BILL NO. 41
3rd Session, 62nd General Assembly
65 Elizabeth II, 2016
Residential Tenancies Act
The Honourable Mark Furey
Minister of Service Nova Scotia
First Reading: October 21, 2016
Second Reading: October 25, 2016
Third Reading: November 4, 2016 (LINK TO BILL AS PASSED)
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.
(a) specifies the time for service on the other parties of a copy of an application to the Director of Residential Tenancies;
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.
Be it enacted by the Governor and Assembly as follows:1 Section 7 of Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act, as amended by Chapter 31 of the Acts of 1992, Chapter 7 of the Acts of 1997 and Chapter 72 of the Acts of 2010, is further amended by adding immediately after subsection (1A) the following subsection:
(a) the copy or reproduction of this Act provided by a landlord may be in paper or electronic form; and
(b) a landlord is deemed to have provided the tenant with a copy or reproduction of this Act if the landlord provides the tenant with a hyperlink to, or the web address (uniform resource locator) for, a copy of this Act published online
2 (1) Subsection 13(2) of Chapter 401, as enacted by Chapter 7 of the Acts of 1997, is amended by striking out the period at the end of the last line and adding the following clauses:
(3B) For greater certainty, where an application has been dismissed under subsection (3A) and the applicant makes a new application in respect of the same subject matter as the dismissed application, the new application must be accompanied by the fee prescribed by regulation.
3 (1) Subsection 17(1) of Chapter 401, as enacted by Chapter 7 of the Acts of 1997, is amended by striking out ", within fourteen days, make an order in accordance with Section 17A" in the fourth and fifth lines and substituting "hold a hearing".
4 Subsection 26(1) of Chapter 401, as amended by Chapter 31 of the Acts of 1992, Chapter 40 of the Acts of 1993, Chapter 7 of the Acts of 1997, Chapter 10 of the Acts of 2002, Chapter 72 of the Acts of 2010 and Chapter 70 of the Acts of 2011, is further amended by adding immediately after clause (cn) the following clauses:
6 Sections 2 to 4 come into force on such day as the Governor in Council orders and declares by proclamation.
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