The Nova Scotia Legislature

The House resumed on:
September 21, 2017.

Bill No. 41

Residential Tenancies Act (amended)

An Act to Amend Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act

Introduced by:
Honourable Mark Furey
Minister of Service Nova Scotia

First Reading
Second Reading Debates
Second Reading Passed
Law Amendments Committee
    Meeting Date(s) October 31, 2016
    Reported to the House
Committee of the Whole House
Third Reading Debates
Third Reading
Royal Assent
Commencement November 10, 2016 except; ss. 2-4: Upon proclamation.
2016 Statutes, Chapter 27

Explanatory Note

Clause 1 allows landlords to provide a copy of the Residential Tenancies Act to a tenant by providing an electronic copy or by providing a hyperlink to, or the web address (URL) for, an official copy of the Act published online by the Queen’s Printer or by authority of the Speaker of the House of Assembly.

Clause 2

(a) specifies the time for service on the other parties of a copy of an application to the Director of Residential Tenancies;

(b) authorizes the Director to dismiss an application without prejudice if the application is not served on any of the other parties within the prescribed time for service; and

(c) clarifies that when an application is dismissed for failure to serve within the prescribed period and a new application is made, the new application must be accompanied by the application fee.

Clause 3 authorizes the Director to hold a hearing if the parties are unlikely to be able to settle a dispute by mediation, and gives the Director discretion to determine how to hold and conduct the hearing. The Director is required to make an order within 14 days of concluding the hearing.
Clause 4 provides authority to make regulations prescribing the time for service of applications and respecting the practice and procedure for the hearing of applications and procedures for submitting evidence for use at hearings.

Clause 5 authorizes the Director, rather than the Minister of Service Nova Scotia, to waive the fee payable upon making an application to the Director. The authority to waive the application fee may only be exercised by the Director and may not be delegated to a residential tenancies officer.

Clause 6 provides for the coming into force of this Act.