BILL NO. 492
(as introduced)
1st Session, 64th General Assembly
Nova Scotia
3 Charles III, 2024
Private Member's Bill
Comprehensive Eviction Control Act
Gary Burrill
Halifax Chebucto
First Reading: September 18, 2024
Second Reading:
Third Reading:
Explanatory Notes
Clause 1 sets out the short title of this Act.
(a) impose an additional penalty where a landlord fails to uphold the statutory condition requiring premises to be kept in good repair and fit for habitation; and
(b) prohibit a landlord from making a rule prohibiting animals in or around the residential premises.
(a) requires the landlord to provide medical evidence if a notice to quit is based on a serious allergy caused by the tenant bringing an animal onto premises; and
(b) prevents tenants from being evicted
- (i) between September 20th and March 20th, and
(ii) at any time of year if the tenant is 65 years of age or more, has occupied the premises for at least 10 years and meets the income eligibility requirements for social housing.
(a) allows vacant possession to be required only where a repair or renovation would cause a verifiable hazard to human health or safety;
(b) prohibits orders for vacant possession for cosmetic renovations;
(c) entitles a tenant to enter into a new lease agreement following completion of repair or renovation under the same conditions as the tenant's existing lease;
(d) requires landlords to attempt to relocate tenants to other units owned by the landlord on the same site; and
(e) requires tenant relocation plans where work requires ending more than one tenancy on a property.
Clause 6 allows for compensation for failures to comply with the Act to be extended for the period of a tenant's relocation rather than a maximum of 12 months.
Clause 7 imposes an additional penalty where a landlord evicts a tenant for family residence, demolition, repair or renovation in bad faith.
Clause 8 requires the Director of Residential Tenancies to report statistical information on applications and orders to the Minister of Service Nova Scotia and for the Minister to make that report public.
Clause 9 raises the maximum penalty under the Act from $1,000 to $25,000.
Clause 10 makes this Act effective January 1, 2025.
An Act to Amend Chapter 401
of the Revised Statutes, 1989,
the Residential Tenancies Act,
Respecting Comprehensive Eviction Control
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Comprehensive Eviction Control Act.
2 Section 8I of Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act, as enacted by Chapter 41 of the Acts of 2018, is amended by striking out "9A" in the second line and substituting "9AA".
3 Chapter 401 is further amended by
(a) renumbering Section 9A as 9AA;
(b) adding immediately before Section 9AA, as renumbered, the following Section:
- 9A Where a landlord has failed to uphold Statutory Condition 1 under subsection 9(1), the landlord is guilty of an offence punishable on summary conviction and is liable to a fine of not more than ten thousand dollars in addition to any fine imposed under Section 23.
(c) adding immediately after subsection 9AA(3), as renumbered, the following subsection:
- (4) A landlord shall not make a rule prohibiting the presence of animals in or around the residential premises, including the keeping of animals as pets.
4 Section 10 of Chapter 401, as amended by Chapter 31 of the Acts of 1992, Chapter 40 of the Acts of 1993, Chapter 32 of the Acts of 1994, Chapter 7 of the Acts of 1997, 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
(a) adding immediately after subsection (7B) the following subsection:
- (7BA) Where a notice to quit under clause (7B)(a) is the result of the landlord or another tenant experiencing a serious allergic reaction due to the presence of an animal the tenant has brought onto the residential premises, the landlord shall provide the tenant and the Director with sufficient medical evidence to support such claim.
(b) adding immediately after subsection (8) the following subsections:
- (8A) Notwithstanding anything in this Act, where a landlord gives to a tenant notice to quit the residential premises between September 20th in any year and March 20th in the following year, the notice is not effective or enforceable until the end of that time period, except if the tenant poses a safety or security risk to other tenants.
(8B) Notwithstanding anything in this Act, a landlord shall not give to a tenant notice to quit the residential premises if the tenant is sixty-five years of age or more, has occupied the premises for at least ten years and meets the income eligibility requirements for social housing as determined by the Nova Scotia Provincial Housing Agency.
5 (1) Section 10AB of Chapter 401, as enacted by Chapter 36 of the Acts of 2021, is amended by adding immediately after subsection (4) the following subsections:
- (4A) When making a decision on an application under subsection (2), the Director may only consider residential premises to require vacant possession if the repair or renovation would cause a verifiable hazard to human health and safety.
(4B) The Director may not make an order under subsection (2) directing that the landlord be given vacant possession of the residential premises if the Director considers the renovations to be cosmetic in nature.
(2) Section 10AB of Chapter 401, as enacted by Chapter 36 of the Acts of 2021, is amended by adding immediately after subsection (5) the following subsections:
- (5A) Where a tenancy is ended under this Section by mutual agreement or by an order of the Director, the tenant is entitled to enter into a new lease agreement for the same residential premises following completion of the repair or renovation under the same conditions as the tenant's prior lease, subject to any allowable annual rent increase.
(5B) Where a landlord offers for rent more than one residential premises, the landlord shall make every effort, in good faith, to relocate a tenant, under the same terms as the tenant's existing lease prior to making an application under subsection (2), to
(a) another residential premises owned by the landlord on the same site or property; or
(b) where compliance with clause (a) is not possible, a residential premises owned by the landlord on another site or property.
(5C) An application under subsection (2) must include proof of the landlord's compliance with subsection (5B).
(5D) Where a landlord is unable to relocate a tenant as described in subsection (5B), the tenant is entitled to compensation as if an order was made under Section 10AD.
(5E) Where demolition, repair or renovation work requires ending more than one tenancy on a property, the landlord shall file a tenant relocation plan with any application made under subsection (2).
(5F) A tenant relocation plan under subsection (5E) must include
(a) confirmation of early and ongoing communication and consultation with tenants;
(b) details of financial compensation and payment of expenses for tenants;
(c) supports for tenants in finding new housing; and
(d) ongoing project updates and estimated timelines.
(5G) Following an order under Section 17A, a landlord who is required to file a tenant relocation plan under subsection (5E) shall submit interim and final tenant relocation reports to the Director.
(5H) A report required under subsection (5G) must be filed by the dates specified by the Director.
6 Clause 10AD(c) of Chapter 401, as enacted by Chapter 36 of the Acts of 2021, is amended by adding "or for the period of the tenant's relocation" immediately after "months" in the last line.
7 Chapter 401 is further amended by adding immediately after Section 10AD the following Section:
- 10ADA Where, following an order of the Director under Section 17A in respect of an application under subclause 10(8)(f)(i) or Section 10AB, it is found that a landlord was not acting in good faith, the landlord is guilty of an offence punishable on summary conviction and is liable to a fine of not more than ten thousand dollars in addition to any fine imposed under Section 23.
8 Chapter 401 is further amended by adding immediately after Section 18A the following Section:
- 18B (1) The Director shall report statistical information on applications and orders made under this Act at such intervals as the Minister determines.
(2) A report under subsection (1) must include
(a) types of leases being signed;
(b) numbers and reasons for evictions;
(c) where evictions have occurred; and
(d) demographic data on households where an eviction was made or sought.
(3) The Director may collect information, including personal information, for the purpose of preparing a report under subsection (1).
(4) The Minister shall make any report made under subsection (1) available to the public.
9 Section 23 of Chapter 401, as amended by Chapter 10 of the Acts of 2002, is further amended by striking out "one thousand" in the last line and substituting "twenty-five thousand".
10 This Act has effect on and after January 1, 2025.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2024 Crown in right of Nova Scotia. Created September 18, 2024. Send comments to legc.office@novascotia.ca.
