4th Session, 61st General Assembly
61 Elizabeth II, 2012
The Honourable John MacDonell
Minister responsible for the Residential Tenancies Act
First Reading: November 26, 2012
Second Reading: November 27, 2012
Third Reading: December 4, 2012 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)
Clause 1 amends the Residential Tenancies Act to add definitions of "Director of Victim Services", "domestic violence", "police agency" and "victim".Clauses 2 and 3 establish processes for a tenant who is a victim of domestic violence to terminate the tenant's lease early. Clause 4 authorizes the Director of Residential Tenancies to set aside a tenant's notice to quit for failure by the tenant to give the notice and the certificate issued by the Director of Victim Services to the landlord as required by the Act. Clause 5 adds an immunity provision with respect to acts or omissions of Government employees or agents made in good faith while exercising authority under the Act. Clause 6 provides for the coming into force of the Act on proclamation.
1 Section 2 of Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act, as amended by Chapter 31 of the Acts of 1992, Chapter 40 of the Acts of 1993, Chapter 30 of the Acts of 2002 and Chapter 72 of the Acts of 2010, is further amended by
(a) adding immediately after clause (ab) the following clauses:
(b) relettering clause (fa) as clause (fb);
(c) adding immediately after clause (f) the following clause:
(d) adding immediately after clause (j) the following clause:
2 (1) Chapter 401 is further amended by adding immediately after Section 10E the following Section:
(2) The landlord shall ensure that information in a certificate received from the tenant pursuant to subsection (1) is kept confidential.
(3) The landlord may apply to the Director of Residential Tenancies under Section 13 for an order setting aside the notice to quit only on the ground that the notice to quit and the certificate were not properly given to the landlord as required by subsection (1).
(4) Where a tenancy is terminated pursuant to subsection (1), the tenancy is terminated for all the tenants in the same residential premises but, for greater certainty, the other tenants and the landlord may agree to enter a new landlord and tenant relationship.
3 Chapter 401 is further amended by adding immediately after Section 10F the following heading and Sections:
10G The Director of Victim Services may authorize one or more employees in the Department of Justice to exercise the powers and carry out the duties of the Director of Victim Services under Section 10H.10H (1) Where a tenant in a year-to-year or fixed-term tenancy is a victim of domestic violence, the tenant may apply to the Director of Victim Services, in the form and manner and including the information required by the Director of Victim Services, for a certificate confirming that one of the grounds to issue a certificate under subsection (2) has been established. (2) The Director of Victim Services may issue a certificate to the tenant for the purpose of clause 10F(1)(b) if either of the following grounds is established: (a) an emergency protection order relating to the tenant has been issued under Section 11 of the Domestic Violence Intervention Act and has not been revoked under clause 12(1)(c) of that Act, and the tenant made the application for the certificate no later than 90 days after the date of the order; or
(ii) a peace bond or other order of a court has been issued that contains a condition that the person who is alleged to have committed the domestic violence have no contact with the tenant, and the peace bond or other court order is currently in force, and
(iii) after having completed an assessment, the Director of Victim Services has reason to believe the tenant is a victim of domestic violence for the purpose of the peace bond or order referred to in subclause (ii).
4 Clause 17A(l) of Chapter 401, as enacted by Chapter 72 of the Acts of 2010, is amended by adding "or by a tenant under subsection 10F(1)" immediately after "(c)" in the third line.5 Chapter 401 is further amended by adding immediately after Section 19A the following Section: