Residential Tenancies Act

Consolidated act
Citation
R.S.N.W.T. 1988, c.R-5
Source
Unofficial consolidation PDF (justice.gov.nt.ca)

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Cited by
Contents
1. Definitions 2. Contractual relationship between landlord and tenant 3. No remedy of distraint 4. Breach of covenant 5. Mitigation of damages 6. Application 7. Application of Frustrated Contracts Act 8. Binding provision 9. Tenancy agreement 10. Provisions of tenancy agreement 11. Delivery of copy of agreement 12. Additional rights and obligations 13. Accelerated rent 14. Security deposit 14.1. Amount of pet security deposit 14.2. Prohibition 15. Inspection on commence- 16. Interest on security deposits 17. Obligation respecting security deposits 17.1. Inspection on termination 18. Definitions 18.1. Application to rental officer 18.2. Right to return of deposit extinguished 19. Change of landlord 20. Consequences of change of 21. Change of tenant by assignment 22. Right to assign or sublet 23. Charge for consent 24. Rights and obligations of subtenant 25. Alteration of locks to rental premises 26. Entering rental premises 27. Entry without notice 28. Remedies 29. Entry by political canvassers 30. Obligation to repair 31. Agreement where tenant to repair 32. Payment of rent to rental officer 33. Definition: "vital service" 34. Quiet enjoyment 35. Seizure of property of tenant 36. Notice of legal name of landlord 36.1. Receipt for payment 37. Copy of Act 38. Tenant directory 39. Compliance with additional obligations 40. Safety devices 41. Obligation to pay rent 42. Responsibility for repair of damage 43. Quiet enjoyment 44. Landlord to investigate complaints 45. Compliance with additional obligations 46. Illegal activities 46.1. Definition: "cannabis" 47. Rent increases 48. Restriction on termination of tenancy 49. Automatic renewal of tenancy 50. Agreement to terminate 51. Termination by tenant of fixed term agreement 52. Termination by tenant of periodic tenancy agreement 53. Early termination by tenant 54. Notice of early termination by landlord 54.1. Early termination for family violence 55. Contents of tenant’s termination 56. Termination of tenancy where 57. Termination of tenancies of different 58. Termination for landlord’s use or sale 59. Termination for demolition, change of use 60. Remedy for improper termination 61. Application of government authority 62. Abandonment 62.1. Termination for failure to comply with mediated agreement 63. Application for eviction 63.1. Eviction where interest in land 64. Abandoned personal property 65. Sale of unclaimed property 66. Remedies for wrongful sale 67. Rent due 68. Application to rental officer 69. Application to judge of Supreme Court or territorial judge 70. Summary application to judge of Supreme Court or territorial judge 71. Methods of service or notice 72. Appointment of Chief Rental Officer 73. Duty 74. Powers 74.1. Limitation of liability 74.2. Powers of Chief Rental 74.3. Report 75. Expediency 76. Filing and service of application 77. No dis- qualification 78. Hearing issues together or separately 79. Examination of materials 79.1. Mediated agreements 80. Power of rental officer to question parties 81. Repealed 82. Decision 83. Order of rental officer 84. Deducting compensation from rent 84.1. Reasons 84.2. Correction of order 85. Authority of order 86. Filing of order 86.1. Writ of possession 86.2. Powers of sheriff 87. Appeal to judge of Supreme Court 88. Stay of order 89. Decision on appeal 90. Further appeal 91. Offences 92. Regulations SCHEDULE
Regulations
Residential Tenancies Regulations

Definitions

1.

(1) In this Act,

"approved form" means a form approved by the Minister; (forme agréée)

"caretaker’s unit" means rental premises used by a person employed as a caretaker, janitor, manager, watchman, security guard or superintendent in respect of a residential complex in which the rental premises are situated; (loge)

"Chief Rental Officer" means the Chief Rental Officer appointed under subsection 72(1); (régisseur en chef)

"common areas" include yards, walkways, steps, driveways, alleys and corridors; (aires communes)

"entry inspection report" means a report in respect of the condition and contents of rental premises, prepared after an inspection of the premises, in accordance with subsection 15(3); (rapport d’inspection initiale)

"exit inspection report" means a report in respect of the condition and contents of rental premises, prepared after an inspection of the premises at the end of a tenancy; (rapport d’inspection finale)

"housing co-operative association" means an association incorporated under the Co-operative Associations Act that is a non-profit corporation the main purpose of which is to provide living accommodation for its members; (coopérative d’habitation)

"landlord" includes the owner, or other person permitting occupancy of rental premises, and his or her heirs, assigns, personal representatives and successors in title and a person, other than a tenant occupying rental premises, who is entitled to possession of a residential complex and who attempts to enforce any of the rights of a landlord under a tenancy agreement or this Act, including the right to collect rent; (locateur)

"mobile home" means a dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer or tent trailer or trailer otherwise designed; (maison mobile) "mobile home park" means land on which two or more occupied mobile homes are located for a period of 60 days or more, and includes all common areas, services and facilities available for the use of the tenants of the mobile homes; (parc de maisons mobiles)

"pet security deposit" means money paid, or any property, right or value given, by a tenant to a landlord, landlord’s agent or to anyone acting on the landlord’s behalf, as security for damage that may be caused to rental premises by a pet; (dépôt pour animal de compagnie)

"rent" includes the amount of any consideration paid or required to be paid by a tenant to a landlord or his or her agent for the right to occupy rental premises and for any services and facilities, privilege, accommodation or thing that the landlord provides for the tenant in respect of his or her occupancy of the rental premises, whether or not a separate charge is made for the services and facilities, privilege, accommodation or thing; (loyer)

"rental officer" means a rental officer appointed under subsection 72(1.1) or the Chief Rental Officer appointed under subsection 72(1); (régisseur)

"rental premises" means a living accommodation or land for a mobile home used or intended for use as rental premises and includes a room in a boarding house or lodging house; (logement locatif)

"residential complex" means a building, related group of buildings or mobile home park, in which one or more rental premises are located and includes all common areas, services and facilities available for the use of tenants of the building, buildings or park; (ensemble d’habitation)

"security deposit" means money paid, or any property, right or value given, by a tenant to a landlord, landlord’s agent or to anyone acting on the landlord’s behalf, as security for damage that may be caused to rental premises or for any arrears of rent; (dépôt de garantie)

"services and facilities" includes furniture, appliances and furnishings, parking and related facilities, laundry facilities, elevator facilities, common recreational facilities, garbage facilities and related services, cleaning or maintenance services, storage facilities, intercom systems, cable television facilities, heating facilities or services, air-conditioning facilities, utilities and related services, and security services or facilities; (services et installations)

"spouse" has the meaning assigned to it by section 1 of the Family Law Act; (conjoint)

"subsidized public housing" means rental premises rented to an individual or family of low or modest income at a reduced rent determined by the income of the tenant and funded by the Government of Canada, the Government of the Northwest Territories or a municipality or an agency of the Government of Canada, the Government of the Northwest Territories or a municipality pursuant to the National Housing Act (Canada) or the Housing Northwest Territories Act; (logement public subventionné)

"subtenant" means a person who has been given the right to occupy rental premises by a tenant; (sous- locataire)

"tenancy agreement" means an agreement between a landlord and a tenant for the right to occupy rental premises, whether written, oral or implied, including renewals of such an agreement; (bail)

"tenant" means a person who pays rent in return for the right to occupy rental premises. (locataire)

Tenant

(1.1) For the purposes of this Act, if a rental premises is other than subsidized public housing, "tenant" includes the tenant’s heirs, assigns and personal representatives.

Vacating premises

(2) For the purposes of this Act, a tenant has vacated the rental premises and the residential complex where the tenancy has been terminated in accordance with this Act and

(a) the tenant has left the rental premises and informed the landlord that the tenant does not intend to return; or

(b) the tenant does not ordinarily live in the rental premises and the rent the tenant has paid is no longer sufficient to meet the tenant’s obligation to pay rent.

Abandoning rental premises

(3) For the purposes of this Act, a tenant has abandoned the rental premises and the residential complex where the tenancy has not been terminated in accordance with this Act and

(a) the landlord has reasonable grounds to believe that the tenant has left the rental premises; or

(b) the tenant does not ordinarily live in the rental premises, has not expressed an intention to resume living in the rental premises, and the rent the tenant has paid is no longer sufficient to meet the tenant’s obligation to pay rent.

Damage or disturbance by pet

(4) For the purposes of this Act, any damage caused by a pet to a residential complex or rental premises, or any disturbance caused by a pet, is deemed to be caused by the tenant if the pet is permitted in the residential complex or rental premises by the tenant or by a person permitted in the complex or premises by the tenant. SNWT 1998,c.17,s.26; SNWT 2008,c.9,s.2(1),(3),(4); SNWT 2017,c.21, s.2; SNWT 2019,c.21,s.9(2); SNWT 2023,c.8,s.17(2).

Contractual relationship between landlord and tenant

2.

(1) For the purposes of this Act, the relationship of landlord and tenant created under a tenancy agreement is one of contract only and does not create any interest in land in favour of the tenant.

Exception

(2) Notwithstanding subsection (1), where a written tenancy agreement is for a term of more than three years, an interest in land in favour of a tenant may be created pursuant to the Land Titles Act.

Interesse termini

(3) The doctrine of interesse termini is abolished.

Effective date of tenancy agreement

(4) A tenancy agreement takes effect on the date the tenant is entitled to occupy the rental premises. RSNWT 1988,c.8(Supp.),s.246; SNWT 2008,c.9, s.3.

No remedy of distraint

3.

(1) No landlord shall distrain for rent payable under a tenancy agreement on the goods and chattels of any person.

No distraint under other law

(2) No person authorized by any Act or other law or agreement to recover rent payable for rental premises shall distrain on the goods and chattels of a tenant of rental premises. SNWT 2011,c.16,s.22(2).

Breach of covenant

4.

Subject to this Act, the common law rules respecting the effect of a breach of a material covenant by one party to a tenancy agreement on the obligation to perform by the other party, apply to tenancy agreements.

Mitigation of damages

5.

(1) Where a landlord or tenant is liable to the other for damages as a result of a breach of a tenancy agreement or this Act, the landlord or tenant entitled to claim damages shall mitigate his or her damages.

Obligation to rent

(2) Without limiting subsection (1), where a tenant terminates a tenancy agreement, contravenes a tenancy agreement, or vacates or abandons rental premises, other than in accordance with this Act or the tenancy agreement, the landlord shall rent the rental premises again as soon as is practicable and at a reasonable rent in order to mitigate the damages of the landlord.

APPLICATION

Application

6.

(1) Subject to this section, this Act applies only to rental premises and to tenancy agreements, notwithstanding any other Act or any agreement or waiver to the contrary.

Exemptions

(2) This Act does not apply to

(a) transient living accommodation provided in a hotel, motel, tourist establishment, hostel or other similar accommodation;

(b) living accommodation occupied as a vacation home for a seasonal or temporary period;

(c) living accommodation provided by a housing co-operative association to its members;

(d) living accommodation occupied by a person for penal, correctional, rehabilitative or therapeutic purposes or for the purpose of receiving care;

(e) living accommodation established to temporarily shelter persons in need;

(f) living accommodation provided by a hospital, a nursing home or a home for the aged to its patients;

(g) living accommodation provided by a hospital, a nursing home or a home for the aged to its staff unless the living accommodation has its own self- contained bathroom and kitchen facilities and is intended for year-round occupation by full-time staff or members of their household;

(h) living accommodation provided by an educational institution to its students or staff unless the living accommodation has its own self-contained bathroom and kitchen facilities and is intended for year- round occupation by full-time students or staff or members of their households;

(i) living accommodation situated in a building used for non-residential purposes where the occupancy of the living accommodation is necessarily connected with the employment of the occupant in, or the performance by the occupant of services related to, a non- residential business or enterprise carried on in the building; and

(j) premises occupied for business or agricultural purposes with living accommodation attached under a single tenancy agreement where the person occupying the living accommodation is occupying the premises for business or agricultural purposes.

Application of Frustrated Contracts Act

7.

(1) The Frustrated Contracts Act applies to a tenancy agreement.

Application of Human Rights Act

(2) The Human Rights Act applies to a tenancy agreement.

Non- application of Arbitration Act

(3) The Arbitration Act does not apply to mediation of disputes between landlords and tenants. SNWT 2002,c.18,s.78.

BINDING PROVISION

Binding provision

8.

Subject to this Act, this Act binds

(a) the Government of the Northwest Territories and its agents where it is a landlord or a tenant of rental premises; and

(b) a housing association and a housing authority as defined in the Housing Northwest Territories Act.

SNWT 2023,c.8,s.17(3).

TENANCY AGREEMENTS

Tenancy Agreements

Tenancy agreement

9.

(1) A tenancy agreement may be oral, written or implied.

Term of oral or implied tenancy agreement

(2) An oral or implied tenancy agreement for a term greater than one year is deemed to be a tenancy agreement for one year only.

Written tenancy agreement

(3) A written tenancy agreement must be signed by the parties or their agents and may be in the form of a tenancy agreement set out in the regulations.

Where tenancy agreement deemed to be in writing

(4) A tenancy agreement is deemed to be in writing where it has been signed by one party or his or her agent, given to the other party or his or her agent and the landlord permits the tenant to take occupancy of the rental premises. SNWT 2008,c.9,s.4.

Provisions of tenancy agreement

10.

(1) A tenancy agreement is deemed to include the provisions of the form of a tenancy agreement set out in the regulations and, subject to subsection 12(1), any provision of a tenancy agreement that is inconsistent with the provisions of the form of tenancy agreement set out in the regulations has no effect.

Application of section

(2) Subsection (1) applies to all tenancy agreements that are in effect on or after the day on which this section comes into force. SNWT 2008, c.9,s.5.

Delivery of copy of agreement

11.

(1) Where a tenancy agreement is in writing, the landlord shall ensure that a copy of the agreement, signed by the landlord and tenant, is given to the tenant within 60 days after it has been signed by the tenant and delivered to the landlord.

Failure to deliver copy of agreement

(2) Where a landlord does not deliver a copy of a tenancy agreement in compliance with subsection (1), a tenant may pay to a rental officer the rent lawfully required on the subsequent dates specified by the tenancy agreement until the landlord complies with subsection (1).

Burden of proof

(3) The burden of proof that a landlord has complied with subsection (1) is on the landlord.

Recovery of rent

(4) A landlord who complies with subsection (1) after a tenant has paid his or her rent to a rental officer may recover the rent paid by the tenant from the rental officer.

Additional rights and obligations

12.

(1) A landlord and tenant may include in a written tenancy agreement additional rights and obligations that are not inconsistent with this Act and the

Additional obligation

(2) Where an additional obligation concerns the tenant’s use, occupancy or maintenance of the rental premises or residential complex, the obligation cannot be enforced unless it is reasonable in all circumstances.

Rules

(3) A landlord shall not establish, modify or enforce rules concerning the tenant’s use, occupancy or maintenance of the rental premises or residential complex, unless the rules are reasonable in all circumstances, in writing and made known to the tenant.

Application to rental officer

(4) A landlord or tenant may apply to a rental officer to determine whether an obligation or rule is reasonable.

Order

(5) A rental officer who receives an application under subsection (4) may determine whether an obligation or rule is reasonable and order the landlord or tenant to comply. SNWT 2008,c.9,s.6.

Accelerated rent

13.

A tenancy agreement must not contain any provision to the effect that a breach of the tenant’s obligation under the tenancy agreement or this Act results in the whole or any part of the remaining rent becoming due and payable or results in a specific sum becoming due and payable, and a provision of this kind is of no effect. SNWT 2008,c.9,s.7.

Security deposit

14.

(1) No landlord shall require or receive a security deposit from a tenant other than

(a) in the case of a weekly tenancy, an amount equal to the rent for a period not exceeding one week; or

(b) in the case of a tenancy other than a weekly tenancy, an amount equal to the rent for a period not exceeding one month.

Payment of security deposit

(2) Where a tenant is liable for a security deposit for a tenancy other than a weekly tenancy, the tenant may pay

(a) 50% of the security deposit at the commencement of the tenancy; and

(b) the remaining 50% of the security deposit within three months of the commencement of the tenancy.

Subsidized public housing

(3) A landlord of subsidized public housing and a landlord who is an employer that provides his or her employees with rental premises at a subsidized rent may require a security deposit that is calculated on the market-value rent of the rental premises. SNWT 2008,c.9,s.8.

(4) - (6) Repealed, SNWT 2008,c.9,s.8(4).

Amount of pet security deposit

14.1.

(1) A landlord shall not require or receive a pet security deposit from a tenant other than

(a) in the case of a weekly tenancy, an amount equal to 50% of the rent for a period not exceeding one week; or

(b) in the case of a tenancy other than a weekly tenancy, an amount equal to 50% of the rent for a period not exceeding one month.

Amount where rent is subsidized

(2) A landlord of subsidized public housing, or a landlord who is an employer that provides his or her employees with rental premises at a subsidized rent, may require a pet security deposit that is calculated on the market-value rent of the rental premises.

Prohibition

(3) A landlord shall not require or receive a pet security deposit from a tenant

(a) unless the tenant keeps or intends to keep a pet on the rental premises; or

(b) in respect of a service animal used by a person with a disability to avoid hazards or to otherwise compensate for the disability.

No more than one pet security deposit

(4) A landlord shall not require or receive from a tenant more than one pet security deposit in respect of the rental premises, regardless of the number of pets that the landlord has agreed the tenant may keep on the rental premises.

Transitional

(5) A landlord shall not require or receive a pet security deposit from a tenant who has continuously occupied the rental premises for a period commencing before September 1, 2010, if the tenant had been permitted to have a pet under the terms of the tenancy agreement in effect immediately before that day. SNWT 2008,c.9,s.9; SNWT 2011,c.16,s.22(3).

Prohibition

14.2.

(1) A landlord shall not require or receive from a tenant or prospective tenant any amount as a deposit for damages or for arrears of rent, or any other amount as a condition of entering a tenancy agreement, other than a security deposit and, if applicable, a pet security deposit.

Remedy

(2) Where, on the application of a landlord or a tenant, a rental officer determines that an obligation imposed by section 14 or 14.1, or this section, has been breached, the rental officer may make an order,

(a) where the tenant has failed to pay the required security deposit or pet security deposit, requiring the tenant to pay the deposit to the landlord;

(b) where a landlord breaches section 14, 14.1 or this section, requiring the landlord to return any amount of security deposit or pet security deposit that is in excess of the maximum amount permitted;

(c) requiring the person who breached the obligation to compensate the party affected for loss suffered as a direct result of the breach; or

(d) terminating the tenancy on a date specified in the order and ordering the tenant to vacate the rental premises on that date.

SNWT 2008,c.9,s.9.

Inspection on commence-

15.

(1) A landlord or his or her agent shall

(a) conduct an inspection of the condition and contents of rental premises at the beginning of a tenancy; and

(b) offer the tenant reasonable opportunities to participate in the inspection.

Inspection during tenancy for pet deposit

(2) If an inspection and entry inspection report were not completed under this section at the beginning of a tenancy, and a landlord requires a pet security deposit from a tenant who, during the tenancy, acquires or plans to acquire a pet, the landlord or his or her agent shall

(a) inspect the condition and contents of the rental premises when the landlord agrees that the tenant may keep the pet on the premises; and

(b) offer the tenant reasonable opportunities to participate in the inspection.

Entry inspection report

(3) Without delay on the completion of an inspection, the landlord or his or her agent shall

(a) prepare an entry inspection report;

(b) sign the entry inspection report; and

(c) provide the tenant with the opportunity to include comments in the entry inspection report and to sign it.

Form of entry inspection report

(4) An entry inspection report may be in the approved form.

Copy to tenant

(5) A landlord shall ensure that a copy of an entry inspection report is given to the tenant within five days after the day of the inspection.

Retention of report

(6) A landlord shall

(a) retain an entry inspection report for at least 18 months after the tenant vacates or abandons the rental premises; and

(b) make an entry inspection report available to a rental officer upon request.

SNWT 2008,c.9,s.10; SNWT 2015,c.8,s.2.

Interest on security deposits

16.

(1) A landlord who receives an amount as a security deposit or pet security deposit in respect of rental premises shall calculate interest on the amount, at a rate determined in accordance with the regulations, and shall annually credit the interest to the tenant on the statement of account maintained in respect of the deposit.

Period of crediting interest

(2) Interest referred to in subsection (1) must be credited to the tenant up to the date he or she vacates or abandons the rental premises. SNWT 2008, c.9, s.10.

Obligation respecting security deposits

17.

(1) A landlord shall keep all security deposits, pet security deposits and interest separate and apart from money belonging to the landlord.

Deposits held in trust

(2) A landlord shall hold all security deposits , pet security deposits and interest in trust.

Authorized investment

(3) A landlord shall

(a) only invest security deposits, pet security deposits and interest as directed by the Trustee Act; or

(b) deposit all security deposits and pet security deposits in a trust account in a bank within the Northwest Territories.

SNWT 2008,c.9,s.11.

Inspection on termination

17.1.

(1) A landlord or his or her agent shall

(a) conduct an inspection of the condition and contents of rental premises vacated by a tenant at the end of a tenancy; and

(b) offer the tenant reasonable opportunities to participate in the inspection.

Inspection on abandonment

(2) A landlord or his or her agent shall, with or without the tenant, conduct an inspection of the condition and contents of rental premises abandoned by the tenant, within one week after the day the landlord ascertains that the tenant has abandoned the rental premises.

Exit inspection report

(3) Without delay on the completion of an inspection, the landlord or his or her agent shall

(a) prepare an exit inspection report;

(b) sign the exit inspection report; and

(c) if the tenant participated in the inspection, provide the tenant with an opportunity to include comments in the exit inspection report and to sign it.

Form of exit inspection report

(4) An exit inspection report may be in the approved form.

Copy to tenant

(5) A landlord shall ensure that a copy of an exit inspection report is given to the tenant within five days after the day of the inspection.

Retention of report

(6) A landlord shall

(a) retain an exit inspection report for at least 18 months after the tenant vacates or abandons the rental premises; and

(b) make an exit inspection report available to a rental officer upon request.

SNWT 2008,c.9,s.12; SNWT 2015,c.8,s.3.

Definitions

18.

(1) In this section and in section 18.1, a reference to "security deposit" or "pet security deposit" includes any interest owing under section 16.

Interpretation

(2) For the purposes of this section, a tenant abandons rental premises on the day the landlord ascertains that the tenant has abandoned the rental premises.

Return of deposit

(3) Subject to this section, a landlord who holds a security deposit, a pet security deposit or both shall, within 10 days after the day a tenant vacates or abandons the rental premises, ensure that

(a) the deposit is returned to the tenant; and

(b) the tenant is given an itemized statement of account for the deposit or deposits.

Retention of deposit

(4) A landlord may, in accordance with this section, retain all or a part of a security deposit, a pet security deposit or both for arrears of rent owing from a tenant to the landlord in respect of the rental premises, and for repairs of damage to the premises caused by the tenant or a person permitted on the premises by the tenant.

Failure to complete reports

(5) A landlord may not retain any amount of a security deposit or pet security deposit for repairs of damage to the rental premises if the landlord or his or her agent

(a) fails to complete an entry inspection report and an exit inspection report; or

(b) fails, without a reasonable excuse accepted by a rental officer, to give a copy of each report to the tenant.

dTransitional

(6) Subsection (5) applies in respect of a tenancy agreement entered into on or after the day on which this section comes into force.

Withholding amount from deposit

(7) A landlord who intends to withhold all or a portion of a security deposit, a pet security deposit or both shall, within 10 days after the day a tenant vacates or abandons the rental premises,

(a) give written notice to the tenant of that intention; and

(b) subject to subsection (9), return the balance of the deposit or deposits to the tenant.

Contents of notice

(8) A notice must include

(a) an itemized statement of account for the deposit or deposits;

(b) a final itemized statement of account for any arrears of rent that the landlord is claiming; and

(c) subject to subsection (9), a final itemized statement of account for any repairs that the landlord is claiming.

Delay in determining amount

(9) A landlord who is unable to determine the correct amount of the cost of repairs within 10 days after the day a tenant vacates or abandons the rental premises, shall

(a) include with the notice referred to in subsections (7) and (8) an estimated itemized statement of account for any repairs; and

(b) within 30 days after the day the tenant vacates or abandons the rental premises,

(i) give the tenant a final itemized statement of account for any repairs that the landlord is claiming, and

(ii) return the balance of the deposit or deposits to the tenant.

Extension if significant damage

(10) Notwithstanding paragraphs (7)(b), (8)(c) and (9)(b), if there is significant damage to the rental premises and the landlord is unable to determine the correct amount of the cost of repairs within 30 days after the tenant vacates or abandons the rental premises, the 30-day period under paragraph (9)(b) is extended to 45 days. SNWT 2008,c.9,s.12.

Application to rental officer

18.1.

Where, on the application of a tenant, a rental officer determines that a landlord has breached an obligation under section 18, or has failed to return an amount of a security deposit, pet security deposit or both that is owing to the tenant, the rental officer may make an order

(a) requiring the landlord to comply with the landlord’s obligation; or

(b) requiring the landlord to return all or part of the security deposit, pet security deposit or both.

SNWT 2008,c.9,s.12.

Right to return of deposit extinguished

18.2.

A tenant is not entitled to the return of any amount of a security deposit or pet security deposit after the expiry of one year after the date the tenant vacated or abandoned the rental premises to which it relates if, during the year, the landlord made all reasonable efforts to locate the tenant to return the amount, but was unsuccessful in doing so. SNWT 2008,c.9,s.12.

Change of Landlord or Tenant

Change of landlord

19.

(1) Where there is a change of landlord, all rights and obligations arising under this Act, and any additional rights and obligations arising under a written tenancy agreement, bind the new landlord.

Person to whom rent is payable

(2) A tenant may continue, without prejudice, to pay rent to the landlord until the tenant has received a written notice that a new landlord has acquired the residential complex and is attempting to enforce any of the rights of the landlord under this Act or the tenancy agreement, including the right to collect rent.

Where tenant uncertain

(3) Where a tenant is uncertain about who is entitled to be paid the rent, the tenant may request a rental officer to inquire into the matter.

Payment of rent to rental officer

(4) Where the rental officer is unable to ascertain the person entitled to the rent pursuant to a request referred to in subsection (3), the rental officer may direct the tenant to pay his or her rent to the rental officer until the person entitled to the rent is determined, at which time the rent must be paid to that person. SNWT 2008,c.9,s.13; SNWT 2019,c.21, s.9(3).

Consequences of change of

20.

Where there is a change of landlord,

(a) the new landlord is liable to a tenant for any breach of the landlord’s obligations under this Act or the tenancy agreement, where the breach relates to the period after the change of landlord, whether or not the breach began before the change of landlord;

(b) the former landlord is liable to a tenant for any breach of the landlord’s obligations under this Act or the tenancy agreement, where the breach relates to the period before the change of landlord;

(c) the new landlord is entitled to enforce against a tenant any obligation of the tenant under this Act or the tenancy agreement, where the breach of obligation relates to the period after the change of landlord, whether or not the breach began before the change of landlord;

(d) the former landlord is entitled to enforce against a tenant any obligation of the tenant under this Act or the tenancy agreement, where the breach of obligation relates to the period before the change of landlord; and

(e) where the former landlord has started a proceeding under this Act before the change of landlord that may affect the rights or obligations of the new landlord, the new landlord is entitled to join in or continue the proceeding.

Change of tenant by assignment

21.

(1) Where a tenant has assigned a tenancy agreement to another person, all the rights and obligations arising under this Act, and any additional rights and obligations arising under the written tenancy agreement, bind the new tenant.

No change of tenant by a subletting

(2) A tenant who sublets remains entitled to the rights of a tenant and is liable to the landlord for breaches of the tenant’s obligations, under this Act or the tenancy agreement.

Assignment and Subletting

Right to assign or sublet

22.

(1) Where a tenant has a tenancy agreement for a period of six months or more or has no fixed tenancy agreement and has occupied a rental premises for a period of six months or more, the tenant may, subject to subsection (2), transfer his or her right to occupy the rental premises to another person but the transfer must be either

(a) an assignment where the tenant does not intend to return to the rental premises, and the tenant gives up all his or her interest in the rental premises to the other person; or

(b) a subletting, where the tenant

(i) intends to return to the rental premises,

(ii) gives the right to occupy the rental premises to another person for a term ending on a specified date before the end of the tenant’s term, and

(iii) will resume occupancy on that date.

Consent

(2) An assignment or subletting is not valid unless the landlord has given written consent, which must not be unreasonably withheld.

Refusal of consent

(3) Where a landlord unreasonably withholds consent to an assignment or subletting, a tenant may request an order from a rental officer permitting the assignment or subletting without the landlord’s written consent.

Order

(4) A rental officer may issue an order permitting the assignment or subletting without the landlord’s written consent pursuant to a request referred to in subsection (3). SNWT 2008,c.9,s.14; SNWT 2019, c.21, s.9(3).

Charge for consent

23.

(1) A landlord shall not charge for giving consent to an assignment or subletting except for reasonable expenses incurred to give the consent, not exceeding $50.

Form of consent

(2) A consent to an assignment or subletting may be in the approved form and must be signed by the landlord or agent of the landlord.

Form of assignment and subletting

(3) An assignment or a subletting agreement may be in the approved form.

Signature of assignment

(4) An assignment must be signed by the tenant and new tenant or their agents.

Signature of subletting

(5) A subletting agreement must be signed by the tenant and subtenant or their agents.

Copy of tenancy agreement

(6) Where there is a written tenancy agreement, a copy of the tenancy agreement must be attached to the assignment or subletting agreement.

When assignment or subletting takes effect

(7) An assignment or subletting takes effect on the date the new tenant or subtenant is entitled to occupy the rental premises.

Exception

(8) This section and section 22 do not apply to subsidized public housing and rental premises provided by an employer to an employee as a benefit of employment. SNWT 2008,c.9,s.15.

Rights and obligations of subtenant

24.

(1) A subtenant is entitled to the rights of the tenant, and is liable to the tenant for any breaches of the tenant’s obligations under this Act or the subtenant’s obligations under the subletting agreement, during the term of the subletting.

When subtenant to vacate

(2) A subtenant shall cease to occupy the rental premises at the end of the term of the subletting.

RIGHTS AND OBLIGATIONS

Mutual Obligations

Alteration of locks to rental premises

25.

(1) No landlord or tenant shall, during occupancy of the rental premises by the tenant, alter or cause to be altered the locking system on any door giving entry to the rental premises except by mutual consent.

Alteration of locks to residential complex

(2) A landlord or tenant shall not change the locks on any entrance to the residential complex so as to unreasonably interfere with the other’s access to the complex.

Remedies

(3) Where, on the application of a landlord or a tenant, a rental officer determines that an obligation imposed by this section has been breached, the rental officer may make an order

(a) requiring the person who breached the obligation to give access to the rental premises or to the residential complex;

(b) requiring the person who breached the obligation not to breach the obligation again; or

(c) requiring the person who breached the obligation to compensate the party affected for loss suffered as a direct result of the breach.

Entering rental premises

26.

(1) A landlord shall not enter rental premises except as provided by this section and section 27.

Right of landlord to enter

(2) A landlord has the right to enter rental premises, and a tenant shall permit the landlord to enter,

(a) to perform the landlord’s obligations under this Act and the tenancy agreement;

(b) to inspect the rental premises where the tenant has requested the consent of the landlord to an assignment or subletting;

(c) to show the rental premises to prospective tenants where

(i) the tenant has given notice to terminate the tenancy,

(ii) the landlord and tenant have agreed to terminate, or

(iii) a rental officer has made an order terminating the tenancy;

(d) to show the rental premises to prospective purchasers of the residential complex;

(e) to inspect the rental premises every six months;

(f) to permit a mortgagee or prospective mortgagee or an insurer or prospective insurer to inspect the premises where a mortgage or insurance coverage is being arranged or renewed on the residential complex;

(f.1) to conduct an inspection under section 15; or

(g) to inspect the rental premises on the day the tenant is required to vacate the premises to determine if the tenant has fulfilled the tenant’s obligations under this Act and the tenancy agreement.

Notice

(3) A landlord who intends to exercise the right to enter under subsection (2) shall give written notice to the tenant at least 24 hours before the first time of entry under the notice, specifying the purpose of the entry and the days and the hours during which the landlord intends to enter the rental premises.

Hours when entry permitted

(4) The hours during which the landlord intends to enter the rental premises must be between 8:00 a.m. and 8:00 p.m.

Tenant may specify alternative hours

(5) Unless the tenant objects to the days and hours set out in the notice of the landlord and specifies alternative days and hours that are reasonable in the circumstances, the landlord may enter in accordance with the notice given under subsection (3). SNWT 2008,c.9,s.16.

Entry without notice

27.

(1) A landlord has the right to enter the rental premises without giving the notice required by subsection 26(3) where

(a) an emergency exists;

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

(c) the landlord has reasonable grounds to believe that the tenant has vacated or abandoned the rental premises.

Entry without permission

(2) In the case referred to in paragraph (1)(a), a landlord has a right to enter even though the tenant is not at home at the time and has not given his or her permission to the landlord to enter.

Where tenant present

(3) In the case referred to in paragraph (1)(a), where a tenant is at home at the time, the tenant shall permit the landlord to enter.

Remedies

28.

Where, on the application of a landlord or a tenant, a rental officer determines that an obligation imposed by section 26 or 27 has been breached, the rental officer may make an order

(a) requiring the person who breached the obligation to not breach the obligation again; or

(b) requiring the person who breached the obligation to compensate the affected party for loss suffered as a direct result of the breach.

Entry by political canvassers

29.

A landlord shall not restrict reasonable access to the residential complex by candidates, or their authorized representatives, for election to the House of Commons, the Legislative Assembly or any office of a municipal government or a District Education Authority, for the purpose of canvassing or distributing election material. SNWT 1995, c.28, s.161.

Landlord’s Obligations

Obligation to repair

30.

(1) A landlord shall

(a) provide and maintain the rental premises, the residential complex and all services and facilities provided by the landlord, whether or not included in a written tenancy agreement, in a good state of repair and fit for habitation during the tenancy; and

(b) ensure that the rental premises, the residential complex and all services and facilities provided by the landlord comply with all health, safety and maintenance and occupancy standards required by law.

Reduction of services

(2) Any substantial reduction in the provision of services and facilities is deemed to be a breach of subsection (1).

Knowledge of state of non-repair

(3) Subsection (1) applies even where a tenant had knowledge of any state of non-repair before the tenant entered into the tenancy agreement.

Remedies

(4) Where, on the application of a tenant, a rental officer determines that the landlord has breached an obligation imposed by this section, the rental officer may make an order

(a) requiring the landlord to comply with the landlord’s obligation;

(b) requiring the landlord to not breach the landlord’s obligation again;

(c) authorizing any repair or other action to be taken by the tenant to remedy the effects of the landlord’s breach and requiring the landlord to pay any reasonable expenses associated with the repair or action;

(d) requiring the landlord to compensate the tenant for loss that has been or will be suffered as a direct result of the breach; or

(e) terminating the tenancy on a date

tenant to vacate the rental premises on that date.

Notice of substantial breach

(5) A tenant shall give reasonable notice to the landlord of any substantial breach of the obligation imposed by subsection (1) that comes to the attention of the tenant.

Delay

(6) A landlord shall, within 10 days, remedy any breach referred to in subsection (5). SNWT 2008, c.9,s.17.

Agreement where tenant to repair

31.

(1) Notwithstanding section 30, where a residential complex is composed of one rental premises, a landlord and tenant may agree that any or all of the obligations set out in subsection 30(1) may be performed by the tenant except for repairs required as a result of reasonable wear and tear or as a result of fire, water, tempest or other act of God.

Remedies

(2) Where, on the application of a landlord, a rental officer determines that the tenant has breached an obligation imposed by this section, the rental officer may make an order

(a) requiring the tenant to comply with the tenant’s obligation;

(b) requiring the tenant to not breach the tenant’s obligation again;

(c) authorizing any repair or other action to be taken by the landlord to remedy the effects of the tenant’s breach and requiring the tenant to pay any reasonable expenses associated with the repair or action;

(d) requiring the tenant to compensate the landlord for loss that has been or will be suffered as a direct result of the breach; or

(e) terminating the tenancy on a date specified in the order and ordering the tenant to vacate the rental premises on that date.

Payment of rent to rental officer

32.

(1) Where the landlord does not remedy a substantial breach within 10 days of the notice referred to in subsection 30(5), the tenant may apply to a rental officer to pay to a rental officer all or part of the rent lawfully required on the subsequent dates specified by the tenancy agreement and a rental officer may order the tenant to pay the rent to the rental officer.

Application

(2) The payment of rent to the rental officer referred to in subsection (1) must be accompanied by an application to the rental officer under subsection 30(4).

Order of rental officer

(2.1) A rental officer may order that any amount of rent paid to the rental officer under subsection (1) be used to satisfy an order made under paragraph 30(4)(c) or (d).

Recovery by landlord

(2.2) A landlord may recover from a rental officer any amount of rent paid by the tenant under subsection (1) that is not required to satisfy an order under paragraph 30(4)(c) or (d).

Where tenant does not act on reasonable grounds

(3) Where a rental officer is of the opinion that the tenant had no reasonable grounds to believe that there was a substantial breach of the obligation imposed by subsection 30(1), the rental officer may make an order requiring the tenant to compensate the landlord for any additional reasonable expenses incurred by the landlord in collecting rent from the rental officer. SNWT 2008,c.9,s.18.

Definition: "vital service"

33.

(1) In this section, "vital service" includes heat, fuel, electricity, gas, hot and cold water and any other public utility.

Prohibition against withholding vital services

(2) No landlord shall, until the date the tenant vacates or abandons the rental premises,

(a) withhold or cause to be withheld the reasonable supply of a vital service that the landlord is obligated to supply under the tenancy agreement; or

(b) deliberately interfere with the supply of a vital service, whether or not the landlord is obligated to supply that service under the tenancy agreement.

Remedies

(3) Where, on the application of a tenant, a rental officer determines that the landlord has breached the prohibition imposed by subsection (2), the rental officer may make an order

(a) requiring the landlord to not withhold vital services;

(b) requiring the landlord to not withhold vital services again;

(c) requiring the landlord to compensate the tenant for loss suffered as a direct result of the breach;

(d) directing the tenant to pay to the rental officer all or part of his or her rent that would otherwise be payable to the landlord;

(d.1) directing that all or part of the rent paid under paragraph (d) be used to pay for vital services; or

(e) terminating the tenancy on a date specified in the order and ordering the tenant to vacate the rental premises on that date.

Return of rent to landlord

(3.1) A landlord may recover from a rental officer any amount of rent paid by the tenant under paragraph (3)(d) that is not required for payment under paragraph (3)(d.1).

Notice to rental officer

(4) Where a landlord is obligated to provide a vital service under a tenancy agreement, the person who provides a vital service to a residential complex on behalf of the landlord shall notify a rental officer if a vital service will no longer be provided to that residential complex. SNWT 2008,c.9,s.19; SNWT 2019,c.21, s.9(3).

Quiet enjoyment

34.

(1) No landlord shall disturb a tenant’s possession or enjoyment of the rental premises or residential complex.

Remedies

(2) Where, on the application of a tenant, a rental officer determines that the landlord has breached the obligation imposed by subsection (1), the rental officer may make an order

(a) requiring the landlord to comply with the landlord’s obligation;

(b) requiring the landlord to not breach the landlord’s obligation again;

(c) requiring the landlord to compensate the tenant for loss suffered as a direct result of the breach; or

(d) terminating the tenancy on a date specified in the order and ordering the tenant to vacate the rental premises on that date.

Seizure of property of tenant

35.

(1) No landlord shall seize the personal property of a tenant for any breach by the tenant of the tenancy agreement or under this Act, including the obligation to pay rent.

Seizure by Sheriff

(2) Subsection (1) does not apply to a seizure of property where the seizure is made by the Sheriff in satisfaction of an order of a judge of the Supreme Court, territorial judge or rental officer. SNWT 2010,c.16,Sch.A,s.34(3).

Notice of legal name of landlord

36.

(1) A landlord shall give notice to the tenants of the landlord of

(a) the name, address for the giving of notices or documents and telephone number of the landlord; and

(b) the name, address and telephone number of any agent of the landlord having authority in respect of the residential complex.

Posting of notice

(2) Where a landlord rents more than one rental premises in the same residential complex and retains possession of part of the complex for the common use of all tenants, the landlord shall fulfil the obligation imposed by subsection (1) by posting up and maintaining posted in a conspicuous place the information required by subsection (1).

Proceedings against landlord

(3) Any proceeding taken by a tenant may be commenced against the landlord in the name provided under paragraph (1)(a).

Remedy

(4) Where, on the application of a tenant, a rental officer determines that the landlord has breached an obligation imposed by this section, the rental officer shall make an order requiring the landlord to comply with this obligation.

Receipt for payment

36.1.

(1) A landlord shall provide to a tenant or former tenant, on request and free of charge, a receipt for the payment of any rent, security deposit, pet security deposit or other amount.

Time limit

(2) Subsection (1) does not apply to a request made more than 12 months after the tenancy is terminated. SNWT 2015,c.8,s.4.

Copy of Act

37.

At the request of a tenant, a landlord shall make a copy of this Act available for consultation by a tenant at a reasonable time.

Tenant directory

38.

(1) A landlord of a residential complex of more than five rental premises shall draw up and keep up to date a tenant directory that indicates the tenants who may require special assistance in an emergency.

Posting of directory

(2) A landlord referred to in subsection (1) shall post inside the door of the fire panel in the residential complex a copy of the tenant directory referred to in subsection (1).

Compliance with additional obligations

39.

(1) Where in a written tenancy agreement a landlord has undertaken additional obligations, the landlord shall comply with the additional obligations that are reasonable in all circumstances.

Remedies

(2) Where, on the application of a tenant, a rental officer determines that the landlord has breached an additional obligation that the landlord has undertaken, the rental officer may make an order

(a) requiring the landlord to comply with the landlord’s obligation;

(b) requiring the landlord to not breach the landlord’s obligation again;

(c) requiring the landlord to compensate the tenant for loss suffered as a direct result of the breach;

(d) authorizing any reasonable action that is to be taken by the tenant to remedy the effects of the landlord’s breach and requiring the landlord to pay any reasonable expenses directly associated with the action; or

(e) terminating the tenancy on the date specified in the order and ordering the tenant to vacate the rental premises on that date.

Safety devices

40.

(1) A landlord shall cause to be installed in the rental premises, including the door giving entry to a residential complex, devices necessary to make rental premises reasonably secure from unauthorized entry.

Remedy

(2) Where, on the application of a tenant, a rental officer determines that the landlord has breached an obligation imposed by this section, the rental officer shall make an order requiring the landlord to comply with this obligation.

Offence and punishment

(3) A landlord who does not comply with subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $500.

Tenant’s Obligations

Obligation to pay rent

41.

(1) A tenant shall pay to the landlord the rent lawfully required by the tenancy agreement on the dates specified by the tenancy agreement.

Late payment

(2) A tenant who pays his or her rent later than the dates specified by the tenancy agreement is liable to a penalty calculated in accordance with the regulations.

Remedies

(4) Where, on the application of a landlord, a rental officer determines that a tenant has failed to pay rent in accordance with subsection (1), the rental officer may make an order

(a) requiring the tenant to pay the rent owing and any penalty for late payment;

(b) requiring the tenant to pay his or her rent on time in the future; or

(c) terminating the tenancy on the date specified in the order and ordering the tenant to vacate the rental premises on that date.

Determination of amount of rent owing

(5) Where a rental officer makes an order under paragraph (4)(a), the rental officer may, in determining the amount of rent owing, where the rental officer considers it is justified in doing so, take into account reasonable expenses that will be incurred by the tenant to remedy the effects of any breach by the landlord of the landlord’s obligation to repair.

No breach

(6) A tenant who pays part or all of his or her rent to a rental officer pursuant to subsection 11(2), 19(4) or 32(1) or paragraph 33(3)(d) is not in breach of the obligation imposed by subsection (1). SNWT 2008,c,9,s.20.

Responsibility for repair of damage

42.

(1) A tenant shall repair damage to the rental premises and the residential complex caused by the wilful or negligent conduct of the tenant or persons who are permitted on the premises by the tenant.

No damage

(2) Ordinary wear and tear of rental premises does not constitute damage to the premises.

Remedies

(3) Where, on the application of a landlord, a rental officer determines that a tenant has breached the obligation imposed by this section, the rental officer may make an order

(a) requiring the tenant to comply with the tenant’s obligation;

(b) prohibiting the tenant from doing any further damage;

(c) requiring the tenant to compensate the landlord for loss suffered as a direct result of the breach;

(d) authorizing any repair or other action that is to be taken by the landlord to remedy the effects of the tenant’s breach;

(e) requiring the tenant to pay any reasonable expenses directly associated with the repair or action; or

(f) terminating the tenancy on the date specified in the order and ordering the tenant to vacate the rental premises on that date.

Quiet enjoyment

43.

(1) A tenant shall not disturb the landlord’s or other tenants’ possession or enjoyment of the rental premises or residential complex.

Deemed disturbance by tenant

(2) A disturbance caused by a person permitted by a tenant to enter the residential complex or the rental premises of the tenant is deemed to be a disturbance caused by the tenant.

Remedies

(3) Where, on the application of a landlord, a rental officer determines that a tenant has breached the obligation imposed by subsection (1), the rental officer may make an order

(a) requiring the tenant to comply with the tenant’s obligation;

(b) requiring the tenant to not breach the tenant’s obligation again;

(c) requiring the tenant to compensate the persons affected for loss suffered as a direct result of the breach; or

(d) terminating the tenancy on the date specified in the order and ordering the tenant to vacate the rental premises on that date.

SNWT 2008,c.9,s.21.

Landlord to investigate complaints

44.

(1) Where a tenant informs his or her landlord that the tenant has been affected by another tenant’s breach of the obligation imposed by subsection 43(1), the landlord shall inquire into the complaint and take appropriate action, including the making of an application under subsection 43(3).

Where tenant not satisfied

(2) Where, after receiving a complaint of a tenant under subsection (1), the landlord does not make an application under subsection 43(3) and the tenant is not satisfied with the action, if any, that the landlord has taken, the tenant may give a written notice to that effect to the landlord and to a rental officer.

Rental officer to inquire into matter

(3) Where a rental officer receives a notice under subsection (2), the rental officer shall inquire into the matter and, where the rental officer is of the opinion that there are reasonable grounds for an application under subsection 43(3), shall attempt, by whatever reasonable means the rental officer considers necessary, to resolve the complaint by agreement between the landlord and the tenant who made the complaint.

Deemed application

(4) Where the rental officer is of the opinion that the rental officer has been unable to resolve the complaint within a reasonable time,

(a) an application by the landlord under subsection 43(3) against the tenant alleged to have breached the obligation imposed by subsection 43(1) is deemed to have been made; and

(b) the landlord, the tenant who made the complaint and the tenant alleged to have breached the obligation are parties to the application.

SNWT 2008,c.9,s.22; SNWT 2019,c.21,s.9(5).

Compliance with additional obligations

45.

(1) Where in a written tenancy agreement a tenant has undertaken additional obligations, the tenant shall comply with the obligations under the tenancy agreement and with the rules of the landlord that are reasonable in all circumstances.

Responsibility for cleanliness

(2) A tenant shall maintain the rental premises and all services and facilities provided by the landlord of which the tenant has exclusive use in a state of ordinary cleanliness.

Overcrowding

(3) A tenant shall not permit such number of persons to occupy the rental premises on a continuing basis that results in the contravention of health, safety or housing standards required by law or in a breach of the tenancy agreement.

Remedies

(4) Where, on the application of a landlord, a rental officer determines that a tenant has breached an obligation imposed by this section, the rental officer may make an order

(a) requiring the tenant to comply with the tenant’s obligation;

(b) requiring the tenant to not breach the tenant’s obligation again;

(c) requiring the tenant to compensate the landlord for loss suffered as a direct result of the breach;

(d) authorizing any action that is to be taken by the landlord to remedy the effects of the tenant’s breach and requiring the tenant to pay any reasonable expenses directly associated with the action; or

(e) terminating the tenancy on the date

tenant to vacate the rental premises on that date.

Illegal activities

46.

(1) A tenant shall not commit an illegal act or carry on an illegal trade, business or occupation, or permit another person to do so, in the rental premises or in the residential complex.

Remedies

(2) Where, on the application of a landlord, a rental officer determines that a tenant has breached the obligation imposed by subsection (1), the rental officer may make an order

(a) requiring the tenant to comply with the tenant’s obligation;

(b) requiring the tenant to not breach the tenant’s obligation again; or

(c) terminating the tenancy on the date specified in the order and ordering the tenant to vacate the rental premises on that date.

SNWT 2008,c.9,s.23.

Definition: "cannabis"

46.1.

In this section, "cannabis" means cannabis as defined in subsection 1(1) of the Cannabis Products Act.

When cultivation in rental premises is prohibited

(2) No person shall cultivate cannabis in a rental premises if

(a) at the time this section comes into force, there is a tenancy agreement in effect that does not refer to such cultivation; and

(b) the landlord notifies the tenant in writing that such cultivation is prohibited in the rental premises.

Smoking in rental premises

(3) A tenancy agreement entered into before the day on which this section comes into force that prohibits or limits the smoking of tobacco, and does not expressly refer to the smoking of cannabis, is deemed to prohibit or limit the smoking of cannabis in the same manner that the smoking of tobacco is prohibited or limited. SNWT 2018,c.6,s.73.

RENT INCREASES

Rent increases

47.

(1) Notwithstanding a change in landlord, no landlord shall increase the rent in respect of a rental premises until 12 months have expired from

(a) the date the last increase in rent for the rental premises became effective; or

(b) the date on which rent was first charged, where the rental premises have not been previously rented.

Notice

(2) The landlord shall give the tenant notice of the rent increase in writing at least three months before the date the rent increase is to be effective.

Effective date of increase

(3) An increase in rent by a landlord is not effective until three months have expired from the date of the notice of the rent increase.

Return of rent increase

(3.1) Where, on the application of a tenant, a rental officer determines that a landlord has breached an obligation imposed by subsection (1) or (2), the rental officer may make an order requiring the landlord to return to the tenant all or part of the rent increase collected as a result of the landlord’s breach.

Termination

(4) Where a tenant receives a notice of a rent increase, the tenant

(a) may elect to treat the notice as a notice of termination of the tenancy to be effective on the day immediately preceding the day on which the rent increase is to be effective; and

(b) shall inform the landlord in writing of his or her intent to treat the notice as a notice of termination.

Change of tenant

(5) Where a landlord has given a tenant notice of a rent increase and the tenant terminates the tenancy agreement, the landlord shall

(a) give a new tenant a copy of the notice before the parties agree to a tenancy agreement; and

(b) rent the rental premises at the rent stated in the notice.

Exception

(6) This section does not apply to subsidized public housing. SNWT 2008,c.9,s.24.

SECURITY OF TENURE

Restriction on termination of tenancy

48.

(1) No person shall terminate a tenancy agreement except in accordance with this Act.

Restriction on recovery of possession

(2) No landlord shall regain possession of a rental premises unless

(a) the tenant has vacated or abandoned the rental premises; or

(b) an eviction order has authorized the regaining of possession.

Automatic renewal of tenancy

49.

(1) Where a tenancy agreement ends on a specific date, the landlord and tenant are deemed to renew the tenancy agreement on that date as a monthly tenancy with the same rights and obligations as existed under the former tenancy agreement, subject to any rent increase that complies with section 47.

Application

(2) Subsection (1) does not apply

(a) where the landlord and tenant have entered into a new tenancy agreement;

(b) where the tenancy has been terminated in accordance with this Act; or

(c) to rental premises provided by an employer to an employee as a benefit of employment.

SNWT 2008,c.9,s.25.

TERMINATION

Agreement to terminate

50.

A landlord and tenant may agree in writing after a tenancy agreement has been made to terminate the tenancy on a specified date and the tenancy is terminated on the date specified.

Termination by tenant of fixed term agreement

51.

(1) Where a tenancy agreement specifies a date for the termination of the tenancy agreement, the tenant may terminate the tenancy on the date specified in the agreement by giving the landlord a notice of termination not later than 30 days before the termination date.

Termination by landlord in respect of only residence

(2) Where a tenancy agreement for a rental premises that is the landlord’s only residence in the Northwest Territories specifies a date for termination of the agreement, the landlord may terminate the tenancy on the date specified in the agreement by giving the tenant a notice of termination not later than 30 days before that date.

Termination by landlord of subsidized housing

(3) Where a tenancy agreement for subsidized public housing specifies a date for termination of the agreement, the landlord may terminate the tenancy on the date specified in the agreement by giving the tenant a notice of termination not later than 30 days before that date.

Termination without notice

(4) Notwithstanding subsection (3), where a tenancy agreement for subsidized public housing specifies a date for termination of the agreement that is 31 days or less after the commencement of the agreement, it terminates on the specified date.

Subsidized public housing

(5) Where a tenancy agreement for subsidized public housing provides for a monthly tenancy, or is renewed as a monthly tenancy under subsection 49(1), a landlord may terminate the tenancy on the last day of a period of the tenancy by giving the tenant a notice of termination not later than 30 days before that day. SNWT 2008,c.9,s.26(2); SNWT 2015,c.8,s.5.

Termination by tenant of periodic tenancy agreement

52.

(1) Where a tenancy agreement does not specify a date for the termination of the tenancy agreement, the tenant may terminate the tenancy on the last day of a period of the tenancy by giving the landlord a notice of termination,

(a) in the case of a weekly tenancy, not later than seven days before that day; or

(b) in the case of a monthly tenancy, not later than 30 days before that day.

Landlord’s only residence

(2) Where a tenancy agreement for a rental premises that is the landlord’s only residence in the Northwest Territories does not specify a date for the termination of the tenancy agreement, the landlord may terminate the tenancy on the last day of a period of the tenancy, by giving the tenant a notice of termination not later than 90 days before that day. SNWT 2008,c.9,s.27.

Early termination by tenant

53.

(1) Notwithstanding any other provision of this Act,

(a) where a tenant dies or the health and physical condition of the tenant deteriorates and the tenant is unable to pay the rent, or

(b) where a spouse of a tenant dies and the income of the surviving spouse is insufficient to pay the rent,

the tenant, his or her heirs, assigns or legal or personal representative may terminate the tenancy agreement by giving notice, in accordance with section 55.

Medical certificate

(2) The notice referred to in subsection (1) must be accompanied, where applicable, by a medical certificate respecting the health of the tenant or the spouse of the tenant.

Notice of early termination by landlord

54.

(1) Subject to subsection (2), a landlord may, at any time, give a tenant a notice of termination of at least 10 days, where

(a) the tenant has repeatedly and unreasonably disturbed the landlord’s or other tenant’s possession or enjoyment of

(b) the tenant, or a person permitted in or on the rental premises or residential complex by the tenant, has caused damage to the rental premises or the residential complex and the tenant has failed to comply with an order of a rental officer made under paragraphs 42(3)(a) to (e);

(d) the tenant has not complied with an order of a rental officer to rectify a breach of an additional obligation to the tenancy agreement;

(e) the tenancy agreement has been frustrated;

(f) the safety of the landlord or other tenants of the residential complex has been seriously impaired by an act or omission of the tenant or a person permitted in or on the rental premises or residential complex by the tenant; or

(g) the tenant has repeatedly failed to pay the full amount of the rent or to pay the rent on the dates specified in the tenancy agreement.

Exception

(2) A notice of termination referred to in subsection (1) for rental premises on which a mobile home is situated must be of at least three months and a tenancy agreement in respect of such rental premises cannot be terminated in the months of December, January or February.

Delay reduced

(3) A landlord may apply to a rental officer for an order to reduce the period of notice to terminate referred to in subsection (1) and a rental officer, where the rental officer considers it necessary, may issue such an order.

Application to terminate

(4) A landlord who has given a notice of termination under subsection (1) shall make an application to a rental officer for an order to terminate the tenancy agreement and a rental officer may issue an order terminating the tenancy on the date specified in the order and ordering the tenant to vacate the premises on that date. SNWT 2008,c.9,s.28; SNWT 2019,c.21,s.9(3).

Early termination for family violence

54.1.

(1) A tenant may apply to a rental officer for termination of a tenancy agreement on the grounds that family violence as defined in subsection 1(2) of the Protection Against Family Violence Act has occurred against the tenant, any child of the tenant or any child who is in the care of the tenant.

Material to support application

(2) A tenant shall include a copy of one of the following with an application under subsection (1):

(a) an emergency protection order made under subsection 4(1) of the Protection Against Family Violence Act in respect of the tenant, any child of the tenant or any child who is in the care of the tenant;

(b) a protection order made under subsection 7(1) of the Protection Against Family Violence Act in respect of the tenant, any child of the tenant or any child who is in the care of the tenant;

(c) a peace bond or other court order that contains a condition that the person alleged to have committed the family violence have no contact with the tenant, any child of the tenant or any child who is in the care of the tenant.

Order must be in effect

(3) An order referred to in subsection (2) must be in effect at the time the application is made.

Certain persons not parties

(4) Neither the landlord nor the person alleged to have committed the family violence are parties to an application made under this section.

Order of rental officer

(5) If a rental officer is satisfied that the grounds for termination of the tenancy referred to in subsection (1) have been established, the rental officer may issue an order terminating the tenancy on any terms and conditions that he or she considers advisable in the circumstances.

Notice of order

(6) The tenant who made the application shall serve a copy of the order terminating the tenancy on the landlord within 30 days after the making of the order.

Effective date of termination

(7) A tenancy agreement that is the subject of an order under subsection (5) is terminated 30 days after the day on which a copy of the order is given to the landlord.

Confidentiality

(8) The landlord and the rental officer shall ensure that any information received by them in relation to an application made under this section is kept confidential.

Clarification

(9) A tenancy agreement terminated under this section is terminated for all tenants in the same rental premises, but one or more of the tenants and the landlord may enter into a new tenancy agreement.

Exceptions

(10) Paragraphs 78(a), (b) and (d) do not apply to an application made under this section. SNWT 2015,c.8,s.6.

Contents of tenant’s termination

55.

(1) A notice of termination from a tenant to a landlord must

(a) be in writing;

(b) be signed by the tenant or an agent of the tenant;

(c) identify the rental premises to which the notice applies; and

(d) state the date on which the tenancy is to terminate.

Fee

(2) No landlord shall charge a tenant a fee for giving a notice of termination.

Contents of landlord’s termination notice

(3) A notice of termination from a landlord to a tenant must

(a) be in writing;

(b) be signed by the landlord or an agent of the landlord;

(c) identify the rental premises to which the notice applies;

(d) state the date on which the tenancy is to terminate; and

(e) state the reason for the termination of the tenancy.

SNWT 2008,c.9,s.29.

Termination of tenancy where

56.

(1) Notwithstanding any other provision of this Act, where

(a) a tenant who was provided by his or her employer with rental premises during the employment of the tenant as a benefit of employment has had his or her employment terminated, or

(b) a landlord has entered into a tenancy agreement in respect of a caretaker’s unit, unless otherwise agreed,

the tenancy of the tenant is terminated on the day on which the employment of the tenant is lawfully terminated.

When tenant to vacate

(2) The tenant referred to in subsection (1) shall vacate the rental premises or caretaker’s unit not later than one week after his or her employment is lawfully terminated.

Rent or compensation

(3) Notwithstanding section 67, a landlord shall not charge or receive any rent or compensation from the tenant referred to in subsection (1) in respect of the period of one week referred to in subsection (2).

Overpayment of rent

(4) Where, on application of a tenant, a rental officer determines that a landlord has charged or received rent or compensation from the tenant in respect of the one-week period referred to in subsection (2), the rental officer may make an order requiring the landlord to pay to the tenant any overpayment of rent or compensation. SNWT 2008,c.9,s.30; SNWT 2019,c.21,s.9(6).

Termination of tenancies of different

57.

Where, on the application of a landlord, a rental officer determines that

(a) a tenant who, as a student or a staff member was provided with living accommodation that is not exempt from this Act by an educational institution, has ceased to meet the requirement for occupancy of the living accommodation,

(b) a tenant of subsidized public housing has ceased to meet the requirement for occupancy of the rental premises, or

(c) a landlord and a tenant who share a bathroom or kitchen facility have had personal differences that make the continuation of the tenancy unfair to either of them,

the rental officer may make an order terminating the tenancy on a date specified in the order and ordering the tenant to vacate the rental premises on that date.

Termination for landlord’s use or sale

58.

(1) A landlord may apply to a rental officer to terminate a tenancy if the landlord

(a) requires possession of the rental premises for use as a residence by

(i) the landlord,

(ii) the spouse, child or parent of the landlord, or

(iii) a child or parent of the spouse of the landlord; or

(b) has entered into an agreement of sale of a rental premises, and

(i) is required by the agreement of sale to deliver vacant possession of the rental premises to the purchaser, and

(ii) the purchaser requires possession of the rental premises for use by

(A) the purchaser,

(B) the spouse, child or parent of the purchaser, or

(C) a child or parent of the spouse of the purchaser.

Order

(1.1) A rental officer who determines that a landlord, in good faith, requires the rental premises for a reason referred to in subsection (1), may make an order

(a) terminating the tenancy,

(i) in the case of a periodic tenancy, on the last day of a period of the tenancy that is not earlier than 90 days after the application is made, or

(ii) in the case of a tenancy agreement that specifies a date for the termination of the tenancy agreement, on a day that is not earlier than the date specified; and

(b) ordering the tenant to vacate the rental premises on that date.

Early termination by tenant

(2) Where a tenant receives a copy of an application under subsection (1), the tenant may, at any time before the date specified for termination in the application, terminate the tenancy by

(a) giving the landlord not less than five days notice of termination specifying an earlier date of termination of the tenancy; and

(b) paying to the landlord on the date the tenant 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.

Overpayment by tenant

(3) Where, on the application of a tenant, a rental officer determines that the tenant has terminated the tenancy under subsection (2), the rental officer may make an order requiring the landlord to pay to the tenant any overpayment of rent paid by the tenant. SNWT 2008,c.9,s.31.

Termination for demolition, change of use

59.

(1) A landlord may apply to a rental officer to terminate a tenancy if the landlord

(a) requires possession of the rental premises for the purposes of

(i) demolition,

(ii) changing the use of the rental premises to a use other than that of rental premises, or

(iii) making repairs or renovations so extensive as to require a building permit and vacant possession of the rental premises; and

(b) has obtained all necessary permits or other authorizations that may be required.

Order

(1.1) A rental officer who determines that a landlord, in good faith, requires the rental premises for a reason referred to in subsection (1), may make an order

(a) terminating the tenancy,

(i) in the case of a periodic tenancy, on the last day of a period of the tenancy that is not earlier than 90 days after the application is made, or

(ii) in the case of a tenancy agreement that specifies a date for the termination of the tenancy agreement, on a day that is not earlier than the date specified; and

(b) ordering the tenant to vacate the rental premises on that date.

Exception

(1.2) Notwithstanding subsection (1.1), if the rental officer determines that the landlord requires the rental premises for a reason relating to the safety of the tenant or the public, or to satisfy a standard or requirement imposed by law, the rental officer may terminate the tenancy on an earlier date.

Early termination by tenant

(2) Where a tenant receives a copy of an application under subsection (1), the tenant may at any time before the date specified for termination in the application, terminate the tenancy in accordance with subsection 58(2).

Overpayment by tenant

(3) Where, on the application of a tenant, a rental officer determines that the tenant has terminated the tenancy under subsection (2), the rental officer may make an order requiring the landlord to pay to the tenant any overpayment of rent paid by the tenant.

Tenant’s right of first refusal

(4) Where

(a) a tenant has received a copy of an application for termination for the reason stated in subparagraph (1)(a)(iii), and

(b) has indicated in writing to the landlord, before vacating the rental premises, that the tenant wishes to have a right of first refusal to rent the premises as a tenant when the repairs or renovations are completed,

the tenant shall have the right of first refusal to rent the premises, at the lowest rent that would be charged to any other tenant for the same premises, provided that the tenant informs the landlord of the address of the tenant.

Remedy where right of first refusal denied

(5) Where, on the application of a former tenant, a rental officer determines that the landlord has deprived the tenant of the benefit of subsection (4), the rental officer may make an order requiring the landlord to compensate the tenant for the loss of the benefit. SNWT 2008,c.9,s.32.

Remedy for improper termination

60.

(1) Where, on the application of a former tenant, a rental officer determines that the tenant vacated the rental premises as a result of an application to terminate under section 58 or 59 and that the landlord or, in the case of an application under paragraph 58(1)(b), the purchaser, did not in good faith require the rental premises for the purpose specified in the application to terminate, the rental officer may make an order requiring the landlord or the purchaser

(a) to pay the reasonable moving expenses of the tenant to his or her new accommodation; or

(b) to compensate the tenant for any additional reasonable expenses incurred by the tenant, including, for a period of up to 12 months, any increased rent that the tenant was obliged to pay as a result of the improper termination.

Presumption

(2) Unless proven otherwise, it shall be presumed that

(a) a landlord, in the case of an application to terminate under paragraph 58(1)(a), or

(b) a purchaser, in the case of an application to terminate under subparagraph 58(1)(b)(ii),

did not in good faith require the rental premises for the purpose specified in the application to terminate unless the rental premises are used in accordance with the purpose specified in the application within 90 days after the date specified for termination in the application.

Remedy for improper termination: rent increase

(3) Where, on the application of a former tenant, a rental officer determines that the tenant elected to treat a notice of rent increase under section 47 as a notice of termination of the tenancy and further determines that the landlord did not in good faith intend to increase the rent, the rental officer may make an order requiring the landlord

(a) to pay the reasonable moving expenses of the tenant to his or her new accommodation; or

(b) to compensate the tenant for any additional reasonable expenses incurred by the tenant, including, for a period not exceeding 12 months, any increased rent that the tenant has been required to pay as a result of the improper termination.

SNWT 2015,c.8,s.7.

Application of government authority

61.

(1) Where an order of a territorial, federal or municipal authority who is not a landlord requires a rental premises to be vacated, the territorial, federal or municipal authority may apply to a rental officer for an order to terminate the tenancy.

Order

(2) A rental officer may issue an order terminating a tenancy on a reasonable date and order the tenant to vacate the rental premises on that date, on the application of a territorial, federal or municipal authority made under subsection (1) if the rental officer determines that the rental premises must be vacated in order to comply with an order of the territorial, federal or municipal authority.

Abandonment

62.

(1) Where a tenant abandons a rental premises, the tenancy agreement is terminated on the date the rental premises were abandoned but the tenant remains liable, subject to section 5, to compensate the landlord for loss of future rent that would have been payable under the tenancy agreement.

Compensation for loss of future rent

(2) Where, on the application of a landlord, a rental officer determines that a tenant has abandoned a rental premises, the rental officer may make an order requiring the tenant to pay to the landlord the compensation for which the tenant is liable by reason of subsection (1). SNWT 2008,c.9,s.33.

Termination for failure to comply with mediated agreement

62.1.

On application of a landlord or tenant, a rental officer may make an order terminating a tenancy agreement on a date specified in the order and ordering the tenant to vacate the rental premises on that date, if the rental officer determines that

(a) the landlord or tenant has not complied with the terms and conditions of a mediated agreement or an order expressing the terms of a mediated agreement;

(b) the agreement or order contains terms and conditions that, if not met by the landlord or tenant, would give rise to grounds for terminating the tenancy; and

(c) the agreement or order provides that the landlord or tenant may apply under this section for termination of the tenancy agreement in default of compliance with the terms and conditions.

SNWT 2008,c.9,s.34.

Eviction

Application for eviction

63.

(1) A landlord may make an application to a rental officer for an order evicting a tenant from rental premises, except rental premises on land in respect of which the tenant has an interest in land under the Land Titles Act.

Timing of application

(2) An application may be made under subsection (1)

(a) with an application to terminate a tenancy;

(b) after a rental officer makes an order terminating a tenancy; or

(c) after a tenancy has been otherwise terminated in accordance with this Act.

Form of application

(3) An application under subsection (1) must be in the approved form.

Order

(4) A rental officer who terminates a tenancy or determines that a tenancy has been terminated in accordance with this Act, and who determines that an eviction is justified, may make an order

(a) evicting the tenant on the date specified for the termination of the tenancy in the agreement, notice or order, or on the earliest reasonable date after the date of termination of the tenancy; and

(b) requiring the tenant to compensate the landlord for the use and occupation of the rental premises, calculated for each day the tenant remains in occupation following the termination of the tenancy.

Reinstatement of tenancy agreement

(5) If a tenancy agreement for subsidized public housing is terminated under subsection 51(3) or (5) but a rental officer denies an application to evict the tenant as unjustified, the denial of the application operates to reinstate the tenancy agreement as a monthly tenancy.

Clarification

(6) For greater certainty, a corporation as defined in subsection 1(1) of the Condominium Act may apply to a rental officer for an order terminating a tenancy between a condominium owner and a tenant and evicting a tenant from rental premises in the circumstances set out in subsection 19.5(1) of that Act.

Parties

(7) Both the landlord and the tenant are parties to an application made under subsection (6). SNWT 2008,c.9,s.35; SNWT 2015,c.8,s.8.

Eviction where interest in land

63.1.

(1) A landlord may make an application to the Supreme Court for an order evicting a tenant from rental premises on land in respect of which the tenant has an interest in land under the Land Titles Act.

Eviction order

(2) Where, on the application of a landlord under subsection (1), a judge of the Supreme Court determines that a tenancy has been terminated in accordance with this Act, the judge may make an order

(a) evicting the tenant on the date specified for the termination of the tenancy in the agreement, notice or order, or on the earliest reasonable date after the date of the termination of the tenancy; and

(b) requiring the tenant to compensate the landlord for the use and occupation of the rental premises, calculated for each day the tenant remains in occupation following the termination of the tenancy.

SNWT 2008,c.9,s.35.

GENERAL

Abandoned Personal Property

Abandoned personal property

64.

(1) Unless a landlord and tenant have made a specific agreement providing for the storage of personal property, where a tenant leaves personal property in a rental premises or residential complex that the tenant has vacated or abandoned, the landlord may remove the personal property and, on removal, shall store and dispose of the personal property in accordance with this section.

Worthless or unsafe property

(2) Where a landlord has good reason to believe that an item of personal property removed under subsection (1)

(a) would be unsanitary or unsafe to store, or

(b) is worthless,

the landlord may dispose of the item.

Inventory

(3) Where a landlord removes personal property, other than property described in subsection (2), the landlord shall, at the earliest reasonable opportunity, give a rental officer an inventory of the property in an approved form and, where the address of the tenant is known to the landlord, the landlord shall give the tenant a copy of the inventory.

Property of little value

(4) Where, after receiving the inventory, the rental officer determines that an item of personal property in the inventory could not be sold for an amount greater than the reasonable cost of removing, storing and selling it in accordance with this section or section 65, the rental officer may permit the landlord to sell or dispose of the item in the manner and subject to the terms and conditions that the rental officer may set.

Remaining property

(5) Property that has not been disposed of or sold under subsection (2) or (4) must, subject to the direction of a rental officer, be stored in a safe place and manner for a period of not less than 60 days.

Where property to be returned

(6) Where the tenant or owner of an item of personal property stored by the landlord pays the landlord the cost of removing and storing the item, the landlord shall give the item to the tenant or owner and notify the rental officer. SNWT 2019,c.21, s.9(3),(7).

Sale of unclaimed property

65.

(1) Where no person has taken possession of an item of personal property stored under subsection 64(5) during the 60 days referred to in that subsection, the rental officer may permit the landlord to sell or dispose of the item in the manner and subject to the terms and conditions set by the rental officer.

Proceeds of sale

(2) Where a landlord sells an item of personal property under subsection (1) or 64(4), the landlord may, subject to the terms and conditions set by the rental officer under those subsections,

(a) retain that part of the proceeds of the sale necessary to reimburse the landlord for the reasonable costs of removing, storing and selling the property; and

(b) retain that part of the proceeds of the sale necessary to satisfy any order for compensation made in favour of the landlord by a rental officer or a judge of the Supreme Court or territorial judge, where the order was made under this Act.

Balance of proceeds of sale

(3) The landlord shall pay the balance of the proceeds of the sale to the rental officer, who shall hold the balance for one year for the tenant who left the personal property in the rental premises or residential complex.

Report on sale

(4) Where a landlord sells an item of personal property under subsection (1) or 64(4), the landlord shall give to the rental officer a written report in an approved form regarding the sale and the distribution of the proceeds of the sale.

Unclaimed proceeds

(5) Where the rental officer does not receive a claim in respect of the balance within the one-year period referred to in subsection (3), the amount not claimed is forfeited to the Government of the Northwest Territories.

Purchaser in good faith acquires good title

(6) A purchaser in good faith of an item of personal property of a tenant sold in accordance with subsection (1) or 64(4) has good title to the property, free and clear of any other interest.

Substantial compliance protects landlord

(7) A landlord who substantially complies with this section or section 64 is not liable to the tenant or any other person for loss suffered by the tenant or other person as a result of the storage, sale or other disposition by the landlord of the abandoned personal property. SNWT 2019,c.21,s.9(3).

Remedies for wrongful sale

66.

Where, on the application of a person claiming to be the owner of an item of personal property, a rental officer determines that the landlord has wrongfully sold, disposed of or otherwise dealt with an item of personal property, the rental officer may make an order

(a) requiring the landlord to compensate the owner for the wrongful sale, disposition or dealing; or

(b) requiring the landlord to give the property to the owner.

SNWT 2019,c.21,s.9(8).

Overholding Tenants

Rent due

67.

(1) A landlord is entitled to compensation for a former tenant’s use and occupation of the rental premises after the tenancy has been terminated.

Acceptance of rent

(2) The acceptance by a landlord of arrears of rent or compensation for use or occupation of the rental premises, after notice of termination of tenancy has been given, does not operate as a waiver of the notice or as reinstatement of the tenancy or as the creation of a new tenancy unless the parties so agree.

Burden of proof

(3) The burden of proof that a notice of termination has been waived or the tenancy has been reinstated or a new tenancy created is on the person so claiming.

Order for compensation

(4) Where, on application of a landlord, a rental officer determines that a landlord is entitled to compensation for the use and occupation of the rental premises after the tenancy has been terminated, the rental officer may order a former tenant to pay the landlord the compensation specified in the order.

Applications

Application to rental officer

68.

(1) An application by a landlord or a tenant to a rental officer must be made within six months after the breach of an obligation under this Act or the tenancy agreement or the situation referred to in the application arose.

Tenant may raise issues without application

(2) At a hearing of an application to terminate a tenancy or to evict a tenant, a rental officer may permit a tenant to raise any issue that could be the subject of an application under this Act, and the rental officer may, if he or she considers it appropriate in the circumstances, make an order on that issue.

Extension of time

(3) A rental officer may extend the time for the making of an application to the rental officer, whether or not the time for making the application to a rental officer has expired, where the rental officer is of the opinion that it would not be unfair to do so. SNWT 2008,c.9,s.36.

Application to judge of Supreme Court or territorial judge

69.

Notwithstanding any other provision of this Act, where this Act provides that an application is to be made to a rental officer, the application may be made, within the time limit set out in subsection 68(1), to a judge of the Supreme Court or territorial judge only where the landlord and tenant agree to apply to a judge of the Supreme Court or territorial judge.

Summary application to judge of Supreme Court or territorial judge

70.

(1) A landlord or a tenant making an application to a judge of the Supreme Court or territorial judge for an order under this Act must file the application, within the time limit set out in subsection 68(1) with the Clerk of the Supreme Court or Territorial Court, as the case may be, and serve a copy of the filed application on the other party at least five business days before the day named in the application for the hearing.

Affidavit

(2) An application referred to in subsection (1) must be supported by an affidavit of the applicant setting out the relevant facts.

Extension of time

(3) A judge of the Supreme Court or territorial judge may extend the time for the making of an application to the judge or territorial judge, whether or not the time for making the application to a judge of the Supreme Court or territorial judge has expired, where the judge or territorial judge is of the opinion that it would not be unfair to do so.

Remedy

(4) On hearing the application, a judge of the Supreme Court or territorial judge may grant the relief requested or dismiss the application in whole or in part. SNWT 2019,c.21,s.9(9).

Service

Methods of service or notice

71.

(1) A notice or other document to be served on or given to a landlord, tenant or rental officer, must be served or given by

(a) personal service;

(b) registered mail;

(c) fax, if a fax number is provided; or

(d) a method set out in the regulations.

Landlord’s address

(2) A landlord’s address for the purposes of paragraph (1)(b) is deemed to be the landlord’s address as provided in the tenancy agreement, or the address provided under subsection 36(1) for giving notices.

Tenant’s address

(3) A tenant’s address for the purposes of paragraph (1)(b) is deemed to be

(a) the current address of the tenant, if known to the landlord or rental officer; or

(b) the mailing address for the rental premises.

Rental officer’s address

(4) A rental officer’s address for the purposes of paragraph (1)(b) is the address of the office of the rental officer.

Service by mail

(5) A notice or other document served or given by registered mail is deemed to have been served on the seventh day after mailing.

Exception

(6) Notwithstanding subsection (5), a notice or other document given by registered mail under subsection 11(1), 15(5), 17.1(5), 18(3), 18(7) or 18(9) is deemed to have been given on the day that it was mailed.

Absence or evasion of service

(7) Where a landlord or tenant is absent or evading service and the address for service is a residence, personal service of a notice or other document may be effected by serving it on any adult who apparently resides with the person being served.

Extension of time for service

(8) A rental officer who is of the opinion that it would not be unfair to do so may, whether or not the time for service has expired, extend the time for service of a notice or other document. SNWT 2008,c.9,s.37.

SNWT 2019,c.21,s.9(10).

RENTAL OFFICERS

Appointment

Appointment of Chief Rental Officer

72.

(1) The Minister shall appoint a Chief Rental Officer for the Northwest Territories.

Appointment of rental officers

(1.1) The Minister may appoint one or more additional rental officers for the Northwest Territories.

Qualifications

(2) When selecting a person for appointment as the Chief Rental Officer under subsection (1) or as a rental officer under subsection (1.1), the Minister shall ensure that

(a) the person has experience and an interest in residential tenancy issues; and

(b) the person

(i) has been a member, of at least five years good standing, of a law society of a territory or province,

(ii) has at least five years experience as a member of an administrative tribunal or a court, or

(iii) has other qualifications that can reasonably be considered to be equivalent to those described in subparagraph (i) or (ii).

SNWT 2008,c.9,s.38; SNWT 2015,c.8,s.9; SNWT 2019,c.21,s.9(11),(12).

Duties and Powers

Duty

73.

A rental officer shall encourage landlords and tenants to attempt to resolve their dispute themselves.

Powers

74.

(1) A rental officer may

(a) provide information to landlords and tenants respecting tenancy matters;

(b) receive and investigate complaints and mediate disputes between landlords and tenants;

(c) investigate allegations of contraventions of this Act or the regulations;

(d) issue notices and orders as authorized by this Act;

(e) enter rental premises at any reasonable time, after giving reasonable notice, for the purpose of discharging his or her duties under this Act or the regulations; and

(f) hold hearings, give notice of hearings to the parties, and determine matters of procedure at hearings.

(2) Repealed, SNWT 2008,c.9,s.39.

Public Inquiries Act

(3) A rental officer, for the purpose of a hearing before the rental officer, has the powers of a Board under the Public Inquiries Act, with such modifications as the circumstances require.

Limitation of liability

74.1.

A rental officer is not liable for anything done or not done by him or her in good faith in the exercise of his or her powers or in the performance of his or her duties under this Act. SNWT 2008,c.9,s.40.

Powers of Chief Rental

74.2.

For greater certainty, the Chief Rental Officer

(a) may exercise any of the powers or perform any of the duties of a rental officer; and

(b) has all of the protections provided to a rental officer. SNWT 2019,c.21,s.9(13).

Report

74.3.

(1) The Chief Rental Officer shall, within four months after the end of each fiscal year, make a report to the Minister on the activities of the Chief Rental Officer and any other rental officers for that fiscal year.

Report before Legislative Assembly

(2) The Minister shall lay a copy of the report referred to in subsection (1) before the Legislative Assembly at the earliest opportunity after receiving the report. SNWT 2019,c.21,s.9(13).

Expediency

75.

A rental officer shall adopt the most expeditious method of determining the questions arising in any proceedings and ensure that the rules of natural justice are followed.

Filing and service of application

76.

(1) A landlord or tenant making an application to a rental officer under this Act shall

(a) file the application with the rental officer; and

(b) serve a copy of the filed application on the other party

(i) at least five business days before the day set for any hearing, or within a different period specified by the rental officer, or

(ii) if no day is set for a hearing, within a period specified by the rental officer.

Powers on application

(2) A rental officer shall review an application made under subsection (1) and may do any one or more of the following:

(a) conduct any inquiry or inspection that the rental officer considers necessary;

(b) question any person, by telephone or otherwise, concerning the application;

(c) mediate between a landlord and a tenant to assist them to settle the matter by agreement;

(d) hold a hearing into the matter;

(e) make an order dismissing the application where the rental officer is satisfied that the matter is trivial, frivolous or vexatious, or the application has not been made in good faith.

Hearing by telecommuni- cation

(3) The rental officer may conduct a hearing by a method of telecommunication if the rental officer considers it to be appropriate in the circumstances.

Withdrawing application

(4) An applicant may withdraw an application at any time before an order or decision is made. SNWT 2008,c.9,s.41; SNWT 2019,c.21,s.9(14).

No dis- qualification

77.

A rental officer is not disqualified from holding a hearing and determining a matter by reason only of the fact that the rental officer

(a) took part in an inquiry or inspection or questioned any person in respect of the matter; or

(b) mediated between the landlord and the tenant in respect of the matter.

SNWT 2008,c.9,s.41.

Hearing issues together or separately

78.

Where a rental officer is of the opinion that it would be appropriate to do so, the rental officer may

(a) hear and determine the issues raised by more than one application at a common hearing;

(b) conduct a common mediation proceeding in respect of more than one application;

(c) hear and determine the issues raised by an application at separate hearings; or

(d) deal with some issues raised by an application through mediation and hear and determine others at a hearing.

SNWT 2008,c.9,s.41.

Examination of materials

79.

All parties to a proceeding under this Act may examine all material filed with a rental officer relevant to the proceeding.

Mediated agreements

79.1.

(1) Where a rental officer has mediated between a landlord and tenant who have been able to settle a matter by agreement, the rental officer may express the terms of the agreement in an order.

Order consistent with other orders

(2) An order made under subsection (1)

(a) may only contain the terms of the agreement that may be expressed as orders that a rental officer has the authority to make under other provisions of this Act; and

(b) may include the terms and conditions that the rental officer considers appropriate in the circumstances.

SNWT 2008,c.9,s.42.

Power of rental officer to question parties

80.

(1) At a hearing, a rental officer may question the parties who are in attendance at the hearing and any witnesses, with a view to determining the truth concerning the matters in dispute.

Non- attendance at hearing

(2) A rental officer may, on serving notice of a hearing on the parties, proceed with the hearing and make any order authorized by this Act without further notice to a party who does not attend at the time and place, or in the manner, indicated in the notice. SNWT 2008,c.9,s.43.

81.

Repealed, SNWT 2008,c.9,s.44.

Decision

82.

In making a decision, a rental officer may consider any relevant information obtained by the rental officer in addition to the evidence given at the hearing, provided that the rental officer first informs the parties of the additional information and gives them an opportunity to explain or refute it.

Orders

Order of rental officer

83.

(1) After holding a hearing, a rental officer may make any order or decision that has been applied for, or that could have been applied for, that he or she considers justified in the circumstances.

Terms and conditions

(2) A rental officer may include in any order or decision the terms and conditions that the rental officer considers appropriate in the circumstances. SNWT 2008,c.9,s.45.

Deducting compensation from rent

84.

(1) Where a rental officer makes an order requiring a landlord to compensate a tenant, the rental officer may make an order that the tenant recover the compensation by deducting a specified sum from his or her rent for a specified number of rent payment periods.

Compensation to landlord

(2) Where a rental officer makes an order requiring a tenant to compensate a landlord, the rental officer may make an order permitting the tenant to pay the compensation by paying a specified sum together with his or her rent for a specified number of rent payment periods.

Lump sum payments

(3) A rental officer may, on the application of the landlord or the tenant, rescind an order made under subsection (1) or (2), and may order that any compensation still owing be paid in a lump sum.

Reasons

84.1.

(1) A rental officer shall give reasons for any order or decision that he or she makes, either orally if on the record, or in writing.

Service

(2) A rental officer shall serve a copy of any order or decision that he or she makes, and the written reasons, if any, on the landlord and tenant affected.

Publication

(3) A rental officer may publish all or part of any order, decision or reasons he or she has made or given.

Provision of transcript or recording

(4) A rental officer may, upon request, provide a transcript or recording of all or part of a proceeding. SNWT 2019,c.21,s.9(15).

Correction or Clarification of Orders

Correction of order

84.2.

(1) Subject to subsection (2), a rental officer may, with or without a hearing, make any one or more of the following amendments to any order or decision that he or she makes:

(a) correct typographical, grammatical, arithmetic or other similar errors in the order or decision;

(b) clarify the order or decision;

(c) deal with inadvertent omissions in the order or decision.

Initiation of correction

(2) A rental officer may take the steps described in subsection (1)

(a) on the rental officer’s own initiative; or

(b) at the request of a party, which in respect of paragraph (1)(b) or (c) must be made within 14 days after the party is served with a copy of the order or decision.

Request to rental officer

(3) A request under paragraph (2)(b) must be made to the rental officer.

Notice of request

(4) A request under paragraph (2)(b) may be made without notice to the other party, but the rental officer may order that the other party be given notice.

Correction to be justified

(5) A rental officer must not act under this section unless the rental officer considers it justified in the circumstances. SNWT 2017,c.21,s.3.

Enforcement of Order

Authority of order

85.

An order or a decision of a rental officer is binding on the parties.

Filing of order

86.

(1) A landlord or tenant may file an order or a decision of a rental officer with the Clerk of the Supreme Court, if the time for appeal fixed in subsection 87(1) has expired and no appeal has been made.

Manner of filing

(1.1) An order or a decision filed under subsection (1) must be filed in accordance with the regulations.

Enforcement of order

(2) An order or a decision filed under subsection (1) is deemed to be an order or a decision of the Supreme Court, and may be enforced in the same manner as a judgment of the Supreme Court.

Expiry of order

(3) An order or a decision of a rental officer, except an order evicting a tenant from rental premises, expires three years after the day on which the order or decision takes effect, if the order or decision is not filed within those three years with the Clerk of the Supreme Court. SNWT 2015,c.8,s.10; SNWT 2017, c.21,s.4.

Writ of possession

86.1.

(1) A landlord who files an eviction order under subsection 86(1) is entitled, without further order, to a writ of possession if the order being filed is accompanied by

(a) an affidavit of service of the eviction order on the tenant; and

(b) an affidavit stating that the eviction order has not been obeyed.

Expiry of eviction order

(2) An order of a rental officer evicting a tenant from rental premises expires six months after the day on which the order takes effect, if the order is not filed within those six months with the Clerk of the Supreme Court. SNWT 2015,c.8,s.10.

Powers of sheriff

86.2.

(1) The Sheriff, on receiving a writ of possession, shall put the landlord in possession of the rental premises, and for that purpose the Sheriff and the deputies and officers of the Sheriff may, after reasonable demand for admission, force open the door of the rental premises.

Limitation of liability

(2) The Sheriff, a deputy sheriff or an officer of the Sheriff is not liable for anything done or not done by him or her in good faith in the exercise of his or her powers or in the performance of his or her duties under this Act. SNWT 2008,c.9,s.48; SNWT 2012, c.18,s.17(2).

Appeal

Appeal to judge of Supreme Court

87.

(1) A landlord or tenant affected by an order of a rental officer may, within 14 days after being served with a copy of the order, appeal the order by originating notice to a judge of the Supreme Court.

Notice

(2) A notice of the appeal and a copy of the notice of appeal must be served

(a) where the appellant is a landlord, to the rental officer and the tenant, and

(b) where the appellant is a tenant, to the rental officer and the landlord,

not later than seven days before the appeal.

Extension of time

(3) A judge of the Supreme Court may, before or after the expiration of the time for appeal, extend the time within which the appeal may be made.

Document- ation

(4) On receiving a notice of an appeal, the rental officer shall file with the Supreme Court all documents in the possession of the rental officer relating to the appeal.

Evidence

(5) A judge of the Supreme Court hearing an appeal may receive any evidence, oral or written, that is relevant to support or repudiate any allegation contained in the appeal. SNWT 2008,c.9,s.49; SNWT 2019,c.21,s.9(16).

Stay of order

88.

A judge of the Supreme Court may order that an order of a rental officer on appeal under section 87 be stayed on such terms as he or she considers appropriate. SNWT 2008,c.9,s.50; SNWT 2019, c.21,s.9(3).

Decision on appeal

89.

After hearing the appeal, a judge of the Supreme Court may allow the appeal and vary or set aside the order or dismiss the appeal.

Further appeal

90.

A landlord or a tenant may appeal a decision of a judge of the Supreme Court made under this Act in the same manner as a decision of the Supreme Court.

OFFENCE AND PUNISHMENT

Offences

91.

(1) Every person who

(a) contravenes section 14, 14.1, 14.2, 17, 18, 33, 42, 47 or 54.1,

(b) knowingly fails to obey an order of a rental officer,

(c) harasses a tenant for the purpose of forcing the tenant to vacate or abandon a rental premises,

(d) fails to comply with any reasonable requirement or direction of a rental officer in the exercise of the powers and the performance of duties of the rental officer under this Act,

(e) obstructs or hinders a rental officer in the exercise of the powers or the performance of the duties of the rental officer, or

(f) provides false information in any sworn statement to a rental officer under this Act or in any proceedings before a rental officer,

and every director or officer of a corporation who knowingly concurs in the prohibited act is guilty of an offence and liable on summary conviction to a fine not exceeding $2,000.

Where corporation convicted

(2) Where a corporation is convicted of an offence under subsection (1), the maximum fine that may be imposed on the corporation is $25,000. SNWT 2008,c.9,s.51; SNWT 2015,c.8,s.11.

REGULATIONS

Regulations

92.

The Commissioner, on the recommendation of the Minister, may make regulations

(a) setting out the form of a tenancy agreement;

(b) respecting inspections of the condition and contents of rental premises;

(c) respecting entry inspection reports and exit inspection reports;

(d) respecting the rate of interest that a landlord must credit to a tenant in respect of a security deposit or pet security deposit;

(e) respecting the calculation of a penalty for late payment of rent by a tenant;

(f) respecting methods of giving or serving notices or other documents, including methods of substitutional service;

(g) respecting the contents of applications, certificates, notices, orders, reports or other forms or documents used for the purposes of this Act;

(h) respecting the procedures to be followed for applications, mediation proceedings and hearings under this Act;

(i) respecting fees that may be charged for applications made and services provided under this Act;

(j) respecting the filing of orders and decisions of rental officers with the Clerk of the Supreme Court; and

(k) respecting any other matter or thing that the Commissioner considers necessary or advisable for carrying out the purposes and provisions of this Act.

SNWT 2008,c.9,s.52; SNWT 2015,c.8,s.12; SNWT 2017,c.21,s.5; SNWT 2019, c.21,s.9(17).

SCHEDULE

Repealed, SNWT 2008,c.9,s.53.