitration, and

(b) provide that other tenant with an opportunity to be heard in the arbitration.

Arbitrator orders: breach of Act, regulations or tenancy agreement

65  (1)  Without limiting the general authority in section 62 (3) [arbitrator's authority], if an arbitrator finds that a landlord or tenant has not complied with the Act, the regulations or a tenancy agreement, the arbitrator may make any of the following orders:

(a) that a tenant must pay rent to the director, who must hold the rent in trust or pay it out, as directed by an arbitrator, for the costs of complying with this Act, the regulations or a tenancy agreement in relation to maintenance or repairs or services or facilities;

(b) that a tenant must deduct an amount from rent to be expended on maintenance or a repair, or on a service or facility, as ordered by the arbitrator;

(c) that any money paid by a tenant to a landlord must be

(i)  repaid to the tenant,

(ii)  deducted from rent, or

(iii)  treated as a payment of an obligation of the tenant to the landlord other than rent;

(d) that any money owing by a tenant or a landlord to the other must be paid;

(e) that personal property seized or received by a landlord contrary to this Act or a tenancy agreement must be returned;

(f) that past or future rent must be reduced by an amount that is equivalent to a reduction in the value of a tenancy agreement;

(g) that a tenancy agreement may be assigned or a rental unit may be sublet if the landlord's consent has been unreasonably withheld contrary to section 34 (2) [assignment and subletting].

(2)  The director, in accordance with the regulations, must recover from a trust referred to in subsection (1) (a) the costs incurred in carrying out the order referred to in that subsection.

(3)  When the purposes of an order referred to in subsection (1) (a) have been accomplished, the director must pay to the landlord, in accordance with the regulations, any amount of rent remaining in the trust, together with interest if interest is payable under the regulations.

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.

Arbitrator orders: compensation for damage or loss

67  Without limiting the general authority in section 62 (3) [arbitrator's authority], if damage or loss results from a party not complying with this Act, the regulations or a tenancy agreement, an arbitrator may determine the amount of, and order that party to pay, compensation to the other party.

Arbitrator orders: notice to end tenancy

68  (1)  If a notice to end a tenancy does not comply with section 52 [form and content of notice to end tenancy], an arbitrator may amend the notice if satisfied that

(a) the person receiving the notice knew, or should have known, the information that was omitted from the notice, and

(b) in the circumstances, it is reasonable to amend the notice.

(2)  Without limiting section 62 (3) [arbitrator's authority], an arbitrator may, in accordance with this Act,

(a) order that a tenancy ends on a date other than the effective date shown on the notice to end the tenancy, or

(b) set aside or amend a notice given under this Act that does not comply with the Act.

Arbitrator orders: rent increases

69  If an arbitrator is satisfied that circumstances prescribed for the purposes of section 43 (3) [amount of rent increase] apply, the arbitrator may order that a landlord is permitted to increase rent by an amount that is

(a) greater than the amount calculated under the regulations for the purpose of section 43 (1) (a), and

(b) not greater than the maximum rent increase authorized by the regulations prescribed for the purpose of this section.

Arbitrator orders: landlord's right to enter rental unit

70  (1)  An arbitrator, by order, may suspend or set conditions on a landlord's right to enter a rental unit under section 29 [landlord's right to enter rental unit restricted].

(2)  If satisfied that a landlord is likely to enter a rental unit other than as authorized under section 29, the arbitrator, by order, may

(a) authorize the tenant to change the locks, keys or other means that allow access to the rental unit, and

(b) prohibit the landlord from replacing those locks or obtaining keys or by other means obtaining entry into the rental unit.

Arbitrator orders: delivery and service of documents

71  (1)  An arbitrator may order that a notice, order, process or other document may be served by substituted service in accordance with the order.

(2)  In addition to the authority under subsection (1), an arbitrator may make any of the following orders:

(a) that a document must be served in a manner the arbitrator considers necessary, despite sections 88 [how to give or serve documents generally] and 89 [special rules for certain documents];

(b) that a document has been sufficiently served for the purposes of this Act on a date the arbitrator specifies;

(c) that a document not served in accordance with section 88 or 89 is sufficiently given or served for purposes of this Act.

Arbitrator orders: fees and monetary orders

72  (1)  An arbitrator may order payment or repayment of a fee under section 59 (2) (c) [starting arbitration proceedings] or 79 (3) (b) [application for review of arbitrator's decision] by one party to an arbitration to another party or to the director.

(2)  If an arbitrator orders a party to an arbitration to pay any amount to the other, including an amount under subsection (1), the amount may be deducted

(a) in the case of payment from a landlord to a tenant, from any rent due to the landlord, and

(b) in the case of payment from a tenant to a landlord, from any security deposit or pet damage deposit due to the tenant.

Director may schedule arbitrations together

73  (1)  If 2 or more applications for arbitration are accepted in respect of related disputes with the same landlord, the director may schedule the arbitrations to be heard by a single arbitrator at the same time.

(2)  If 2 or more applications for arbitration are accepted in respect of disputes between the same landlord and tenant, the director may schedule the arbitrations to be heard by a single arbitrator.

How an arbitration is to be conducted

74  (1)  Subject to the rules of procedure established under section 9 (3) [director's responsibilities], an arbitrator may conduct an arbitration hearing in the manner he or she considers appropriate.

(2)  An arbitrator may hold a hearing

(a) in person,

(b) in writing,

(c) by telephone, video conference or other electronic means, or

(d) by any combination of the methods under paragraphs (a) to (c).

(3)  An arbitrator may administer oaths for the purposes of this Act.

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

Rules of evidence do not apply

75  An arbitrator may admit as evidence, whether or not it would be admissible under the laws of evidence, any oral or written testimony or any record or thing that the arbitrator considers to be

(a) necessary and appropriate, and

(b) relevant to the arbitration.

Arbitrator may require persons to attend and produce documents

76  (1)  On the request of a party or on the arbitrator's own initiative, an arbitrator may issue a summons requiring a person

(a) to attend an arbitration hearing or proceeding and give evidence, or

(b) to produce before the arbitrator documents or any other thing relating to the subject matter of the arbitration.

(2)  A party who requests that a summons be issued under subsection (1) must provide conduct money for the witness in accordance with the rules of procedure established under section 9 (3) [director's responsibilities].

(3)  If a person named in and served with a summons under subsection (1) does not comply with the summons, the person is liable, on application to the Supreme Court, to be committed for contempt as if in breach of a judgment or an order of the Supreme Court.

Arbitrator's decision

77  (1)  A decision of an arbitrator must

(a) be in writing,

(b) be signed and dated by the arbitrator,

(c) include the reasons for the decision, and

(d) be given promptly and in any event within 30 days after the proceedings conclude.

(2)  An arbitrator does not lose authority in an arbitration, nor is the validity of a decision affected, if a decision is given after the 30 day period in subsection (1) (d).

(3)  Except as otherwise provided in this Act, a decision or an order of an arbitrator is final and binding on the parties.

Correction or clarification of decisions or orders

78  (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.

(2)  A request referred to in subsection (1.1) (b) may be made without notice to another party, but the arbitrator may order that another party be given notice.

(3)  An arbitrator must not act under this section unless the arbitrator considers it just and reasonable to do so in all the circumstances.

Division 1.1 —  Application of Administrative Tribunals Act

Application of Administrative Tribunals Act

78.1  Sections 1, 30, 44, 48, 56 to 58 and 61 of the Administrative Tribunals Act apply to an arbitration and an arbitrator.

Division 2 —  Review of Decisions and Orders

Application for review of arbitrator's decision or order

79  (1)  A party to an arbitration may apply to the director for a review of the arbitrator's decision or order.

(2)  A decision or an order of an arbitrator may be reviewed only on one or more of the following grounds:

(a) a party was unable to attend the original hearing because of circumstances that could not be anticipated and were beyond the party's control;

(b) a party has new and relevant evidence that was not available at the time of the original hearing;

(c) a party has evidence that the arbitrator's decision or order was obtained by fraud.

(3)  An application for review of an arbitrator's decision or order

(a) must be made in the approved form and in the manner approved by the director,

(b) must be accompanied by the fee prescribed in the regulations,

(c) must be accompanied by full particulars of the grounds for review and the evidence on which the applicant intends to rely, and

(d) may be made without notice to any other party.

(4)  The director may waive or reduce the fee if satisfied that

(a) the applicant cannot reasonably afford to pay the fee, or

(b) the circumstances do not warrant the fee being collected.

(5)  The director may refuse to accept an application for review of an arbitrator's decision or order if the application does not comply with subsection (3).

(6)  If the director accepts an application for review of an arbitrator's decision or order, the director must designate the original arbitrator to consider the application unless the original arbitrator is not available or the director considers it appropriate to designate a different arbitrator.

(7)  A party to an arbitration may make an application under this section only once in respect of the arbitration.

Time limit to apply for a review

80  A party must make an application for review of an arbitrator's decision or order within whichever of the following periods applies:

(a) within 2 days after a copy of the decision or order is received by the party, if the decision or order relates to

(i)  the unreasonable withholding of consent, contrary to section 34 (2) [assignment and subletting], by a landlord to an assignment or subletting,

(ii)  a notice to end a tenancy under section 46 [landlord's notice: non-payment of rent], or

(iii)  an order of possession under section 54 [order of possession for the tenant], 55 [order of possession for the landlord] or 56 [landlord's application for order ending tenancy early];

(b) within 5 days after a copy of the decision or order is received by the party, if the decision or order relates to

(i)  repairs or maintenance under section 32 [obligations to repair and maintain],

(ii)  services or facilities under section 27 [terminating or restricting services or facilities], or

(iii)  a notice to end a tenancy agreement other than under section 46 [landlord's notice: non-payment of rent];

(c) within 15 days after a copy of the decision or order is received by the party, for a matter not referred to in paragraph (a) or (b).

Decision on application for review

81  (1)  At any time after an application for review of an arbitrator's decision or order is made, the arbitrator designated to conduct the review may dismiss or refuse to consider the application for one or more of the following reasons:

(a) the issue raised by the application can be dealt with by a correction, clarification or otherwise under section 78 [correction or clarification of decisions or orders];

(b) the application

(i)  does not give full particulars of the issues submitted for review or of the evidence on which the applicant intends to rely,

(ii)  does not disclose sufficient evidence of a ground for the review,

(iii)  discloses no basis on which, even if the submissions in the application were accepted, the decision or order of the arbitrator should be set aside or varied, or

(iv)  is frivolous or an abuse of process;

(c) the applicant fails to pursue the application diligently or does not follow an order made in the course of the review.

(2)  A decision under subsection (1) may be based solely on the written submissions of the applicant.

(3)  The arbitrator designated to review a decision or an order may order that the decision or order be suspended, with or without conditions, until the review has been completed and a decision given to the parties.

(4)  Within 3 days of receiving a decision to proceed with a review, or within a different period specified by the arbitrator, the applicant must give the other party a copy of the decision and of any order giving effect to the decision.

Review of arbitration decision or order

82  (1)  If the arbitrator designated to review a decision or an order decides that there are sufficient grounds to review the decision or order, the arbitrator must review the decision or order.

(2)  The arbitrator designated to review the decision or order may conduct the review

(a) based solely on the record of the original arbitration and any written submissions of the parties,

(b) by reconvening the arbitration, or

(c) by conducting a new arbitration.

(3)  Following the review, the arbitrator may confirm, vary or set aside the original decision or order.

Powers of the arbitrator who conducts a review

83  An arbitrator who conducts a review has all the powers and duties of an arbitrator in an original arbitration.

Division 3 —  Enforcement of Arbitration Orders

Arbitration orders may be filed in Supreme Court

84  (1)  A decision or an order of an arbitrator may be filed in the Supreme Court and enforced as a judgment or an order of that court after

(a) a review of the arbitrator's decision or order has been

(i)  refused or dismissed, or

(ii)  concluded, or

(b) the time period to apply for a review has expired.

(2)  Subsection (1) applies whether the decision or order is interim, temporary or final.

Exclusive jurisdiction of arbitrator

84.1  (1)  An arbitrator has exclusive jurisdiction to inquire into, hear and determine all those matters and questions of fact, law and discretion arising or required to be determined in an arbitration proceeding under Division 1 of this Part or a review under Division 2 of this Part and to make any order permitted to be made.

(2)  A decision or order of an arbitrator under this Act on a matter in respect of which the arbitrator has exclusive jurisdiction is final and conclusive and is not open to question or review in any court.

Certain arbitration orders may be filed in Provincial Court

85  (1)  This section applies to a decision or an order of an arbitrator if

(a) the decision or order is for financial compensation or the return of personal property, and

(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.

(2)  A decision or an order described in subsection (1) may be filed in the Provincial Court and enforced as a judgment or an order of that court after

(a) a review of the arbitrator's decision or order has been

(i)  refused or dismissed, or

(ii)  concluded, or

(b) the time period to apply for a review has expired.

Division 4 —  Administration of the Arbitration System

Appointment of arbitrators

86  (1)  The minister may appoint individuals as arbitrators for the purposes of this Act.

(2)  An arbitrator may be appointed to hold office for an initial term of 2 to 4 years and may be reappointed for additional terms of up to 5 years.

(3)  An individual is not eligible for appointment as an arbitrator unless

(a) he or she has successfully completed a merit based process established or approved by the director, or

(b) he or she has previously been appointed as an arbitrator under this Act.

(4)  An arbitrator must be

(a) paid fees in the amount and manner specified by the director, and

(b) reimbursed for reasonable travelling and out of pocket expenses necessarily incurred in the performance of duties or exercise of powers under this Act.

(5)  An arbitrator is not an employee of the government.

(6)  After an arbitrator resigns his or her appointment or after his or her term of office expires, the arbitrator may

(a) make a decision or an order in an arbitration to which he or she was designated while holding office,

(b) continue with the hearing of any matter referred to in paragraph (a),

(c) exercise the jurisdiction to correct or clarify a decision or an order under section 78 [correction or clarification of decisions or orders], and

(d) if designated by the director, consider an application for review of his or her own decision or order or conduct the review.

(7)  If a former arbitrator makes a decision or an order, or exercises a jurisdiction, under subsection (6), the decision, order or exercise of jurisdiction is valid and effective as though the arbitrator still held office.

(8)  Despite subsections (1) to (3), if the director considers it necessary because of special circumstances in relation to a specific arbitration, the director may appoint an individual whom the director considers qualified as an arbitrator for the purposes of the specific arbitration.

Arbitrator's absence or incapacitation

86.1  If an arbitrator is absent or incapacitated for an extended period of time or expects to be absent for an extended period of time, the minister, after consultation with the director, may appoint another person, who would otherwise be qualified for appointment as an arbitrator, to replace the arbitrator until the arbitrator returns to duty or the arbitrator's term expires, whichever comes first.

Temporary, non-renewable appointments

86.2  (1)  If additional arbitrators are required, the director may appoint an individual, who would otherwise be qualified for appointment as an arbitrator, to be an arbitrator for up to 6 months.

(2)  Under subsection (1), an individual may be appointed to be an arbitrator only once in any 2 year period.

(3)  The minister may establish conditions and qualifications for appointments under subsection (1).

Termination for cause

86.3  The minister may terminate the appointment of an arbitrator for cause.

Compulsion protection

87  (1)  An arbitrator must not be required to testify or produce evidence in any proceeding, other than a criminal proceeding, about records or information obtained in the discharge of duties under this Act.

(2)  Despite subsection (1), the court may require the director to produce the record of a proceeding that is the subject of an application for judicial review under the Judicial Review Procedure Act.

Part 6 — General Matters

Division 1 —  How to Give or Serve Documents

How to give or serve documents generally

88  All documents, other than those referred to in section 89 [special rules for certain documents], that are required or permitted under this Act to be given to or served on a person must be given or served in one of the following ways:

(a) by leaving a copy with the person;

(b) if the person is a landlord, by leaving a copy with an agent of the landlord;

(c) by sending a copy by ordinary mail or registered mail to the address at which the person resides or, if the person is a landlord, to the address at which the person carries on business as a landlord;

(d) if the person is a tenant, by sending a copy by ordinary mail or registered mail to a forwarding address provided by the tenant;

(e) by leaving a copy at the person's residence with an adult who apparently resides with the person;

(f) by leaving a copy in a mail box or mail slot for the address at which the person resides or, if the person is a landlord, for the address at which the person carries on business as a landlord;

(g) by attaching a copy to a door or other conspicuous place at the address at which the person resides or, if the person is a landlord, at the address at which the person carries on business as a landlord;

(h) by transmitting a copy to a fax number provided as an address for service by the person to be served;

(i) as ordered by an arbitrator under section 71 (1) [arbitrator orders: delivery and service of documents];

(j) by any other means of service prescribed in the regulations.

Special rules for certain documents

89  (1)  An application for arbitration or an arbitrator's decision to proceed with a review of an arbitrator's decision, when required to be given to one party by another, must be given in one of the following ways:

(a) by leaving a copy with the person;

(b) if the person is a landlord, by leaving a copy with an agent of the landlord;

(c) by sending a copy by registered mail to the address at which the person resides or, if the person is a landlord, to the address at which the person carries on business as a landlord;

(d) if the person is a tenant, by sending a copy by registered mail to a forwarding address provided by the tenant;

(e) as ordered by an arbitrator under section 71 (1) [arbitrator orders: delivery and service of documents].

(2)  An application by a landlord under section 55 [order of possession for the landlord] or 56 [landlord's application for order ending tenancy early] must be given to the tenant in one of the following ways:

(a) by leaving a copy with the tenant;

(b) by sending a copy by registered mail to the address at which the tenant resides;

(c) by leaving a copy at the tenant's residence with an adult who apparently resides with the tenant;

(d) by attaching a copy to a door or other conspicuous place at the address at which the tenant resides;

(e) as ordered by an arbitrator under section 71 (1) [arbitrator orders: delivery and service of documents].

When documents are considered to have been received

90  A document given or served in accordance with section 88 [how to give or serve documents generally] or 89 [special rules for certain documents] is deemed to be received as follows:

(a) if given or served by mail, on the 5th day after it is mailed;

(b) if given or served by fax, on the 3rd day after it is faxed;

(c) if given or served by attaching a copy of the document to a door or other place, on the 3rd day after it is attached;

(d) if given or served by leaving a copy of the document in a mail box or mail slot, on the 3rd day after it is left.

Division 2 —  Application of Other Law

Common law applies

91  Except as modified or varied by this Act or the regulations, the common law respecting landlords and tenants applies in British Columbia.

Frustrated Contract Act

92  The Frustrated Contract Act and the doctrine of frustration of contract apply to tenancy agreements.

Obligations pass with transfer or assignment of land

93  The obligations of a landlord under this Act with respect to a security deposit or a pet damage deposit run with the land or reversion.

Court proceedings affecting tenants

94  Despite any other enactment, no order of a court in a proceeding involving a foreclosure, an estate or a matrimonial dispute or another proceeding that affects possession of a rental unit is enforceable against a tenant of the rental unit unless the tenant was a party to the proceeding.

Division 3 —  Offences, Penalties and Regulations

Offences and penalties

95  (1)  A person who contravenes any of the following provisions commits an offence and is liable on conviction to a fine of not more than $5 000:

(a) section 15 [no application or processing fees];

(b) section 19 (1) [limits on amount of deposits];

(c) section 20 (a), (b), (c), (d) or (e) [landlord prohibitions respecting deposits];

(d) section 26 (3) [seizing or interfering with access to tenant's property];

(e) section 27 (1) [terminating or restricting services or facilities];

(f) section 29 [landlord's right to enter a rental unit restricted];

(g) section 30 (1) or (2) [tenant's right of access protected];

(h) section 31 (1) or (1.1) [prohibitions on changes to locks];

(i) section 34 (3) [assignment and subletting];

(j) section 38 (1) [return of security deposit and pet damage deposit];

(k) section 42 (1) or (2) [timing and notice of rent increases];

(l) section 43 (1) [amount of rent increase];

(m) section 57 (2) [what happens if a tenant does not leave when tenancy ended].

(2)  A person who coerces, threatens, intimidates or harasses a tenant or landlord

(a) in order to deter the tenant or landlord from making an application under this Act, or

(b) in retaliation for seeking or obtaining a remedy under this Act

commits an offence and is liable on conviction to a fine of not more than $5 000.

(3)  A person who contravenes or fails to comply with a decision or an order made by an arbitrator commits an offence and is liable on conviction to a fine of not more than $5 000.

(4)  A person who gives false or misleading information in a proceeding under this Act commits an offence and is liable on conviction to a fine of not more than $5 000.

(5)  A tenant, or a person permitted on residential property by a tenant, who intentionally, recklessly or negligently causes damage to the residential property commits an offence and is liable on conviction to a fine of not more than $5 000.

(6)  If a person convicted of an offence under this Act has failed to comply with or contravened this Act, the court, in addition to imposing a fine, may order the person to comply with or to cease contravening this Act.

(7)  Section 5 of the Offence Act does not apply to this Act or the regulations.

Limitation period for prosecuting offences

96  (1)  A prosecution of an offence under this Act must not be commenced more than 2 years after the facts on which the proceeding is based first come to the knowledge of the director.

(2)  A document purporting to have been issued by the director, certifying the date on which the director became aware of the facts on which the information is based,

(a) is admissible without proof of the signature or official character of the person appearing to have signed the certificate, and

(b) is proof of the certified facts unless there is evidence to the contrary.

Power to make regulations

97  (1)  The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2)  Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) exempting tenancy agreements, rental units or residential property from all or part of this Act;

(b) prescribing the rate of interest payable on security deposits and pet damage deposits;

(c) respecting tenancy agreements, including prescribing

(i)  standard terms that must be included in every tenancy agreement, and

(ii)  formal requirements for tenancy agreements;

(d) respecting rights and obligations of landlords and tenants that are not inconsistent with this Act, and providing that those rights and obligations must be terms of tenancy agreements;

(e) prescribing a penalty for a breach of a regulation, subject to the restriction that the penalty must not be greater than the maximum penalty referred to in section 95 [offences and penalties];

(f) prescribing

(i)  the circumstances in which a landlord may consider that a tenant has abandoned personal property,

(ii)  the manner in which a landlord may dispose of personal property abandoned by a tenant, and

(iii)  how competing claims on the property are to be resolved;

(g) prescribing

(i)  the circumstances in which the purchaser of abandoned personal property acquires a marketable title free of all encumbrances,

(ii)  how proceeds from disposing of the property are to be dealt with, and

(iii)  imposing a duty of care on the landlord for that property;

(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;

(i) defining a word or phrase used but not defined in this Act;

(j) respecting matters related to a review of arbitration decisions;

(k) respecting refundable and non-refundable fees that a landlord may or may not impose on a tenant and limiting the amount of a fee that may be imposed;

(l) prescribing fees for anything done or any service provided under this Act;

(m) respecting the return of trust funds collected under section 65 (1) (a) [arbitrator orders: breach of Act, regulations or tenancy agreement], including prescribing the circumstances in which interest must be paid on the trust funds and how that interest is to be calculated;

(n) prescribing calculations for rent increases under section 43 (1) (a) [amount of rent increase];

(o) governing rent increases that may be approved by an arbitrator under section 69 [arbitrator orders: rent increases] on application under section 43 (3), including

(i)  prescribing circumstances for the purpose of section 43 (3), and

(ii)  respecting the maximum rent increase that may be approved by an arbitrator under section 69;

(p) prescribing other means of giving or serving documents, including prescribing when documents given or served by those means are deemed to be received;

(q) for any other purpose for which regulations are contemplated by this Act.

(3)  In making regulations under this Act, the Lieutenant Governor in Council may

(a) delegate a matter to a person,

(b) confer a discretion on a person, and

(c) make different regulations for different rental units, residential property or tenancy agreements or for different classes of rental units, residential property or tenancy agreements.

Part 7 — Transitional and Consequential Provisions

Meaning of "former Act"

98  In this Part, "former Act" means the Residential Tenancy Act, R.S.B.C. 1996, c. 406.

Transitional: rent increases

99  (1)  Despite the repeal of the former Act, if, before January 1, 2004, a notice of a rent increase is given under section 24 (3) of the former Act, the former Act and the regulations under the former Act apply in respect of the increase and that Act is deemed to continue in force for that purpose.

(2)  For the purposes of section 42 (1) (b) [timing and notice of rent increases] of this Act, a rent increase made in accordance with this Act includes a rent increase made in accordance with the former Act.

Transitional: start of tenancy condition

100  (1)  Sections 23 [condition inspection: start of tenancy] and 24 [consequences if report requirements not met] of this Act do not apply to a landlord or tenant in respect of a tenancy that started before January 1, 2004, except as provided in subsection (2).

(2)  If, after January 1, 2004, a landlord referred to in subsection (1) allows a tenant referred to in that subsection to keep a pet on the residential property for the first time, sections 23 (2) to (6) and 24 apply to the landlord and tenant but only in respect of any pet damage deposit the landlord requires from the tenant.

Transitional: arbitrations started under former Act

101  (1)  Despite the repeal of the former Act, if, before January 1, 2004, a landlord and tenant have designated an arbitrator under section 48 (1) of the former Act or have applied to the director to designate an arbitrator under section 49 (1) of that Act, the arbitration must be conducted under the former Act and that Act is deemed to continue in force for that purpose.

(2)  An order of an arbitrator made under the former Act is deemed to be an order of an arbitrator under this Act.

Transitional: arbitrators appointed under former Act

102  (1)  On January 1, 2004, the appointment of each arbitrator appointed under the former Act is rescinded.

(2)  For the purposes of section 86 (2) and (3) (b) [appointment of arbitrators] of this Act, an arbitrator appointed under the former Act is deemed to have been previously appointed under this Act.

(3)  An arbitrator whose appointment is rescinded under subsection (1) may, on and after the date of the rescission,

(a) make a decision or an order in an arbitration to which he or she was designated while holding office,

(b) continue with the hearing of any matter referred to in paragraph (a),

(c) exercise jurisdiction under section 57.1 [error or omission in decision] of the former Act, and

(d) if designated by the director, consider an application for review of his or her own decision or order or conduct the review.

Transitional: security deposits

103  If a landlord holds a security deposit in accordance with the former Act, the security deposit is deemed to be held in accordance with this Act and the provisions of this Act respecting security deposits apply.

Transitional regulations

104  (1)  The Lieutenant Governor in Council may make regulations considered necessary or advisable to more effectively bring this Act into operation and to facilitate the transition from the operation of the former Act to the operation of this Act, including regulations prescribing the manner in which any transitional question or issue arising because of the repeal of the former Act is to be resolved.

(2)  [Spent. 2002-78-104 (2).]

Spent

105–116  [Consequential amendments and repeal. Spent. 2002-78-105 to 116.]

Commencement

117  This Act comes into force by regulation of the Lieutenant Governor in Council.