This archived statute consolidation is current to November 25, 1993 and includes changes enacted and in force by that date.

Residential Tenancy Act

[SBC 1984] CHAPTER 15

Assented to May 1, 1984

Contents
Section
  1.  Interpretation
  2.  Application of Act
Part 1 — Terms of Tenancy Agreement
  3.  Statutory terms
  4.  Permitted terms
  5.  No acceleration provision
  6.  Services unspecified in agreement
  7.  Fixed term tenancy agreements
  8.  Duty to repair and keep clean
  9.  Repair and service orders
  10.  Locks and access
  11.  Landlord's right of entry
  12.  Right to assign or sublet
  13.  Arbitration of disputes
  14.  Copy of tenancy agreement
  15.  Amount of security deposit
  15.1  Liquidated damages limited
  16.  Security deposit return and interest
  17.  Interest on security deposit
Part 2 — Rent Increases
  18.  Rent increase
  19.  Unlawful rent increase recovery
  20.  Hidden rent increase
  21.  Rent increase with intent to evict
Part 3 — Termination of Tenancy Agreement
  22.  Interpretation
  23.  Termination of agreement
  24.  Notice of termination by tenant
  25.  Notice of termination — end of employment
  26.  Notice of termination — non-payment of rent
  27.  Notice of termination — for cause
  28.  Early termination on order
  29.  Notice of termination — landlord use of property
  30.  Compensation respecting section 29 notices
  31.  Notice of termination — reasonable cause
  32.  Early termination by tenant
  33.  Form of notice of termination
  34.  Incorrect notice of termination
  35.  Dispute of notice of termination
  35.1  Similar disputes — courts
  36.  Order of possession for landlord
  37.  Order of possession for tenant
Part 4 — Tenancy Agreement Arbitrations
  38.  Landlord and tenant designation of arbitrator
  39.  Application to registrar to designate arbitrator
  39.1  Registrar's authority respecting arbitrations
  40.  Arbitrators appointed by minister
  40.1  Similar disputes — arbitration
  41.  Power and authority of arbitrator
  42.  Procedure
  43.  Summons to testify
  44.  Decision
  44.1  Payment to registrar
  45.  Commercial Arbitration Act
Part 5 — General
  46.  Application of other legislation
  47.  Common law applies
  48.  Application of certain principles
  48.1  Repealed
  49.  Material terms
  49.1  Monetary claims
  50.  Court proceedings
  50.1  How to serve documents in an arbitration of a monetary claim
  51.  Service of notices
  52.  Offences
  53.  Regulations
  54.  Repealed
  55.  Spent
  56.  Transitional
  57.  Validation
  57.1  Validation
  58-61.  Spent
  62.  Commencement

Interpretation

1.  In this Act

"arbitrator" means an arbitrator designated under Part 4;

"caretaker's premises" means residential premises provided to a person employed as a caretaker, janitor, manager or superintendent in respect of the residential property in which the residential premises are situated;

"employment premises" means residential premises provided by an employer to an employee to occupy during his employment;

"family corporation" means a corporation in which all the voting shares are owned by

(a) one natural person, or

(b) one natural person plus one or any number of his father, mother, brother, sister, child, spouse or his spouse's mother, father or child;

"fixed term tenancy agreement" means a tenancy agreement with a predetermined expiry date;

"hotel" means a hotel, motel, inn, rooming house and apartment hotel and any prescribed class of premises, but does not include a facility

(a) owned or operated by a non-profit society incorporated under the Society Act, a municipality, a regional district, a college designated under the College and Institute Act or a university named in the University Act, or

(b) in which the landlord resides and which contains fewer than a total of 5 bedrooms or rooms used as bedrooms;

"hotel tenant" means an individual who is

(a) occupying a room or premises in a hotel where the hotel contains rooms or premises that the individual usually occupies as his residence, and

(b) paying rent of less than a prescribed amount per day or, where no amount is prescribed, less than $15 per day

in circumstances where that occupation is considered, at common law, to be a licence to occupy land or premises, but does not include an individual who is occupying a room or premises in a hotel that has a peak season during which the daily rent for the room or premises has, in a peak season within the previous 12 months, exceeded the maximum amount of the daily rent that can be paid by a hotel tenant under paragraph (b);

"landlord" includes lessor, sublessor, owner or other person permitting the occupation of residential premises, and his heirs, assigns, personal representatives and successors in title and a person, other than a tenant occupying the premises, entitled to possession of the residential premises;

"manufactured home" means a dwelling unit designed to be mobile and to be used, and that is being used, as a permanent or temporary residence;

"manufactured home pad" means land rented as space for and on which a tenant, under a tenancy agreement, is entitled to bring a manufactured home;

"registrar" means the registrar of the Residential Tenancy Branch of the ministry or any other official designated by the minister for purposes of the administration of Part 4;

"rent" includes consideration, whether in money, services or goods, paid, given or agreed to be paid or given by a tenant to a landlord in respect of residential premises, including consideration for a privilege, benefit, service, facility or other thing provided, directly or indirectly, by a landlord to a tenant that relates to the use, occupation or enjoyment of residential premises, but does not include a security deposit or a utility charge paid directly by a tenant;

"residential premises" means a dwelling unit used for residential purposes, and includes, without limiting the above,

(a) a manufactured home;

(b) a manufactured home pad;

(b.1) a room or premises in a hotel occupied by a hotel tenant;

(c) caretaker's premises, and

(d) employment premises;

but does not include premises, under a single lease, occupied for business purposes with a dwelling unit attached;

"residential property" means a building in which, and includes land on which, residential premises are situated;

"security deposit" means money or property advanced or deposited, or a right given, by or on behalf of a tenant or prospective tenant, to be held or enforced by or on behalf of a landlord

(a) to secure the performance by a tenant or prospective tenant of an obligation under this Act or a tenancy agreement or in respect of residential premises;

(b) to secure payment by a tenant or prospective tenant of a liability or probable liability to a landlord, or

(c) to be returned to a tenant or prospective tenant, or in respect of which a tenant or prospective tenant is to be released, on the happening of an event;

including, without limiting the above,

(d) a negotiable instrument made negotiable more than 30 days after the date it is given;

(e) a prepayment of rent for other than the first month of a tenancy agreement;

(f) a deposit in respect of damage or rent for which a tenant is, or may be made to be, responsible;

(g) an agreement entitling a right to be enforced if a tenant terminates a tenancy agreement or goes out of possession of residential premises other than in accordance with this Act or a tenancy agreement;

(h) a fee or deposit that is not refundable, or

(i) a requirement to pay a rental payment that is substantially greater than other rental payments required under a tenancy agreement;

"service or facility" includes, with respect to residential premises,

(a) furniture, appliances and furnishings;

(b) parking and related facilities;

(c) cablevision facilities;

(d) utilities and related services;

(e) cleaning or maintenance services;

(e.1) maid services;

(f) laundry facilities;

(g) storage facilities;

(h) elevator facilities;

(i) common recreational facilities;

(j) intercom systems;

(k) garbage facilities and related services, and

(l) heating facilities or services

supplied, or agreed to be supplied, by the landlord;

"tenancy agreement" means an agreement, whether written or oral, express or implied, having a predetermined expiry date or not, between a landlord and tenant respecting possession of residential premises and occupation of a room or premises in a hotel;

"tenant" includes a hotel tenant.

Historical Note(s): 1984-15-1; 1989-60-1; 1990-53-2,12; 1993-68-1(a).

Application of Act

2.  (1) Notwithstanding any other enactment or an agreement to the contrary, this Act applies to tenancy agreements, residential premises and residential property.

(2) Notwithstanding subsection (1), this Act does not apply to

(a) an occupation of land or premises that, at common law, would be considered a licence to occupy land unless it is an occupation of a room or premises in a hotel by a hotel tenant;

(b) residential premises in respect of which a non-profit cooperative or society, as defined in the regulations, is the landlord and a member of the cooperative or society is the tenant;

(c) a tenancy agreement for a term exceeding 3 years where the landlord is the government or an agent of the government;

(d) a tenancy agreement for a term exceeding 20 years except as provided in subsection (3) of section 29 (5.1), or

(e) summer cottages, winter chalets or other similar recreational premises rented on a seasonal basis.

(3) No landlord, other than an individual who is the holder of a lease under a tenancy agreement for a term exceeding 20 years and is the occupier of the rental unit, shall enter into a tenancy agreement for a term exceeding 20 years, or assign a tenancy agreement with 20 or more years of its term yet to run, except with the prior approval, by bylaw, of the municipality in which the premises are located.

(4) For the purposes of subsection (3) "municipality" includes

(a) the City of Vancouver, and

(b) in respect of an electoral area that is not itself a municipality, the regional district within which the electoral area is located.

Historical Note(s): 1984-15-2; 1989-60-2; 1990-53-3.

Part 1 — Terms of Tenancy Agreement

Statutory terms

3.  (1) Sections 5 to 8 and 10 to 17 shall be deemed to be terms of every tenancy agreement.

(2) The Lieutenant Governor in Council may prescribe terms which are to be included or are not to be included in every tenancy agreement or application for a tenancy agreement and may prescribe different terms for different classes of tenancy agreements.

(3) Terms prescribed under subsection (2) which are to be included in a tenancy agreement shall be deemed to be terms of every tenancy agreement.

(4) A regulation made under section 7 or 17 shall be deemed to be a term of every tenancy agreement.

(5) A term in a tenancy agreement that is in conflict with this Act or the regulations is void whether the agreement has been entered into before or after the date this section comes into force.

Historical Note(s): 1984-15-3; 1989-60-3.

Permitted terms

4.  (1) A tenancy agreement may contain reasonable terms respecting the tenant's use, occupation and maintenance of

(a) residential premises, and

(b) a service or facility used in connection with the residential premises.

(2) A term is prima facie reasonable where it is

(a) intended to

(i)  promote fair distribution of a service or facility to every occupant in the residential property,

(ii)  promote the convenience, safety and welfare of every person working or residing in the residential property, or

(iii)  protect the landlord's property from abuse,

(b) reasonably related to the purpose for which it is intended, and

(c) sufficiently explicit to inform the tenant of what he must do or must not do in order to comply with it.

(3) A term that is not reasonable is not enforceable.

(4) A term in a manufactured home pad tenancy agreement that a manufactured home must be purchased from a specific vendor is not reasonable, for the purposes of this section, unless the term is disclosed to the prospective tenant before the tenancy agreement is entered into.

Historical Note(s): 1984-15-4; 1990-53-4.

No acceleration provision

5.  Notwithstanding any other enactment, where a tenant fails to comply with a term of a tenancy agreement, the tenancy agreement shall not provide that all or part of the rent remaining for the term of the agreement becomes due and payable.

Historical Note(s): 1984-15-5.

Services unspecified in agreement

6.  Where a service or facility is reasonably related to a tenant's continued use and enjoyment of the residential premises, but is not expressly provided for in the tenancy agreement, the landlord shall not discontinue providing the service or facility to the tenant.

Historical Note(s): 1984-15-6.

Fixed term tenancy agreements

7.  (1) Subject to section 18, where

(a) a fixed term tenancy agreement expires;

(b) the landlord and tenant do not enter into a new tenancy agreement before the agreement expires, and

(c) the tenant continues to occupy the residential premises;

the landlord and the tenant shall be deemed to have renewed the agreement as a month to month tenancy agreement on the same terms as are provided for in the expired agreement.

(2) Notwithstanding subsection (1), where

(a) a tenant rents residential premises under a fixed term tenancy agreement in an off season at a lower rate of rent than that usually paid in season for those premises by a person under a licence to occupy them, and

(b) the landlord advises the tenant in writing of this subsection at the time of entering into the fixed term tenancy agreement;

the tenancy agreement is terminated on the predetermined expiry date specified in the agreement.

(3) A landlord and tenant may agree, in writing, at the time they enter into a fixed term tenancy agreement that, notwithstanding subsection (1), the tenancy agreement is terminated on the predetermined expiry date.

(4) An agreement made under subsection (3) which is not in writing is not enforceable.

(5) Subsections (2) and (3) apply to a fixed term tenancy agreement respecting a manufactured home pad only in circumstances where the tenant is renting a manufactured home and the manufactured home pad under a single tenancy agreement.

(6) The Lieutenant Governor in Council may make regulations requiring that the term of a fixed term tenancy agreement under subsection (3) exceed a specified period of time and may

(a) make the requirement applicable in respect of, and

(b) specify different periods of time for;

different classes of residential premises.

Historical Note(s): 1984-15-7; 1990-53-12.

Duty to repair and keep clean

8.  (1) A landlord shall provide and maintain residential premises and residential property in a state of decoration and repair that

(a) complies with health, safety and housing standards required by law, and

(b) having regard to the age, character and locality of the residential property, would make it reasonably suitable for occupation by a reasonable tenant who would be willing to rent it.

(2) A landlord's duty under subsection (1) (a) applies notwithstanding that a tenant knew of a breach by the landlord of subsection (1) (a) at the time the landlord and tenant entered into the tenancy agreement.

(3) Subsection (1) does not apply to that part of residential premises owned by a tenant.

(4) A tenant shall

(a) maintain ordinary health, cleanliness and sanitary standards throughout residential premises and residential property in respect of which he has entered a tenancy agreement, and

(b) take necessary steps to repair damage caused to residential premises and residential property, in respect of which he has entered a tenancy agreement, by his wilful or negligent act or omission, or that of a person permitted on the residential premises or residential property by him.

(5) A tenant is

(a) not liable for reasonable wear and tear to the residential premises, and

(b) liable for the cleaning of the residential premises and residential property where he has contravened subsection (4).

Historical Note(s): 1984-15-8.

Repair and service orders

9.  (1) Where a landlord

(a) contravenes section 8 (1), or

(b) has failed, or may fail, to provide a service or facility he is obliged to provide under a tenancy agreement or under section 6;

a tenant may apply to a court for an order requiring the landlord to comply with this Act or the tenancy agreement.

(2) On an application under subsection (1), the court may order

(a) the landlord to comply with this Act or the tenancy agreement;

(b) a tenant to pay rent due to the landlord into court;

(c) that the rent paid into court be paid to the landlord to be applied to the costs and expenses of complying with this Act or the tenancy agreement as specified in the order, or

(d) that

(i)  the rent paid into court, or,

(ii)  any future rent payable by the tenant or any other tenant affected by the landlord's act or omission,

be paid to a named person who shall hold the money paid to him in trust to be applied, as specified in the order, to the costs and expenses of complying with this Act or the tenancy agreement.

(3) Where an application is made to an arbitrator under subsection (1), subsection (2) does not apply and the arbitrator may order

(a) the landlord to comply with this Act or the tenancy agreement;

(b) the tenant affected by the landlord's act or omission to pay rent to a named person who shall hold the money paid to him in trust, or

(c) that the rent paid to a named person under paragraph (b)

(i)  be applied to the costs and expenses of complying with this Act or the tenancy agreement, or,

(ii)  be paid to the landlord to be applied to the costs and expenses of complying with this Act or the tenancy agreement,

as specified in the order.

(4) An order under this section may contain terms respecting costs, expenses, remuneration and any other necessary matters.

(5) This section does not affect the right of a tenant to bring a proceeding against a landlord for breach of contract.

Historical Note(s): 1984-15-9.

Locks and access

10.  (1) Subject to subsection (2), a landlord or tenant shall not, except by agreement or under an order of a court, alter a means of entrance or access to residential premises or residential property so as to interfere unreasonably with the other's use of the entrance or access.

(2) Where there is a reasonable threat to security, a landlord in an emergency may alter the locking system on a door that provides access to residential property, but a landlord shall not, except by agreement, alter the locking system on a door that provides direct access to residential premises.

(3) A landlord shall not impose restrictions respecting access to residential property by

(a) candidates, or their authorized representatives, who are seeking election to a federal, Provincial, regional, municipal or school board office and who are canvassing electors or distributing election material, or

(b) a tenant of residential premises located on the residential property or persons invited by a tenant of the residential premises.

(4) Notwithstanding subsection (3), a landlord may impose restrictions respecting access to, and restrictions and extra charges respecting overnight accommodation of, the residential premises of a hotel tenant by persons invited by the hotel tenant, but only to the extent that the restrictions and extra charges are reasonable.

Historical Note(s): 1984-15-10; 1989-60-4.

Landlord's right of entry

11.  (1) A landlord shall not enter residential premises in respect of which a tenant has a right of possession under a tenancy agreement unless

(a) an emergency exists;

(b) the tenant consents at the time of entry;

(c) the tenant gives consent, not more than one month before the time of entry, to enter for a specific purpose;

(c.1) in the case of residential premises occupied by a hotel tenant, the entry is for the purpose of providing maid service at reasonable times;

(d) a tenant abandons the residential premises;

(e) the landlord has given written notice of entry for a reasonable purpose not more than 72 hours and not less than 24 hours before the time of entry, or

(f) a court orders that the landlord or his agent may enter the residential premises at a specified time for a specified purpose and entry is made in accordance with the terms of the order.

(2) The landlord shall specify in a notice of entry under subsection (1) (e) the hours of the day during which the landlord intends to enter the residential premises, and those hours shall, unless the tenant otherwise consents, be between 8 a.m. and 9 p.m.

Historical Note(s): 1984-15-11; 1989-60-5.

Right to assign or sublet

12.  (1) A tenant may assign or sublet his interest in a tenancy agreement with the consent of the landlord.

(2) Where a tenancy agreement

(a) has a fixed term of 6 months or more, or

(b) is in respect of a manufactured home pad in circumstances other than where the tenant is renting a manufactured home and the manufactured home pad under a single tenancy agreement;

the landlord shall not arbitrarily or unreasonably withhold his consent to assign or sublet the tenant's interest in the tenancy agreement.

(3) A landlord shall not receive any consideration, directly or indirectly, for giving his consent under this section.

Historical Note(s): 1984-15-12; 1990-53-12.

Arbitration of disputes

13.  (1) A landlord and tenant shall be deemed to have agreed to submit an application under section 9, 10 (1) and (4), 11 (1) (f), 16, 18 (5), 20, 21 (1), (3) and (4), 26 (3), 28, 30, 33 (3), 35, 36, 37 or 49.1 to an arbitrator.

(2) Subsection (1) does not apply where

(a) an agreement has been entered into under subsection (3);

(b) an election has been made under section 56;

(c) a court, on application, orders otherwise, or

(d) in the case of a monetary claim the amount claimed is more than the monetary limit specified under the Small Claims Act, excluding interest and costs.

(3) A landlord and tenant may agree in writing at any time that subsection (1) does not apply.

(4) Subject to an order under subsection (2) (c), an agreement under subsection (3) is not enforceable unless

(a) it is in writing, and

(b) a copy of it is delivered to the other party as soon as practicable, and in any event not later than 21 days after it was entered into.

(5) Where an agreement is made under subsection (3), the agreement shall be conclusively deemed to apply with respect to all applications referred to in subsection (1).

Historical Note(s): 1984-15-13; 1989-60-6; 1990-53-5; 1993-68-4(b).

Copy of tenancy agreement

14.  (1) Where a written tenancy agreement is entered into, the landlord shall give a copy of the agreement to the tenant as soon as practicable, and in any event not later than 21 days, after it was entered into.

(2) Where a landlord does not comply with subsection (1), the tenant's obligation to pay rent is suspended until a copy of the agreement is delivered to him, and as soon as the copy of the agreement is delivered to the tenant, any rent which was not paid to the landlord in reliance on this subsection becomes immediately due and payable.

Historical Note(s): 1984-15-14.

Amount of security deposit

15.  (1) A landlord shall not

(a) impose a requirement that a security deposit be given except at the time the tenancy agreement is entered into, or

(b) require or receive a security deposit in an amount exceeding the equivalent of 1/2 of one month's rent payable under the tenancy agreement.

(2) Where a landlord receives a security deposit in excess of the amount permitted under subsection (1), the tenant may set off the excess amount against all or part of the rent due from him.

(3) Subsection (1) (b) does not apply to a security deposit held by a landlord on November 30, 1974.

(4) Notwithstanding the number of occupants of a residential premises, a landlord shall not require more than one security deposit in respect of those premises.

(5) A tenant may, with the consent of the landlord, set off all or part of a security deposit and the accrued interest, if any, on it against all or part of the rent due from him.

Historical Note(s): 1984-15-15.

Liquidated damages limited

15.1  (1) A landlord shall not require that a security deposit, or part of a security deposit, be forfeited on the termination of a month to month lease.

(2) A requirement described in subsection (1), including one in force on the coming into force of this section, is void and unenforceable.

Historical Note(s): 1990-53-6.

Security deposit return and interest

16.  (1) Where a landlord has received a security deposit from a tenant, the landlord shall pay to the tenant accrued interest on the deposit in accordance with this section.

(2) Within 30 days after the termination of a tenancy agreement, a landlord shall

(a) provide the tenant with a written statement specifying

(i)  the amount of the security deposit, the accrued interest on it and the method of calculating that interest, and,

(ii)  the amount and details of the claim for unpaid rent, the claim for damages, if any, and the costs payable under section 42 (5) which he has deducted from the security deposit, and

(b) pay to the tenant

(i)  the amount of the security deposit and the accrued interest on it, or,

(ii)  the balance remaining from the security deposit and accrued interest after the deductions specified in paragraph (a) (ii).

(3) After the termination of a tenancy agreement, the landlord and tenant may agree to waive the requirements of subsection (2).

(4) Where the landlord is unable to locate the tenant after the termination of the tenancy agreement in order to comply with this section, the landlord is not required to comply with subsection (2) (a), but shall hold any money owing to the tenant under subsection (2) (b) in trust for the tenant for 2 years following the date of termination.

(5) Where a tenant does not claim money owing to him under this section within 2 years following the termination of the tenancy agreement, the money is forfeited to the landlord.

Historical Note(s): 1984-15-16.

Interest on security deposit

17.  (1) The interest payable under section 16 shall be calculated

(a) from the date the security deposit is paid by the tenant;

(b) if the security deposit was paid before December 1, 1974, from December 1, 1974, or

(c) from the date the tenant last received payment of interest on the security deposit in accordance with this Act, or a preceding Act then in force;

whichever is the latest, to the day before the date the security deposit is paid to the tenant under this section.

(2) Interest is payable under section 16

(a) for the period December 1, 1974 to May 31, 1980, at the rate of 8% compounded annually;

(b) for the period June 1, 1980 to March 31, 1983, at the rate of 12% compounded annually, and

(c) commencing April 1, 1983, at the rate of 8% compounded annually.

(3) Notwithstanding subsection (2) (c), the Lieutenant Governor in Council may make regulations respecting the interest payable on security deposits.

Historical Note(s): 1984-15-17.

Part 2 — Rent Increases

Rent increase

18.  (1) Subject to subsections (2) and (3), notwithstanding a change of landlord, a landlord shall not collect an increase in rent from a tenant until 12 months have expired following

(a) the date the last lawful increase in rent for that tenant became effective, or

(b) where there has been no previous increase in rent for that tenant, the date the existing rent was established for that tenant.

(2) A landlord shall give the tenant written notice of a rent increase not less than 3 months before the date the rent increase is to be effective.

(3) Notwithstanding subsection (2), where a landlord gives a notice of rent increase respecting a manufactured home pad in circumstances other than where the tenant is renting a manufactured home and the manufactured home pad under a single tenancy agreement, he shall give not less than 6 months' notice before the date the rent increase is to be effective.

(4) Where a landlord gives a notice of rent increase to a tenant which does not comply with the time requirements of subsection (1), (2) or (3), the notice shall be deemed to take effect on the earliest date that would comply with subsection (1), (2) or (3).

(5) For purposes of this section, a court may determine

(a) the monetary value of a component of rent;

(b) whether or not a charge for a service or facility is rent, and

(c) when premises or a part of them were first occupied as residential premises under a tenancy agreement.

(6) This section does not apply to residential premises operated by

(a) the British Columbia Housing Management Commission, or

(b) a person designated in the regulations;

where the rent of the premises is related to the tenant's income.

Historical Note(s): 1984-15-18; 1985-52-85, effective April 1, 1986 (B.C. Reg. 17/86); 1990-53-12.

Unlawful rent increase recovery

19.  (1) A landlord or his agent shall not demand, collect or attempt to collect a rent increase other than in accordance with section 18.

(2) Where a rent increase is collected other than in accordance with section 18, the rent increase paid by the tenant

(a) may be set off against all or part of the rent due from the tenant, or

(b) is recoverable by the tenant.

Historical Note(s): 1984-15-19.

Hidden rent increase

20.  (1) Where a court, on application, determines that a landlord in respect of residential premises has

(a) made a charge for a service or facility used or enjoyed by a tenant at a lesser charge or no charge before the date the charge became effective, or

(b) failed to provide a service or facility, or reduced a service or facility required to be provided, under a tenancy agreement and the court considers that the failure or reduction has resulted in a substantial reduction of the use and enjoyment of residential premises or of the service or facility;

the court may order that, effective on a specified date,

(c) the charge for a service or facility, or

(d) the value of the service or facility or its reduction in value;

is a rent increase for the purposes of section 18 (1).

(2) Where the application of subsection (1) affects more than one residential premises in a residential property, the court may limit the application of an order made under subsection (1) to one or more of those residential premises.

Historical Note(s): 1984-15-20.

Rent increase with intent to evict

21.  (1) Where

(a) a landlord increases the rent for residential premises;

(b) the tenant vacates the premises as a result of the rent increase, and

(c) the landlord

(i)  gave the rent increase with the expectation or intention that the tenant would vacate the premises, or,

(ii)  does not, within 2 months of the date the tenant vacates the premises, in good faith enter into a tenancy agreement with a new tenant for those premises at a rent greater than 90% of the increased rent demanded by the landlord of the former tenant,

the court may, on application of the former tenant order that the landlord

(d) pay the tenant's actual and reasonable moving expenses to his new accommodation, and

(e) compensate the tenant for additional expenses incurred or which may be incurred by the tenant including, for a period up to 12 months, any increased rent or portion of it that the tenant was obliged or may be obliged to pay.

(2) On the written request of a former tenant referred to in subsection (1) (b), the landlord shall disclose in writing to that tenant

(a) whether or not the residential premises formerly occupied by the tenant have been re-rented within 2 months after the date the tenant vacated them, and

(b) the amount of the rent, if any, being paid for those residential premises by a new tenant.

(3) The court shall not make an order on an application under subsection (1) in the circumstances described in paragraph (c) (ii) where the landlord establishes that

(a) he did not give the rent increase with the expectation or intention that the tenant would vacate the premises, or

(b) his failure to re-rent the premises was a result of a significant change in the rental accommodation market.

(4) Where

(a) a landlord increases the rent for a manufactured home pad in circumstances other than where the tenant is renting a manufactured home and the manufactured home pad under a single tenancy agreement, and

(b) the landlord gave the rent increase with the expectation or intention that the tenant would vacate the manufactured home pad;

the court may, on application, order that the rent increase be set aside.

(5) An application under this section shall be brought no later than 3 months after, in the case of

(a) subsection (1), the date the tenant vacated the premises, or

(b) subsection (4), the date the notice of rent increase was given to the tenant.

Historical Note(s): 1984-15-21; 1990-53-12.

Part 3 — Termination of Tenancy Agreement

Interpretation

22.  (1) In this Part "rental payment period" means the interval at which rent is payable under a tenancy agreement.

(2) For the purposes of this Part where a rental payment period exceeds one month, a notice of termination is sufficiently given if it is given on or before the last day of a calendar month to take effect on the last day of an ensuing calendar month.

(3) For the purposes of this Part a rental payment period can commence on any day, but the rental payment period is deemed to commence on the first day of the calendar month following the day the tenant first became entitled to possession of the residential premises, unless

(a) the rental payment period is less than one month, or

(b) the landlord and tenant otherwise expressly agree.

Historical Note(s): 1984-15-22.

Termination of agreement

23.  (1) A tenancy agreement is terminated only

(a) where a notice of termination is given in accordance with this Act;

(b) where the tenant has vacated or abandoned the residential premises;

(c) on the effective date of an order for possession of the residential premises in favour of the landlord;

(d) on the date specified by a court under section 28;

(e) where the tenant has elected under section 49 (3) to treat the agreement as terminated;

(f) where it is a fixed term tenancy agreement described in section 7 (2) or (3) and its term has expired, or

(g) where, after the tenancy agreement is entered into, the landlord and tenant agree in writing that it is terminated.

(2) Where

(a) an agreement under subsection (1) (g) is made respecting a manufactured home pad in circumstances other than where the tenant is renting a manufactured home and the manufactured home pad under a single tenancy agreement, and

(b) the landlord does not advise the tenant of his rights under section 29 (8) or 31 (3) before entering into the agreement;

on termination of a tenancy agreement under subsection (1) (g), the landlord shall pay to the tenant the amount of the tenant's actual and reasonable moving expenses, up to a maximum prescribed amount, without delay, after

(c) the tenant vacates the premises, and

(d) the landlord receives a written account of those expenses.

(3) Notwithstanding subsection (1), a landlord shall not regain possession of residential premises unless

(a) the tenant has vacated or abandoned the premises, or

(b) the landlord is acting under the authority of a writ of possession.

Historical Note(s): 1984-15-23; 1985-52-86, effective September 27, 1985 (B.C. Reg. 320/85); 1990-53-12.

Notice of termination by tenant

24.  A tenant may give a notice of termination in respect of a tenancy agreement, other than a fixed term tenancy agreement, on or before the last day of a rental payment period to be effective on the last day of an ensuing rental payment period, but the period of notice shall be not less than one month.

Historical Note(s): 1984-15-24.

Notice of termination — end of employment

25.  (1) Where

(a) a tenant's employment as a caretaker, janitor, manager or superintendent is terminated, and

(b) the landlord intends in good faith to give occupancy of caretaker's premises occupied by that tenant to a new caretaker, janitor, manager or superintendent;

the landlord may give a notice of termination in respect of those premises, on or before the last day of a rental payment period to be effective on the last day of an ensuing rental payment period, but the period of notice shall be not less than one month.

(2) Where the employment of a tenant occupying employment premises is terminated, the landlord may give a notice of termination in respect of those premises, on or before the last day of a rental payment period to be effective on the last day of an ensuing rental payment period, but the period of notice shall be not less than one month.

Historical Note(s): 1984-15-25.

Notice of termination — non-payment of rent

26.  (1) Where a tenant fails to pay rent in accordance with a tenancy agreement, the landlord may, on any day following the day the rent was due, give the tenant a notice of termination to be effective not earlier than 10 days after the date the notice is given.

(2) A tenant may, within 5 days after receiving the notice given under subsection (1), pay the landlord all the rent due, and in that case the notice of termination is void.

(3) On application made before or after the 5 days specified in subsection (2) have expired, a court may extend the time for a tenant to pay all the rent due under a tenancy agreement.

Historical Note(s): 1984-15-26.

Notice of termination — for cause

27.  (1) A landlord may, at any time, give the tenant a notice of termination in accordance with subsection (2) where any one of the following events has occurred:

(a) the conduct of the tenant, or of a person permitted in or on the residential property or residential premises by him, has been such that the enjoyment of other occupants in the residential property has been unreasonably disturbed;

(b) the tenant, or a person permitted in or on the residential property or residential premises by him, has caused extraordinary damages to the residential premises or the residential property;

(c) occupancy by the tenant has resulted in the residential property or residential premises being damaged to an extent that exceeds reasonable wear and tear, and the tenant has failed within a reasonable time after the damage occurred to take the necessary steps to repair the damage;

(d) the tenant has failed to give, within 30 days after the date he entered into a tenancy agreement, the security deposit required under the tenancy agreement;

(e) the tenant has knowingly misrepresented the residential property or residential premises to a prospective tenant or purchaser of the residential property or residential premises;

(f) the safety or other lawful right or interest of the landlord or other occupant in the residential property has been seriously impaired by an act or omission of the tenant or a person permitted in or on the residential property or residential premises by him;

(g) the number of persons permanently occupying the residential premises is unreasonable;

(h) the tenant has breached a reasonable material term of the tenancy agreement and has failed to rectify the breach within a reasonable time after receiving written notice to do so from the landlord;

(i) the tenancy agreement has been frustrated;

(j) the residential premises must be vacated to comply with an order by a Provincial, regional or municipal government authority respecting zoning, health, safety, building or fire prevention standards;

(k) the tenant has purported to assign or sublet the residential premises without the consent of the landlord.

(2) A notice of termination given under subsection (1) shall be not less than one month and shall be effective on the last day of an ensuing rental payment period.

(3) Notwithstanding subsection (2), where subsection (1) (g) applies because of the placement of a child for adoption or the birth of a child, the notice of termination shall be not less than 24 months and shall be effective on the last day of an ensuing rental payment period.

Historical Note(s): 1984-15-27; 1990-53-7.

Early termination on order

28.  Where one of the events described in section 27 (1) (a), (b) or (f) has occurred in respect of residential premises, and the court considers that it would be inequitable to

(a) the other occupants of the residential property in which the residential premises are located, or

(b) the landlord

to require the landlord to give the period of notice specified in section 27 (2), a court may, on application,

(c) order the tenancy agreement to terminate on a specified date, and

(d) grant an order of possession to take effect on or after the date specified in paragraph (c).

Historical Note(s): 1984-15-28; 1985-52-87, effective September 27, 1985 (B.C. Reg. 320/85); 1989-60-7.

Notice of termination — landlord use of property

29.  (1) For the purposes of subsections (2) and (3)

"landlord" means a landlord

(a) who is a natural person who

(i)  at the time of giving the notice of termination, has a reversionary interest in the residential premises exceeding 3 years, and,

(ii)  holds not less than 1/2 of the full reversionary interest, or

(b) that is a family corporation which

(i)  at the time of the giving of the notice of termination, has a reversionary interest in the residential premises exceeding 3 years, and,

(ii)  holds not less than 1/2 of the full reversionary interest;

"purchaser" means

(a) a natural person who, or

(b) a family corporation which

has agreed to purchase at least 1/2 of the full reversionary interest in residential premises.

(2) Where

(a) a landlord enters into an agreement in good faith with a purchaser for the sale of residential premises occupied under a tenancy agreement and any conditions precedent in the sale agreement have been satisfied;

(b) the purchaser, or in the case of a purchaser that is a family corporation, a person owning voting shares in the family corporation, intends in good faith that he or his spouse or a child or parent of his or of his spouse will occupy the residential premises, and

(c) the purchaser requests in writing that the landlord give the tenant of the premises a notice of termination;

the landlord may give a notice of termination to the tenant under subsection (6).

(3) Where

(a) a landlord, or

(b) in the case of a landlord that is a family corporation, a person owning voting shares in the family corporation;

intends in good faith that he or his spouse or a child or parent of his or of his spouse will occupy residential premises occupied under a tenancy agreement, the landlord may give a notice of termination to the tenant under subsection (6).

(4) Where a landlord intends in good faith to occupy or use residential premises for the purpose of

(a) demolition;

(b) converting it into a strata lot under the Condominium Act;

(c) converting it into residential premises described in section 2 (2) (b);

(d) entering into a tenancy agreement for a term exceeding 20 years;

(e) converting it, for not less than 6 months, into a use other than residential premises occupied under a tenancy agreement;

(f) converting it into caretaker's premises for not less than 6 months, or

(g) renovation, where vacant possession of the residential premises is necessary to conduct and perform the renovation;

and the landlord has obtained whatever permits and approvals are required by law to demolish, convert or renovate the residential premises, the landlord may give a notice of the end of the tenancy agreement to the tenant, with the applicable notice period under subsection (6), (6.1) or (7).

(5) Before making application to convert or before converting residential premises into a strata lot under the Condominium Act or into residential premises described in section 2 (2) (b), a landlord shall give notice of this application or intention to each tenant who occupies the premises on the date of application or the forming of the intention and to each prospective tenant who will first occupy the premises after the conversion.

(5.1) No landlord shall enter into a tenancy agreement for a term exceeding 20 years before the landlord gives notice of intention to enter into the tenancy agreement to each tenant or prospective tenant who occupies the rental unit under an existing tenancy agreement, if any, and to each tenant or prospective tenant who will first occupy the rental unit under the proposed tenancy agreement.

(6) A notice of termination under this section shall be not less than 2 months to be effective on the later of

(a) the last day of an ensuing rental payment period, or

(b) where the tenancy agreement has a predetermined expiry date, the predetermined date.

(6.1) Where a landlord in good faith intends to demolish residential premises and the municipality within which the premises are located has, by bylaw, established a notice period of at least 2 and not more than 6 months, this period shall, notwithstanding subsection (6), be the minimum notice period for the purposes of the notice.

(6.2) [Repealed 1993-68-11.]

(6.3) For the purposes of subsection (6.1), "municipality" includes

(a) the City of Vancouver, and

(b) in respect of any electoral area that is not itself a municipality, the regional district within which the electoral area is located.

(6.4) [Repealed 1993-68-11.]

(7) Notwithstanding subsections (6) and (6.1), where a landlord gives a notice of termination under this section respecting a manufactured home pad in circumstances other than where the tenant is renting a manufactured home and the manufactured home pad under a single tenancy agreement, the period of notice shall be not less than 12 months.

(8) On termination of a tenancy agreement under subsection (7), the landlord shall pay to the tenant the amount of the tenant's actual and reasonable moving expenses, up to a maximum prescribed amount, without delay, after

(a) the tenant vacates the premises, and

(b) the landlord receives a written account of those expenses.

Historical Note(s): 1984-15-29; 1990-53-8,12; 1993-68-11.

Compensation respecting section 29 notices

30.  (1) Where a tenant who has vacated residential premises after being given a notice of termination under

(a) section 29 (2) establishes, on application, that the purchaser or, in the case of a purchaser that is a family corporation, a person owning voting shares in the family corporation, his spouse or a child or parent of his or of his spouse did not occupy the premises as a residence for a period of at least 6 months commencing within a reasonable time after the effective date of the notice of termination;

(b) section 29 (3) establishes, on application, that the landlord or, in the case of a landlord that is a family corporation, a person owning voting shares in the family corporation, his spouse or a child or parent of his or of his spouse did not occupy the premises as a residence for a period of at least 6 months commencing within a reasonable time after the effective date of the notice of termination, or

(c) section 29 (4) or (6.1) establishes, on application, that the landlord did not actually occupy or use the residential premises for a specified and permitted purpose or the required period of time;

a court may order that the purchaser, in a matter under section 29 (2), or the landlord, in a matter under section 29 (3), (4) or (6.1),

(d) pay the tenant's actual and reasonable moving expenses to his new accommodation, and

(e) compensate the tenant for additional expenses incurred or which may be incurred by the tenant including, for a period up to 12 months, any increased rent or portion of it that the tenant was obliged or may be obliged to pay.

(2) The court shall not make an order under subsection (1) where the purchaser or landlord, as the case may be, establishes that he intended, in good faith, at the time of giving the notice of termination, to occupy the premises for the purpose specified in the notice.

(2.1) If a landlord gives notice for a reason specified in section 29 (4) with a notice period specified in section 29 (6) or (6.1), the landlord shall pay to the tenant the greater of

(a) the tenant's actual and reasonable moving expenses to the new accommodation up to a maximum equal to one month's rent, or

(b) where proceedings are brought under subsection (1), the amount ordered by the court.

(3) An application under subsection (1) shall be brought no later than 9 months after the effective date of the notice of termination.

Historical Note(s): 1984-15-30; 1990-53-9; 1993-68-12.

Notice of termination — reasonable cause

31.  (1) Where a tenant has given reasonable cause to terminate a tenancy agreement in circumstances other than those described in section 26 or 27, a landlord may give the tenant a notice of termination to be effective on the last day of an ensuing rental payment period but the period of notice shall be not less than 2 months.

(2) Notwithstanding subsection (1), where a landlord gives a notice of termination under subsection (1) respecting a manufactured home pad in circumstances other than where the tenant is renting a manufactured home and the manufactured home pad under a single tenancy agreement, the period of notice shall be not less than 6 months.

(3) On termination of a tenancy agreement under subsection (2), the landlord shall pay to the tenant the amount of the tenant's actual and reasonable moving expenses, up to a maximum prescribed amount, without delay, after

(a) the tenant vacates the premises, and

(b) the landlord receives a written account of those expenses.

Historical Note(s): 1984-15-31; 1990-53-12.

Early termination by tenant

32.  Where a landlord gives a tenant a notice of termination under section 29, the tenant may, at any time during the period of notice,

(a) give to the landlord at least 10 days written notice of a termination date earlier than that specified by the landlord, and

(b) pay the landlord on the date he gives notice of termination under paragraph (a), the proportionate amount of rent due up to the date the earlier termination is specified to be effective.

Historical Note(s): 1984-15-32.

Form of notice of termination

33.  (1) A notice of termination of a tenancy agreement shall

(a) be in writing and signed by the landlord or tenant giving the notice of termination;

(b) specify the date of termination;

(c) identify the residential premises concerned;

(d) where a notice of termination is given by a landlord under section 25, 27, 29 or 31;

(i)  specify the reasons for and particulars of the termination, and,

(ii)  advise the tenant of his right to dispute the notice under section 35, and

(e) where a notice of termination is given by a landlord under section 26, specify

(i)  the amount of unpaid rent,

(ii)  the right of the tenant within 5 days after receiving the notice to pay to the landlord all the rent due, and

(iii)  that if the tenant

(A)  does not pay the rent within the 5 day period, the tenancy agreement is terminated on the date specified in the notice of termination, and

(B)  pays the rent within the 5 day period, the notice of termination is void, and

advise the tenant of his right to dispute the notice under section 35.

(2) Subject to subsection (3) and section 34, a notice of termination given by

(a) a landlord is void unless it is in the prescribed form, and

(b) a tenant may be in any form as long as it otherwise complies with this Act.

(3) Where

(a) a landlord or tenant is given a notice of termination that fails to comply with subsection (1) (b) to (e) or (2), and

(b) a court considers that

(i)  the person receiving the notice knew or ought to have known the information that should have been included in it, and,

(ii)  it is reasonable in the circumstances,

the court may, on application, order the defective notice amended in a manner and subject to conditions it may specify, and, on the order being made, the notice shall be deemed to have complied with this section at the time it was given.

Historical Note(s): 1984-15-33.

Incorrect notice of termination

34.  Where a landlord or tenant gives a notice of termination that is otherwise in accordance with this Act except that the notice specifies

(a) an effective date that is earlier than permitted by this Act, the notice shall be deemed effective on the earliest date permitted under this Act;

(b) an effective date, other than the last or first day of a rental payment period, that is a date later than the earliest date permitted under this Act, the notice shall be deemed effective on the last day of the rental payment period in which the notice was specified to be effective, or

(c) the effective date as the day after the last day of a rental payment period, the notice shall be deemed effective on the last day of the rental payment period preceding the effective date specified in the notice.

Historical Note(s): 1984-15-34.

Dispute of notice of termination

35.  (1) A tenant may apply to a court for an order setting aside a notice of termination given or purportedly given under this Act.

(2) An application under subsection (1) shall be made, where the notice was given

(a) under section 26, within 5 days;

(b) under section 25 or 27, within 10 days, or

(c) under section 29 or 31, within 15 days;

after the date the notice of termination was given to the tenant.

(3) A court may, on application brought before or after the time period specified in subsection (2) has expired, extend the time within which a tenant may bring an application under subsection (1).

(4) Where a tenant does not bring an application to dispute a notice under subsection (1), he shall be conclusively deemed to have accepted the termination on the effective date of the notice of termination.

Historical Note(s): 1984-15-35.

Similar disputes — courts

35.1  (1) Where an application under section 35 (1) is made to a court and the court considers that other applications under section 35 (1), or other applications that may be made under section 35 (1), raise substantially similar issues in substantially similar circumstances, the court may order that

(a) time be extended under section 35 (3) for the purpose of allowing applications by other persons under section 35 (1) to be made;

(b) the hearing of the other applications under section 35 (1) be deferred until this representative application is heard and decided;

(c) 2 or more applications under section 35 (1) be heard and decided jointly, or

(d) other arrangements the court considers appropriate be made

to allow the issues to be effectively and efficiently heard and decided by the court.

(2) A court may make an order under subsection (1)

(a) on application by any person before the date of the hearing of the application under section 35 (1) or

(b) by motion at the hearing of an application under section 35 (1).

Historical Note(s): 1990-53-10.

Order of possession for landlord

36.  (1) A landlord may apply to a court for an order of possession of residential premises

(a) at the hearing of an application under section 28 or 35 (1);

(b) at any time after

(i)  a notice of termination has been given respecting the residential premises, and,

(ii)  the earlier of

(A)  the applicable time period specified under section 35 (2) has expired, or

(B)  an application has been filed under section 35 (2), or

(c) at any time after a tenancy agreement has been terminated as provided under section 23 (1) (e), (f) or (g).

(2) A court may grant an order of possession under subsection (1), before or after the date when the tenant is required to vacate the residential premises, to be effective on the date specified in the order.

Historical Note(s): 1984-15-36, 1989-60-8.

Order of possession for tenant

37.  (1) A tenant may apply to a court for an order of possession of residential premises.

(2) A court may grant an order of possession under subsection (1), before or after the commencement of the term of a tenancy agreement, to be effective on the date specified in the order, but the date specified in the order shall be no earlier than the date of the commencement of the term of the tenancy agreement.

Historical Note(s): 1984-15-37.

Part 4 — Tenancy Agreement Arbitrations

Landlord and tenant designation of arbitrator

38.  (1) A landlord and tenant may, by agreement, designate an arbitrator to conduct an arbitration of an application referred to under section 13 (1).

(2) Where a landlord requires a tenant or a tenant requires a landlord to reach an agreement under subsection (1)

(a) as a condition to entering into a tenancy agreement, or

(b) as a term of a tenancy agreement;

the agreement under subsection (1) is unenforceable.

Historical Note(s): 1984-15-38.

Application to registrar to designate arbitrator

39.  (1) Where a landlord and tenant do not designate an arbitrator under section 38 (1), either the landlord or tenant may apply to the registrar to designate an arbitrator.

(2) An application to the registrar shall

(a) give full particulars of the matter being submitted to arbitration;

(b) be in the prescribed form, and

(c) be accompanied by the prescribed fee.

(3) The applicant shall give a copy of the application under subsection (2) to the landlord or tenant, as the case may be, within 3 days of making the application.

(4) Subject to subsection (5), on receipt of an application under subsection (1), the registrar or a person authorized by him shall

(a) designate an arbitrator from among the arbitrators appointed under section 40 (1), and

(b) specify the time, date and place of the arbitration hearing.

(5) On the recommendation of the registrar, the minister may designate an employee under the Public Service Act to conduct an arbitration of a specific matter referred to the registrar under subsection (1).

Historical Note(s): 1984-15-39.

Registrar's authority respecting arbitrations

39.1  (1) The registrar may establish rules of procedure for the conduct of arbitrations under this Act.

([2) The registrar or a person authorized by the registrar may publish decisions of arbitrators or otherwise make them available to the public and to arbitrators.]

Historical Note(s): 1993-68-16; [subsection (2) not in force].

Arbitrators appointed by minister

40.  (1) The minister may appoint arbitrators who may be designated by the registrar under

(a) section 39 (4) to conduct arbitrations under section 13 (1), or

(b) section 44.1 (5) to hear an appeal under that section.

(2) Arbitrators appointed under subsection (1) may be paid remuneration in the amount and manner specified by the minister and shall be reimbursed for any actual and reasonable travelling and living expenses incurred in the performance of their duties.

(3) An arbitrator appointed under subsection (1) is not an employee under the Public Service Act, Public Service Labour Relations Act or the Labour Relations Code.

Historical Note(s): 1984-15-40; 1987-24-71, effective July 27, 1987 (B.C. Reg. 246/87); 1989-60-9; 1992-82-165.

Similar disputes — arbitration

40.1  (1) Where an arbitrator is designated to conduct an arbitration of an application referred to in section 13 (1) and

(a) all parties to the arbitration give consent in writing to the making of an order under this section, and

(b) other landlords or tenants, who are not parties to the arbitration but whose disputes raise substantially similar issues in substantially similar circumstances, agree in writing to be bound by the arbitration decision;

the arbitrator may order that

(c) only one fee prescribed under section 39 (2) (c) be paid in respect of this arbitration proceeding;

(d) landlords or tenants referred to in paragraph (b) are parties to and are bound by the outcome of the arbitration, and

(e) the hearing of other arbitrations under this Part respecting landlords or tenants referred to in paragraph (b) are deferred until this arbitration is heard and decided.

(2) An arbitrator may make an order under subsection (1)

(a) on application by any person before the date fixed for the commencement of the arbitration hearing, or

(b) on the motion of any person at the arbitration hearing.

Historical Note(s): 1990-53-10.

Power and authority of arbitrator

41.  (1) Notwithstanding any other provision of this Act, an arbitrator may refuse to conduct a hearing where he considers the matter is frivolous, vexatious, trivial or has not been initiated in good faith.

(2) An arbitrator may exercise the jurisdiction of a court under section 50 (5) where the arbitrator is satisfied that none of the parties who may be affected by his decision or order have made

(a) an agreement under section 13 (3), or

(b) an election under section 56.

(3) An arbitrator may make an order under section 51 (5).

(4) An arbitrator may make any finding of fact or law which is necessary or incidental to the making of a decision or order under this Act.

Historical Note(s): 1984-15-41.

Procedure

42.  (1) In a matter before him, an arbitrator

(a) may conduct the hearing in the manner he or she considers necessary, subject to rules of procedure, if any, established by the registrar under section 39.1;

(b) shall make his decision on the merits of the matter and is not bound by legal precedent;

(c) may receive and accept, on oath, affidavit or otherwise, the evidence or information he considers necessary and appropriate whether or not the evidence or information would be admissible in a court;

(d) shall make the decision or order available in writing and, at the request of a party, provide written reasons;

(d.1) may, before or after the 3 days specified in section 39 (3) have expired, make an order extending the time for an applicant to give a copy of the application to the landlord or tenant, as the case may be;

(e) may, with the consent of the parties to the arbitration, hear a related matter over which he has jurisdiction under this Act, at the same time as the matter in respect of which he was designated an arbitrator, and may, in that event, order that section 39 or any part of it does not apply to that related matter;

(f) may, with or without a hearing, on the arbitrator's own initiative or on the request of a party to the arbitration, correct a typographical, arithmetical or other similar error in the arbitrator's decision or order, and

(g) may, with or without a hearing, on the arbitrator's own initiative or on the request of a party, but in either case within 15 days after the decision, order or written reasons are given;

(i)  clarify the decision, order or reasons, or,

(ii)  deal with an issue that was presented in the application and that was inadvertently omitted from the decision, order or reasons.

(2) For the purposes of this section, a hearing may include a submission

(a) made orally including by telephone, or

(b) made in writing;

but another party to the hearing shall be given an opportunity, at that or a later time and in the manner the arbitrator considers appropriate, to rebut the submission.

(3) On an application under section 9, an arbitrator may make an interim order.

(3.1) On an application respecting the occupation of a room or premises in a hotel, an arbitrator may make an interim order that the individual occupying that room or premises is a hotel tenant occupying residential premises under a tenancy agreement and the person applying for the order is not required to give notice of the application to any person.

(4) A party to a hearing may be represented by an agent or by a barrister and solicitor.

(5) An arbitrator may order a party to an arbitration to bear all or any part of the cost of the fee under section 39.

(6) Where an arbitrator orders a party to an arbitration to pay any monetary amount or to bear all or any part of the cost of the fee under section 39, the amount or cost may be deducted from

(a) in the case of a payment in favour of a tenant, any rent due to the landlord, or

(b) in the case of a payment in favour of a landlord, any security deposit due to the tenant.

(7) A request to an arbitrator under subsection (1) (f) or (g) by a party to an arbitration may be made without notice to any other party, but the arbitrator may require that another party be given notice.

(8) An arbitrator shall not exercise a power under subsection (1) (f) or (g) unless the arbitrator considers it just and reasonable to do so in all the circumstances.

Historical Note(s): 1984-15-42; 1989-60-10; 1993-68-18.

Summons to testify

43.  (1) An arbitrator may, at the request of a party to the hearing or on his own motion, summon and enforce the attendance of witnesses and compel them to give evidence on oath and to produce the records and things he considers requisite to a full consideration of matters before him, in the same manner as the Supreme Court.

(2) The failure or refusal of a person on the summons of an arbitrator to attend, to take an oath, to answer questions or to produce the records and things in his custody or possession makes the person, on application to the Supreme Court, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

Historical Note(s): 1984-15-43.

Decision

44.  (1) An arbitrator shall give his decision or order without delay and, in any event, no later than 30 days after the hearing.

(1.1) If written reasons are requested under section 42 (1) (d)

(a) on or before the 14th day after the hearing, an arbitrator shall give the written reasons not later than 30 days after receiving the request, or

(b) more than 14 days after the hearing, an arbitrator shall give the written reasons not later than 15 days after receiving the request.

(2) A decision or order of the arbitrator is final and binding on the parties.

(3) A decision or order of an arbitrator may be filed in the Supreme Court and, on being filed, has the same force and effect and all proceedings may be taken on it as if it were an order of the court.

(3.1) A decision or order of an arbitrator in respect of a monetary amount may be filed in the Provincial Court if it is within the monetary limit specified under the Small Claim Act or Small Claims Act, whichever is in force at the date of the filing and, on being filed, has the same force and effect and all proceedings may be taken on it as if it were an order of the court.

(4) Notwithstanding subsection (3), a decision or order filed in a court under subsection (3) may not be appealed from.

Historical Note(s): 1984-15-44; 1989-60-11; 1989-40-187; 1993-68-19(a).

Payment to registrar

44.1  (1) Where a landlord fails to comply with an order of an arbitrator to pay an amount to a tenant, the tenant may apply, on payment of the prescribed fee, to the registrar, in a form and manner satisfactory to the registrar, without notice to the landlord, for an order under subsection (2).

(2) On an application under subsection (1) the registrar may order that

(a) one or more of the landlord's tenants pay rent they owe the landlord to the registrar in an amount specified in the order that does not exceed one month's rent for each tenant, and

(b) the landlord pay to the registrar all or part of the security deposits and accumulated interest that are held by the landlord in respect of some or all of the landlord's tenants

to be applied by the registrar to the costs and expenses of obtaining compliance by the landlord with this Act and the tenancy agreement as specified in the order and any balance remaining to be paid out as specified in the order.

(3) Before an order under subsection (2) takes effect, the registrar shall give notice of it to the landlord and to any tenant required to redirect rent payments.

(4) Where the registrar receives an amount under subsection (2), the registrar shall hold it in trust to be applied as specified in the order made under subsection (2).

(5) The landlord may appeal the order made under subsection (2) by applying to the registrar, within 30 days of receiving the notice referred to in subsection (3), to designate an arbitrator to hear the appeal.

(6) The provisions of this Part apply to the appeal under subsection (5).

(7) On an appeal of the registrar's order, an arbitrator may confirm, vary or revise the order of the registrar with or without conditions.

Historical Note(s): 1989-60-12.

Commercial Arbitration Act

45.  The Commercial Arbitration Act does not apply to an arbitration under this Act.

Historical Note(s): 1984-15-45; 1986-3-53, effective July 4, 1986 (B.C. Reg. 148/86).

Part 5 — General

Application of other legislation

46.  (1) Unless inconsistent with this Act, sections 11 to 13 and 32 of the Commercial Tenancy Act apply to residential premises and tenancy agreements.

(2) The Frustrated Contract Act and the doctrine of frustration of contract apply to tenancy agreements.

(3) Section 4 of the Lord's Day Act (Canada) does not apply to a tenancy agreement.

(4) Subject to sections 36 and 37, where this Act conflicts with the Statute of Frauds or the Land Title Act, the Statute of Frauds or the Land Title Act, as the case may be, applies.

Historical Note(s): 1984-15-46.

Common law applies

47.  (1) Except as modified or varied by this Act or the regulations, the common law respecting landlord and tenant applies.

(2) Subsection (1) does not apply to a landlord and tenant where the tenant is a hotel tenant.

Historical Note(s): 1984-15-47; 1989-60-13.

Application of certain principles

48.  (1) Notwithstanding any other Act, the common law or an agreement to the contrary, a landlord shall not distrain for default in the payment of rent.

(2) Notwithstanding the common law or an agreement to the contrary, a landlord shall not seize personal property of a tenant in satisfaction of a claim or demand unless the seizure is made under an order of a court or the authority of an enactment.

(3) Notwithstanding that a tenant does not take possession of residential premises, rights under a tenancy agreement are capable of taking effect from the date specified in the tenancy agreement to be the commencement of the term of the tenancy agreement.

(4) A landlord or tenant who, being a party to a tenancy agreement, contravenes this Act is liable to compensate the other party to the tenancy agreement for loss suffered by him as a result of the contravention.

(5) Where a landlord or tenant becomes liable to the other for damages as a result of a breach of the tenancy agreement or this Act, the landlord or tenant entitled to claim damages has a duty to mitigate his damages.

(6) Without limiting subsection (5), where a tenant terminates a tenancy agreement or vacates or abandons residential premises, other than in accordance with this Act and the tenancy agreement, the landlord has a duty to again rent the residential premises at a reasonably economic rent.

(7) Where a landlord or tenant gives notice of termination in accordance with this Act and the tenant continues to occupy the residential premises after the date on which the notice is effective, the landlord may claim from the tenant compensation for the period the tenant continues to occupy the residential premises.

(8) Where a landlord is entitled to claim compensation under subsection (7) and a person brings proceedings against him to enforce a right to possess the residential premises being occupied by the tenant, the landlord may add the tenant as a third party to the proceedings.

(9) A person having rent in arrears or due on a lease or demise for life or lives may recover that arrears or rent as if the rent were due and received on a lease for years.

(10) The obligations of a landlord under sections 15 to 17 run with the land or reversion.

(11) Covenants touching and concerning the residential property run with the land or reversion whether or not the things are in existence at the time of the demise.

Historical Note(s): 1984-15-48.

Repealed

48.1  [Repealed 1992-43-15.]

Material terms

49.  (1) Subject to subsections (2) and (3) or to any other provision of this Act to the contrary, the common law rules respecting the effect of the breach of a material term by one party to a contract on the obligation to perform by the other party apply to a tenancy agreement.

(2) Except as otherwise provided in this Act, a tenant shall not refuse to pay rent by reason only of a breach by a landlord of a material term in a tenancy agreement.

(3) Where a landlord breaches a material term in a tenancy agreement, the tenant may elect to treat the tenancy agreement as terminated, but the agreement is not terminated until the tenant advises the landlord that he has so elected.

(4) A term, whether or not it is a material term, and a condition respecting residential premises or residential property contained in a tenancy agreement, is enforceable by or against a person in possession of, and a person having an interest in a reversion of, the residential premises.

(5) Subsection (4) does not affect the rights or liabilities of persons between whom, at common law, there is privity of contract or privity of estate.

Historical Note(s): 1984-15-49.

Monetary claims

49.1  (1) Subject to any applicable limitation period and to subsection (2), a landlord or tenant may commence an action or claim in debt or for damages against the other party in respect of a right or obligation under this Act or a tenancy agreement.

(2) An action or claim in debt or for damages that was not commenced in the Provincial Court before the coming into force of this subsection and that arises out of a right or obligation under this Act or a tenancy agreement, may not be brought in the Provincial Court.

Historical Note(s): 1989-60-14.

Court proceedings

50.  (1) Subject to section 13 (1), the Supreme Court may make an order respecting a right or obligation under this Act or a tenancy agreement.

(2) Subject to sections 13 (1) and 49.1 (2), the Provincial Court may make an order respecting a right or obligation under this Act or a tenancy agreement but shall not make an order

(a) in respect of a matter exceeding the monetary limit specified under the Small Claims Act;

(b) granting injunctive relief to a landlord or tenant, or

(c) for possession or occupation of residential premises.

(3) Except as otherwise agreed by the parties, a court proceeding under this Act or in respect of a tenancy agreement shall be brought in the court registry nearest to where the residential premises are located.

(4) Notwithstanding any other enactment, no order of a court in a proceeding involving a foreclosure, estate, matrimonial dispute or other proceeding that affects the possession of residential premises is enforceable against a tenant of the residential premises unless the tenant was made a party to the proceeding.

(5) Where 2 or more persons have a common interest in respect of a matter before a court, the court may permit one or more of those persons to appear and be heard on behalf of, or for the benefit of, those others who have a common interest.

(6) Notwithstanding any rules of court or any other enactment, where a court proceeding is brought under this Act or in respect of a tenancy agreement, a document respecting that proceeding may be served in accordance with section 51.

Historical Note(s): 1984-15-50; 1989-60-15; 1989-38-36; 1989-40-188.

How to serve documents in an arbitration of a monetary claim

50.1  (1) If in an arbitration of a monetary claim, a notice, document, order or process is required or permitted to be served it shall be served

(a) on a landlord

(i)  by serving it personally on the landlord or the landlord's agent, or,

(ii)  by sending it by registered mail to the landlord or the landlord's agent,

(b) on a tenant

(i)  by serving it personally on the tenant, or,

(ii)  by sending it by registered mail to the tenant at the address where the tenant resides, or

(c) as ordered by an arbitrator.

(2) Section 51 (4) (b) applies to service by registered mail under this section of a notice, document, order or process.

Historical Note(s): 1993-68-25.

Service of notices

51.  (1) Except as otherwise provided in this Act, a notice, process or document required or permitted to be given shall be given to a

(a) landlord by having it served personally on him or his agent, or by mailing it to him or his agent, and

(b) tenant by having it served personally on him, or by sending it by registered mail to him at the address where he resides.

(2) Where a notice, process or document cannot be served on a tenant because he is

(a) absent from the premises in which he resides, or

(b) evading service;

it may be given to the tenant by

(c) giving it to an adult person who apparently resides with the tenant, or

(d) posting it in a conspicuous place on some part of the premises where the tenant resides.

(3) Where a notice, process or document cannot be served on a landlord because he is

(a) absent from the premises in which he resides or in which he conducts his business, or

(b) evading service;

it may be given to the landlord by

(c) giving it to an adult person who

(i)  apparently resides with the landlord, or,

(ii)  is employed by the landlord, or

(d) posting it in a conspicuous place on some part of the premises where the landlord resides or conducts his business.

(4) A notice, process or document shall be deemed to have been received, where given by

(a) ordinary mail, on the seventh day after mailing;

(b) registered mail, on the earlier of

(i)  the seventh day after mailing, or,

(ii)  the day its receipt is acknowledged in writing by the landlord or tenant or by a person accepting it on his behalf, or

(c) posting it, on the third day after posting.

(5) Notwithstanding subsections (1) to (4), a court, in respect of a matter before it, may order that

(a) a notice, process or document be given in a manner it considers necessary, or

(b) a notice, process or document shall be deemed to have been sufficiently given for the purposes of this Act on a day it determines.

(6) Notwithstanding that a notice, process or document is not given in accordance with this section, it is sufficiently given for the purposes of this section if the person to whom it is to be given receives it and becomes aware of its nature.

Historical Note(s): 1984-15-51.

Offences

52.  (1) A person who contravenes section 2 (3), 6, 10, 11 (1), 12 (3), 15 (1) or (4), 15.1 (1), 16 (1), (2) or (4), 18 (1), 19 (1), 23 (3), 29 (5) or (5.1) or 48 (1) or (2) commits an offence and is liable, on conviction, to a fine of not more than $2 000.

(2) A person who contravenes or fails to comply with a decision or order made by an arbitrator commits an offence and is liable, on conviction, to a fine of not more than $2 000.

(3) Where a person commits an offence under this Act, the court, in addition to imposing a fine, may,

(a) where the offence arises out of a failure to pay money, order the person to pay the money, and

(b) where the person has contravened this Act, order the person to cease contravening this Act.

(4) Section 5 of the Offence Act does not apply to this Act or the regulations.

Historical Note(s): 1984-15-52; 1985-52-88, effective September 27, 1985 (B.C. Reg. 320/85); 1990-53-11; 1992-43-16.

Regulations

53.  The Lieutenant Governor in Council may make regulations including, but not limited to,

(a) requiring that a landlord or class of landlord post required information in specified locations;

(b) requiring that a tenancy agreement or class of tenancy agreement be in writing;

(c) exempting a landlord or tenant or class of landlord or tenant from a provision of this Act;

(d) prescribing, for breach of a regulation, a penalty not exceeding the penalty referred to in section 52 (1);

(e) prescribing those matters for which the Act provides that regulations be made or requirements prescribed;

(f) requiring a prescribed rent increase notice to be given and filed by a landlord or class of landlord under section 18 (3);

(g) prescribing the circumstances when a landlord may consider that a tenant has abandoned personal property, the manner in which a landlord may dispose of personal property abandoned by a tenant, how competing claims on the property are to be resolved, the circumstances in which the purchaser of abandoned personal property acquires a marketable title free of all encumbrances, how proceeds from the disposition of the property are to be dealt with and imposing a duty of care on the landlord respecting that property;

(h) prescribing the manner in which any transition problems arising by virtue of the repeal of the Residential Tenancy Act, R.S.B.C. 1979, c. 365, are to be resolved, and

(i) prescribing an amount for the purposes of the definition of "hotel tenant" in section 1 which amount may be different for different geographic areas of the Province.

Historical Note(s): 1984-15-53; 1985-52-89, effective September 27, 1985 (B.C. Reg. 320/85); 1989-60-16.

Repealed

54.  [Repealed 1989-60-17.]

Spent

55.  [Spent. 1984-15-55.]

Transitional

56.  (1) Where a landlord and tenant have entered into a tenancy agreement before this section comes into force, either the landlord or the tenant may, within 2 months after the coming into force of this section, give a notice in writing to the other party to the agreement that section 13 (1) does not apply to their tenancy agreement.

(2) An election made under subsection (1) is not enforceable unless it is in writing and has been served personally on, or sent by registered mail to, the other party to the agreement within the 2 month period.

(3) Notwithstanding subsection (2), a court may, on application made before or after the time period specified in subsection (1) expires, extend the time within which a person may give a notice under subsection (1).

(4) Where an election is made under subsection (1), the election shall be conclusively deemed to apply with respect to all applications referred to in section 13 (1).

Historical Note(s): 1984-15-56.

Validation

57.  (1) Section 13 (2) of B.C. Reg. 26/81, as amended by B.C. Reg. 238/83, is confirmed and shall be conclusively deemed to have been validly made on July 7, 1983.

(2) Section 16.1 of B.C. Reg. 26/81 is repealed and shall be conclusively deemed never to have come into force.

(3) [Spent. 1984-15-57 (3).]

(4) Where the rentalsman made an order under section 69 of the Residential Tenancy Act, R.S.B.C. 1979, c. 365, on or after July 7, 1983, the order shall be conclusively deemed to have been made under section 69 of that Act as amended by subsection (3) of this section, and an order of the rentalsman that would have been valid if made under section 69 of that Act as amended by subsection (3) of this section is declared to be valid.

(5) This section is retroactive to the extent necessary to give it effect on and after July 7, 1983.

Historical Note(s): 1984-15-57.

Validation

57.1  (1) In this section "section 8.1" means section 8.1 of B.C. Reg. 26/81 as enacted by B.C. Reg. 325/89.

(2) Section 8.1 is confirmed and shall be conclusively deemed to have been validly made on October 17, 1989.

(3) A notice given in contravention of section 8.1 (1) (a) or (b) is invalid.

(4) No tenancy agreement to which section 8.1 (1) (c) applies on or after October 17, 1989 is frustrated only because this section was not in force on that date.

(5) This section is retroactive to the extent necessary to give it effect on and after October 17, 1989.

Historical Note(s): 1990-53-10.

Spent

58-61.  [Consequential amendments and repeals. Spent. 1984-15-58 to 61.]

Commencement

62.  This Act comes into force by regulation of the Lieutenant Governor in Council.

Historical Note(s): 1984-15-62.

[Editorial Note(s): Section 57 effective July 7, 1983 and sections 53, 55 and 56 effective May 2, 1984 (B.C. Reg. 114/84). Sections 1 to 52, 58 to 60, 61 (1) (a) and (b) and 61 (2) effective July 1, 1984, section 61 (1) (c) effective August 1, 1984 and sections 54 and 61 (1) (d) effective October 1, 1984 (B.C. Reg. 217/84).]