BILL NO. 299
(as introduced)
1st Session, 64th General Assembly
Nova Scotia
1 Charles III, 2023
Private Member's Bill
Housing Market Stabilization Act
Braedon Clark
Bedford South
First Reading: April 5, 2023
Second Reading:
Third Reading:
Explanatory Notes
Clause 1 sets out the short title of the Bill.
Clauses 2 and 3 allow the Utility and Review Board to set an allowed percentage increase in residential rent payable rather than a fixed rate of 2%.
Clause 4 changes the expiry of the Interim Residential Rental Increase Cap Act to be based on a vacancy rate for residential apartments being met.
Clause 5 restricts the ability of a landlord to terminate a fixed-term lease to where the landlord or a family member will occupy the premises or the lease is a sublease.
An Act to Amend Chapter 22
of the Acts of 2021,
the Interim Residential Rental Increase Cap Act,
and Chapter 401 of the Revised Statutes, 1989,
the Residential Tenancies Act
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Housing Market Stabilization Act.
2 Section 4 of Chapter 22 of the Acts of 2021, the Interim Residential Rental Increase Cap Act, is amended by striking out "two per cent" in the third line and substituting "the allowed percentage".
3 Chapter 22 is further amended by adding immediately after Section 4 the following Section:
- 4A (1) The Utility and Review Board shall, no later than July 1, 2023, and on July 1st in each subsequent year, set the allowed percentage for increases in rent payable under Section 4 in the following calendar year.
(2) The Utility and Review Board shall establish a process to determine the allowed percentage for increases in rent payable under Section 4.
(3) The process referred to in subsection (2) must take into account housing affordability, cost of living and market conditions and include consultation with relevant stakeholders.
4 Section 7 of Chapter 22 is repealed and the following Section substituted:
- 7 (1) This Act, except Section 5, expires and ceases to have any force or effect on and after January 1st of the first year following a year in which the average provincial vacancy rate for residential apartments in the Province as established by the Canadian Mortgage and Housing Corporation meets or exceeds four per cent.
(2) Section 5 of this Act expires and ceases to have any force or effect one year after the date referred to in subsection (1).
(3) The Governor in Council shall publish a notice of the criteria referred to in subsection (1) being met in the Gazette within one month of the criteria being met.
5 Section 9 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 7 of the Acts of 1997, Chapter 60 of the Acts of 2008, Chapter 72 of the Acts of 2010, Chapter 70 of the Acts of 2011, Chapter 41 of the Acts of 2018 and Chapter 36 of the Acts of 2021, is further amended by adding immediately after subsection (2) the following subsection:
- (3) Notwithstanding any lease, agreement, waiver, declaration or other statement to the contrary, where a tenancy is a fixed-term lease the following conditions apply in addition to those set out in subsection (1) and, if applicable, subsection (2):
- 1. The landlord may only require the tenant to vacate the premises at the end of the fixed term if the requirement to vacate is specified in the lease at the beginning of the fixed term and
(a) the landlord or a family member of the landlord will occupy the premises at the end of the fixed term; or
2. A requirement to vacate under condition 1 only has effect if both the landlord and tenant have initialled next to the relevant paragraph at the time the lease was entered into.
3. Where either condition 1 or 2 is not satisfied, the fixed-term lease shall continue as a month to month lease in accordance with subsection 10A(2) of the Residential Tenancies Act.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2023 Crown in right of Nova Scotia. Created April 5, 2023. Send comments to legc.office@novascotia.ca.
