BILL NO. 326

(as introduced)

1st Session, 64th General Assembly
Nova Scotia
2 Charles III, 2023

 

Private Member's Bill

 

Residential Tenancies Act
(amended)

 

The Honourable Zach Churchill
Yarmouth

First Reading: October 12, 2023

(Explanatory Note)

Second Reading:

Third Reading:

Explanatory Note

This Bill requires the Minister to create an enforcement and compliance unit for the investigation of alleged offences and the enforcement of decisions made and penalties imposed under the Residential Tenancies Act.

An Act to Amend Chapter 401
of the Revised Statutes, 1989,
the Residential Tenancies Act,
Respecting Administration and Enforcement

Be it enacted by the Governor and Assembly as follows:

1 Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act, is amended by adding immediately after the heading "ENFORCEMENT" the following Sections:

21 In Sections 21A, 21B and 22,

(a) "Enforcement and Compliance Unit" means the Provincial Residential Tenancy Enforcement and Compliance Unit created under Section 21A;

(b) "non-compliance" by a landlord includes

(i) repeatedly attempting to evict tenants illegally,

(ii) refusal to complete a health and safety repair, and

(iii) levying an administrative monetary penalty,

and by a tenant includes repeatedly not paying rent;

(c) "police officer" means a member of the Royal Canadian Mounted Police or a member of a municipal police force.

21A (1) The Minister shall, on or before March 1, 2024, create a Provincial Residential Tenancy Enforcement and Compliance Unit for the purpose of

(a) investigating alleged offences under this Act; and

(b) enforcing decisions made and penalties imposed by the Director, a residential tenancies officer or a court.

(2) The Minister may develop policies and regulations with respect to the composition and procedures of the Enforcement and Compliance Unit.

21B The Enforcement and Compliance Unit shall work with municipal by-law enforcement officers and police officers to ensure that the rights of landlords and tenants are protected.

22 To ensure compliance with this Act, the Enforcement and Compliance Unit may

(a) educate and raise public awareness of landlord and tenant rights;

(b) intervene in an anticipated non-compliance incident;

(c) give verbal or written warnings to a landlord or a tenant;

(d) investigate repeated or serious and deliberate acts of non-compliance with this Act or a failure to follow an order or the decision of a court; and

(e) levy an administrative monetary penalty.

 

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