Residential Tenancy Act - Alberta

 
 
Part 1 - Periodic Tenancies

 

Notice of termination of periodic tenancy

5(1) A weekly, monthly or yearly tenancy may be terminated by

either the landlord or the tenant on notice to the other.

 

(2) The notice

 

(a) must be served in sufficient time to give the period of notice

required by section 7, 8, 9, 11 or 12, as the case may be, and

 

(b) must meet the requirements of section 10.

 

(3) A tenancy not referred to in subsection (1) that is terminable on

notice must, unless otherwise agreed, be terminated as provided by

section 10 and the notice must be served on the landlord or tenant,

as the case may be.

 

(4) If a periodic tenancy of residential premises is for a period of

more than one week but less than one year, that tenancy is, for the

purposes of terminating the tenancy, deemed to be a monthly

tenancy.

 

(5) A period of notice required by section 7, 8, 9, 11 or 12 may be

modified by a regulation made under section 70(1)(c.1).

2004 cR-17.1 s5;2007 c11 s1

 

Termination by landlord

6(1) A notice under this Part from a landlord to a tenant to

terminate a periodic tenancy is of no effect unless the termination is

for one or more of the prescribed reasons or for the reasons set out

in section 11 or 12.

 

(2) A landlord who gives a notice under this Part to a tenant to

terminate a periodic tenancy for one or more of the prescribed

reasons or for the reasons set out in section 12 contravenes this Act

if the tenant vacates the premises and the landlord does not use the

premises for the reasons set out in the notice within a reasonable

time after the termination date set out in the notice.

Notice to terminate weekly tenancy

7 A notice to terminate a weekly tenancy given by a landlord or

tenant must be served on the other party on or before the first day

of the tenancy week to be effective on the last day of that tenancy

week.

 

 

Notice to terminate monthly tenancy

8(1) A notice to terminate a monthly tenancy must be served

 

(a) by a tenant on the tenant’s landlord, on or before the first

day of a tenancy month to be effective on the last day of that

tenancy month, or

 

(b) by a landlord on the landlord’s tenant, on or before the first

day of a notice period to be effective on the last day of the

notice period.

 

(2) In this section and section 10(2)(b), “notice period” means a

period of 3 consecutive tenancy months.

Notice to terminate yearly tenancy

9 A notice to terminate a yearly tenancy must be served

 

(a) by a tenant on the tenant’s landlord, on or before the 60th

day before the last day of a tenancy year, or

 

(b) by a landlord on the landlord’s tenant, on or before the 90th

day before the last day of a tenancy year,

 

to be effective on the last day of the tenancy year.

Form of notice

10(1) A notice to terminate a tenancy must

 

(a) be in writing,

 

(b) be signed by the person giving the notice or the person’s

agent,

 

(c) in the case of a landlord terminating the tenancy, set out the

reasons for which the tenancy is being terminated,

 

(d) identify the premises in respect of which the notice is

served, and

 

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

 

(2) If a notice to terminate a weekly, monthly or yearly tenancy is

not served in sufficient time to give the period of notice required by

section 7, 8 or 9, as the case may be, the notice is still effective to

terminate

 

(a) the weekly tenancy on the last day of the first complete

tenancy week following the date on which the notice is

served,

 

(b) the monthly tenancy

 

(i) if the notice is served by a tenant on the tenant’s

landlord, on the last day of the first complete tenancy

month following the date on which the notice is served,

or

 

(ii) if the notice is served by a landlord on the landlord’s

tenant, on the last day of the first complete notice period

following the date on which the notice is served,

 

or

 

(c) the yearly tenancy

 

(i) if the notice is served before the end of the tenancy year

by a tenant on the tenant’s landlord, 60 days from the

date on which the notice is served, or

 

(ii) if the notice is served before the end of the tenancy year

by a landlord on the landlord’s tenant, 90 days from the

date on which the notice is served.

 

(3) Subsection (2) does not apply to a notice to terminate under

section 11 or 12.

Notice to terminate tenancy of employee

11 If a periodic tenancy of residential premises has been entered

into by reason of the tenant’s employment by the landlord and that

employment is terminated, either the landlord or the tenant may

terminate the tenancy by serving notice on the other party in

sufficient time to provide a period of notice of termination of the

tenancy that is

 

(a) a period equal to

 

(i) the period of notice of termination of employment

required under any law in force in Alberta that is

applicable to the tenant’s employment,

 

(ii) the period of notice of termination of employment

agreed on by the landlord and the tenant, or

 

(iii) one week,

 

whichever is longest, or

 

(b) a period prescribed in or determined in accordance with the

regulations.

Notice to terminate for condominium conversion

12(1) In this section,

 

(a) “condominium plan” means a condominium plan as defined

in the Condominium Property Act;

 

(b) “condominium unit” means a unit as defined in the

Condominium Property Act.

 

(2) If after the commencement of a periodic tenancy of residential

premises

 

(a) a condominium plan that includes or is proposed to include

those residential premises is registered or is proposed to be

registered in the land titles office, and

 

(b) termination of that tenancy is sought for the purpose of

obtaining vacant possession of the residential premises in

order that the residential premises or any part of them may

be sold as a condominium unit or as part of a condominium

unit,

 

the landlord may terminate that tenancy by serving a notice of

termination on the tenant at least 180 days before the day named in

the notice for the termination of the residential tenancy agreement.

 

(3) Notwithstanding subsection (2), if the residential tenancy

agreement is terminated by the tenant before the day specified in

the notice, the landlord may rent the premises to another tenant for

the period remaining until the day specified in the notice, if the

landlord gives that tenant notice of the termination date before

entering into the residential tenancy agreement.

Implied periodic tenancy

13 When a periodic tenancy is implied by operation of law after

the expiration or termination of a prior fixed term tenancy, the

implied tenancy, in the absence of facts showing a contrary

intention, is

 

(a) if the prior tenancy was for a fixed term of one month or

more, a monthly tenancy, or

 

 

(b) if the prior tenancy was for a fixed term of less than one

month, a weekly tenancy.

Notice of increase in rent

14(1) A landlord shall not increase the rent payable under a

residential tenancy agreement or recover any additional rent

resulting from an increase unless the landlord serves on the tenant a

written notice of the increase in rent

 

(a) in respect of a weekly tenancy, at least 12 tenancy weeks,

 

(b) in respect of a monthly tenancy, at least 3 tenancy months,

and

 

(c) in respect of any other periodic tenancy, at least 90 days,

 

before the date on which the increase is to be effective.

 

(2) A notice under this section must indicate the date on which the

increase is to be effective and must be dated and signed by the

landlord.

 

(3) If the residential tenancy agreement provides for a period of

notice longer than the period specified in subsection (1), the

landlord must give at least that longer period of notice before

increasing the rent payable or recovering any additional rent

resulting from the increase.

 

(4) A landlord shall not increase the rent payable under a

residential tenancy agreement or recover any additional rent

resulting from an increase unless the prescribed amount of time has

passed, which shall not be less than 1 year.

 

(5) A tenant under a periodic tenancy who receives a notice under

this section and who fails to give to the landlord notice of

termination effective on or before the date the rent increase is to be

effective is deemed to have agreed to the increase in rent.

 

(6) A notice of increase in rent that does not comply with or is not

given in accordance with this section is void.

 

(7) A tenant who pays increased rent pursuant to a notice of

increase in rent that does not comply with or is not given in

accordance with this section may recover the amount by which the

rent was increased in an action in debt.

 

(8) A period of notice required by this section may be modified by

a regulation made under section 70(1)(c.1).

2004 cR-17.1 s14;2007 c11 s1

Part 2 - Obligations of Landlords and Tenants

Notice to terminate not required

15 Notwithstanding any agreement to the contrary, notice to

terminate is not required in order to terminate a fixed term tenancy.

Landlord’s covenants

16 The following covenants of the landlord form part of every

residential tenancy agreement:

 

(a) that the premises will be available for occupation by the

tenant at the beginning of the tenancy;

 

(b) that, subject to section 23, neither the landlord nor a person

having a claim to the premises under the landlord will in any

significant manner disturb the tenant’s possession or

peaceful enjoyment of the premises;

 

(c) that the premises will meet at least the minimum standards

prescribed for housing premises under the Public Health Act

and regulations.

Copy of agreement for tenant

17(1) If a residential tenancy agreement is in writing and the

tenant has signed and returned the written residential tenancy

agreement to the landlord, the landlord shall, within 21 days after

the written residential tenancy agreement is returned to the

landlord, serve on the tenant a copy of the written residential

tenancy agreement signed by the landlord.

 

(2) A tenant may withhold payment of rent until the tenant is

served with a copy of the residential tenancy agreement under

subsection (1).

Notice of landlord

18(1) In this section, “notice of landlord” means a written notice

that is dated and signed by the landlord and sets out the name of

one of the persons who falls within the definition of landlord and a

postal address and physical location in Canada for that person.

 

(2) When a tenant enters into a residential tenancy agreement with

a landlord, the landlord shall serve the tenant with a notice of

landlord within 7 days after the day on which the tenant takes

possession of the residential premises.

 

(3) A landlord of residential premises that are contained in a

building or complex with common areas may, instead of complying

with subsection (2), post the notice of landlord in a conspicuous

place in a common area.

 

(4) If the information in the notice of landlord changes, the

landlord shall forthwith serve the tenant with a new notice with the

current information or, if the landlord has posted the notice under

subsection (3), forthwith post a new notice with the current

information.

 

(5) The landlord who posts a notice of landlord under this section

shall take all reasonable steps to ensure that it remains posted.

2004 cR-17.1 s18;2009 c7 s11

 

Inspection report

19(1) A landlord and tenant shall inspect the residential premises

within one week before or after a tenant takes possession of the

residential premises, and the landlord shall, forthwith on

completion of the inspection, provide the tenant with a report of the

inspection that describes the condition of the premises.

 

(2) A landlord and tenant shall inspect the residential premises

within one week before or after the tenant gives up possession of

the residential premises and the landlord shall, forthwith on

completion of the inspection, provide the tenant with a report of the

inspection that describes the condition of the premises.

 

(3) A landlord may complete the inspection without the tenant if

the landlord proposes 2 inspections to take place

 

(a) on different days,

 

(b) on days that are not holidays, and

 

(c) between 8 a.m. and 8 p.m.,

 

and no adult person who falls within the definition of tenant agrees

to take part.

 

(4) For the purposes of subsection (3) the landlord may propose

alternative inspection times, with the inspection to take place on the

2nd date and time if it does not proceed on the first date and time.

 

(5) A report must contain the prescribed statements and be signed

in accordance with the regulations.

 

(6) A landlord shall

 

(a) keep a copy of an inspection report prepared under this

section for at least 3 years after the termination of the

tenancy, and

 

(b) make the inspection report available for inspection by the

Director or an authorized person for the purposes of an

inspection or investigation under Part 6.

Time of expiration or termination

20(1) Unless the landlord and tenant agree on a different time, a

tenancy that expires or is terminated ends at 12 noon on the last day

of the tenancy.

 

(2) This section does not apply to a tenancy terminated by notice

under section 30.

Tenant’s covenants

21 The following covenants of the tenant form part of every

residential tenancy agreement:

 

(a) that the rent will be paid when due;

 

(b) that the tenant will not in any significant manner interfere

with the rights of either the landlord or other tenants in the

premises, the common areas or the property of which they

form a part;

 

(c) that the tenant will not perform illegal acts or carry on an

illegal trade, business or occupation in the premises, the

common areas or the property of which they form a part;

 

(d) that the tenant will not endanger persons or property in the

premises, the common areas or the property of which they

form a part;

 

(e) that the tenant will not do or permit significant damage to

the premises, the common areas or the property of which

they form a part;

 

(f) that the tenant will maintain the premises and any property

rented with it in a reasonably clean condition;

 

(g) that the tenant will vacate the premises at the expiration or

termination of the tenancy.

Assignment and sublease

22(1) Subject to subsection (4), no assignment or sublease of a

residential tenancy agreement by a tenant is valid without the

written consent of the landlord.

 

(2) A landlord shall not refuse consent to an assignment or

sublease unless there are reasonable grounds for the refusal.

 

(3) When

 

(a) the Banff Housing Corporation is the landlord under a

residential tenancy agreement,

 

(b) the tenant under that agreement is a person other than the

Crown, and

 

(c) that agreement has a fixed term of 25 or more years,

 

the only grounds on which the Banff Housing Corporation may

refuse to give its consent to an assignment or sublease are those set

out in the regulations.

 

(4) If a landlord does not respond to a request for a consent within

14 days after receiving the request, the landlord is deemed to have

given consent.

 

(5) A landlord who refuses to give consent shall provide the tenant

who requested consent with written reasons for the refusal.

 

(6) A landlord shall not charge a fee or other consideration for

giving consent to an assignment or sublease.

Entry of premises

23(1) Except as otherwise permitted in this section, no landlord

shall enter residential premises rented by the landlord without the

consent of the tenant or of an adult person lawfully on the

premises.

 

(2) A landlord is entitled to enter residential premises rented by the

landlord without consent or notice if the landlord has reasonable

grounds to believe that

 

(a) an emergency requires the landlord to enter the premises, or

 

(b) the tenant has abandoned the premises.

 

(3) Subject to subsection (4), a landlord is entitled to enter

residential premises rented by the landlord without consent but

after notice to the tenant

 

(a) to inspect the state of repair of the premises,

 

(b) to make repairs to the premises,

 

(c) to take necessary steps to control pests in the premises to

ensure that the premises meet standards in that regard that

are required under any law in force in Alberta,

 

(d) for the purpose of showing the premises, whether directly or

through a real estate broker, to prospective purchasers or

mortgagees of the premises, or

 

(e) to show the premises to prospective tenants after a landlord

or tenant has served notice of termination of a periodic

tenancy or during the last month of a fixed term tenancy.

 

(4) A landlord is not entitled to enter residential premises under

subsection (3) unless

 

(a) the notice is served on the tenant at least 24 hours before the

time of entry,

 

(b) the entry is made on a day that is not

 

(i) a holiday, except that the landlord may enter on a

Sunday if the tenant’s day of religious worship is not a

Sunday and the tenant has provided the landlord with a

written notice of that day, or

 

(ii) the tenant’s day of religious worship if that day is not a

Sunday and the tenant has provided the landlord with a

written notice of that day,

 

and

 

(c) the entry is between 8 a.m. and 8 p.m.

 

(5) A notice under subsection (3) must

 

(a) be in writing,

 

(b) be signed by the landlord or the landlord’s agent,

 

(c) state the reason for the entry, and

 

(d) name a date and time of entry that comply with subsection

(4).

(6) The date and time of entry referred to in subsection (5)(d) may

be expressed as a period of time of reasonable duration, which

must begin and end at specified times.

Locks and security devices

24(1) Neither a tenant nor a landlord shall add to or change locks

on doors giving access to residential premises or to the property of

which the residential premises form a part without the consent of

the other party.

 

(2) Notwithstanding subsection (1), a landlord may add to or

change locks on doors giving access to residential premises or to

the property of which the residential premises form a part if a key

is made available to the tenant as soon as the addition or change is

made.

 

(3) Subsection (1) does not apply to the installation by a tenant of

a security device that

 

(a) is capable of being put into effect only while a person is

inside the residential premises, and

 

(b) can be installed and removed without damage to the

premises or will remain affixed to the premises and become

the property of the landlord when the tenancy is terminated.

 

(4) Where a tenant adds to or changes a lock in accordance with

subsection (1) the tenant shall make a key available to the landlord

as soon as the addition or change is made.

Prohibition re termination of tenancy

25 No landlord shall

 

(a) terminate a tenancy, or

 

(b) take any kind of retaliatory action against a tenant including,

without limitation, the imposition of a financial penalty,

 

by reason only of the tenant’s having made an application, filed a

statement, made a complaint, assisted in an investigation or inquiry

or given evidence at a hearing under this Act or the Public Health

Act.

 
Part 3 - Remedies of Landlords and Tenants

Landlord’s remedies

26(1) If a tenant commits a breach of a residential tenancy

agreement, the landlord may apply to a court for one or more of the

following remedies:

 

(a) where the breach consists of non-payment of rent, recovery

of arrears of rent;

 

(b) where the breach consists of failing to give up possession of

the residential premises,

 

(i) recovery of possession of the premises from the

overholding tenant, and

 

(ii) recovery of compensation for the use and occupation of

the premises by the overholding tenant;

 

(c) where the breach is a substantial breach, termination of the

tenancy;

 

(d) recovery of damages resulting from the breach.

 

(2) An application under subsection (1) must be supported by an

affidavit setting out the following:

 

(a) if a claim is made for the recovery of arrears of rent, the

amount of rent in arrears and the time during which it has

been in arrears;

 

(b) if a claim is made for the recovery of damages resulting

from a breach of the residential tenancy agreement, the

details of the breach and the amount of damages claimed;

 

(c) if a claim is made for the recovery of compensation for the

use and occupation of premises by an overholding tenant,

 

(i) the date of the expiration of the tenancy or, if the

tenancy was terminated, the method of termination and

the effective date of the termination,

 

(ii) the reasons for the tenant’s failure to vacate the

premises, to the extent known,

 

(iii) the nature of the use and occupation by the overholding

tenant, to the extent known,

 

(iv) the rent payable under the prior tenancy agreement, and

 

(v) the amount of compensation claimed;

 

(d) if a claim is made for the recovery of possession of the

premises from an overholding tenant,

 

(i) the date of the expiration of the tenancy or, if the

tenancy was terminated, the method of termination and

the effective date of the termination, and

 

(ii) the reasons for the tenant’s failure to vacate the

premises, to the extent known;

 

(e) if a claim is made for the termination of the tenancy by

reason of a substantial breach of the tenancy agreement, the

details of the breach and the requested termination date.

Repudiation of tenancy

27(1) If a tenant by abandonment of the residential premises or

otherwise gives the landlord reasonable grounds to believe that the

tenant has repudiated the residential tenancy agreement, the

landlord may either

 

(a) accept the repudiation as a termination of the tenancy, or

 

(b) refuse to accept the repudiation and continue the tenancy.

 

(2) In the case of a periodic tenancy, for the purposes of

subsections (3) and (7), the tenant’s acts of repudiation constitute a

proper notice effective to terminate the tenancy on the earliest date

that the tenant could have terminated the tenancy under this Act.

 

(3) A landlord who accepts the repudiation as a termination of the

tenancy may recover

 

(a) damages resulting from a breach of the residential tenancy

agreement prior to the repudiation, and

 

(b) damages for the loss of the benefit of the residential tenancy

agreement

 

(i) in the case of fixed term tenancy, until it would have

expired had the landlord not accepted the repudiation, or

 

(ii) in the case of a periodic tenancy, until the termination

date.

 

(4) Notwithstanding subsection (3)(b), a landlord shall make

reasonable efforts to mitigate the damages for the loss of the

benefits of the residential tenancy agreement.

 

(5) A landlord who refuses to accept the repudiation and elects to

continue the tenancy shall make reasonable efforts to mitigate the

tenant’s liability for rent under the residential tenancy agreement.

 

(6) A landlord who rents the premises to a new tenant in order to

mitigate a tenant’s liability for rent under a residential tenancy

agreement

 

(a) is deemed to have accepted the repudiation of the landlord’s

previous tenant as terminating that tenancy at the time the

new tenancy commences, and

 

(b) may recover damages in the same manner as if the landlord

had accepted the tenant’s repudiation of the residential

tenancy agreement.

 

(7) Subject to subsection (5), a landlord who refuses to accept the

repudiation and elects to continue the tenancy may, so long as the

landlord has not rented the premises to a new tenant, recover rent

accruing under the residential tenancy agreement

 

(a) in the case of a fixed term tenancy, until it expires, or

 

(b) in the case of a periodic tenancy, until the termination date.

 

Termination for substantial breach by landlord

28(1) A tenant may apply to a court to terminate the tenancy or

may terminate the tenancy by serving the landlord with a notice at

least 14 days before the day that the tenancy is to terminate where

 

(a) the landlord commits a substantial breach of the residential

tenancy agreement, and

 

(b) an executive officer has issued an order under section 62 of

the Public Health Act in respect of the circumstances that

constitute the substantial breach, and the tenant believes on

reasonable grounds that the landlord has failed to comply

with the order.

 

(2) The notice must

 

(a) be in writing,

 

(b) be signed by the tenant,

 

(c) set out the reasons for the termination, and

 

(d) set out the termination date.

 

(3) A notice to terminate under this section is ineffective if

 

(a) within 7 days from the date the landlord receives the notice,

the landlord serves the tenant with a notice in writing

objecting to the termination on the grounds that the landlord

has complied with the order under the Public Health Act or

has been granted a stay of the order, and

 

(b) at the time of serving the notice of objection the landlord

has complied with the order or has been granted a stay of

the order.

2004 cR-17.1 s28;2005 c32 s2

 

Termination for substantial breach by tenant

29(1) If a tenant commits a substantial breach of a residential

tenancy agreement, the landlord may apply to a court to terminate

the tenancy or may terminate the tenancy by serving the tenant with

a notice at least 14 days before the day that the tenancy is to

terminate.

 

(2) The notice must

 

(a) be in writing,

 

(b) be signed by the landlord or the landlord’s agent,

 

(c) set out separately

 

(i) the rent due as of the date of the notice, and

 

(ii) any additional rent that may become due during the

notice period,

 

(d) set out the reasons for the termination, and

 

(e) set out the termination date.

 

(3) Where a landlord terminates a tenancy for non-payment of

rent, the notice to terminate must state that the tenancy will not be

terminated if, on or before the termination date specified in the

notice, the tenant pays the rent due and any additional rent that has

become due under the residential tenancy agreement as of the date

of payment.

 

(4) A notice to terminate under this section is ineffective if, before

the termination date given in the notice, the tenant

 

(a) pays all rent due as of the date of payment, if the alleged

breach is a failure to pay rent, or

(b) serves the landlord with a notice in writing objecting to the

termination that sets out the tenant’s reasons for objecting, if

the alleged breach is other than a failure to pay rent.

2004 cR-17.1 s29;2005 c32 s3

 

Where premises are occupied by surviving

spouse or partner

29.1 If residential premises are occupied by a surviving spouse or

adult interdependent partner pursuant to Division 1 of Part 5 of the

Wills and Succession Act, any application under section 26, 28 or

29 must be made to the Court of Queen’s Bench.

2010 cW-12.2 s122

 

Termination of tenancy for damage or assault

30(1) Notwithstanding section 29, if a tenant has

 

(a) done or permitted significant damage to the residential

premises, the common areas or the property of which they

form a part, or

 

(b) physically assaulted or threatened to physically assault the

landlord or another tenant,

 

the landlord may apply to a court to terminate the tenancy or may

terminate the tenancy by serving the tenant with a notice at least 24

hours before the time that the tenancy is to terminate.

 

(2) The notice must

 

(a) be in writing,

 

(b) be signed by the landlord or the landlord’s agent,

 

(c) set out the reasons for the termination, and

 

(d) set out the time and date that the tenancy is to terminate.

 

(3) If a landlord terminates a tenancy by serving a notice under

subsection (1) and the tenant has not vacated the premises by the

time and date set out in the notice, the landlord may within 10 days

after the termination date apply to a court for an order confirming

the termination of the tenancy and for any remedy that may be

granted under section 26.

 

(4) An application under subsection (3) must be supported by an

affidavit setting out the following:

 

(a) details of the damage or physical assault or threat;

 

(b) a copy of the notice to terminate and the time and date it

was served.

 

(5) If the landlord has not applied to a court to confirm the

termination of the tenancy within 10 days after the termination date

and the tenant has not vacated the premises, the termination of the

tenancy by notice of the landlord is ineffective and the tenancy is

deemed never to have been terminated by notice of the landlord

under this section.

 

(6) A court may grant an order confirming the termination of the

tenancy if satisfied that the tenant has done or permitted significant

damage or committed the assault or threat referred to in subsection

(1).

 

(7) If a court is not satisfied that the tenant has done or permitted

significant damage or committed the assault or threat referred to in

subsection (1), the court may declare the termination of the tenancy

by notice of the landlord to be ineffective and the tenancy is

deemed never to have been terminated by notice of the landlord

under this section.

Abandoned goods

31(1) In this section, “abandoned goods” means goods left at

residential premises by a tenant who has

 

(a) abandoned the premises, or

 

(b) vacated the premises and whose tenancy has expired or been

terminated.

 

(2) A landlord who believes on reasonable grounds that abandoned

goods have a total market value of less than the prescribed amount

may dispose of the goods.

 

(3) Notwithstanding that abandoned goods have a value equal to or

greater than the prescribed amount, a landlord who on reasonable

grounds believes

 

(a) that the storage of the goods would be unsanitary or unsafe

or would rapidly result in total or substantial depreciation in

their market value, or

 

(b) that the cost of removing, storing and selling the goods

would exceed the proceeds of their sale,

 

may sell the goods by a means and for a price that the landlord

believes is reasonable.

(4) If subsections (2) and (3) do not apply, the landlord

 

(a) shall store or arrange for storage of the goods on behalf of

the tenant until the expiration of the prescribed period after

the date of their abandonment, and

 

(b) afterwards may dispose of the goods by public auction or,

with the approval of a court, by private sale.

 

(5) If no bid is received for the abandoned goods at a public

auction held under subsection (4)(b), the landlord may dispose of

the goods.

 

(6) No liability attaches to a person for

 

(a) selling goods under subsection (3) or (4)(b), or

 

(b) disposing of goods under subsection (2) or (5).

 

(7) Where abandoned goods are disposed of or sold under this

section, the person acquiring the goods on the disposal or sale

acquires the tenant’s interest in those goods and the tenant’s

interest in the goods is extinguished.

 

(8) A landlord shall, on payment of the landlord’s proper costs of

removing and storing the abandoned goods, give up possession of

the goods to the tenant or to the person entitled to them.

 

(9) A landlord may apply the proceeds of any sale of abandoned

goods

 

(a) to the landlord’s proper costs of removing, storing and

selling the goods, and

 

(b) to satisfy the tenant’s liabilities to the landlord in respect of

the tenancy, if the liabilities are established in accordance

with the regulations,

 

and shall pay the surplus, if any, to the Minister.

 

(10) The Minister shall retain the surplus on behalf of the tenant

for one year and afterwards, if the tenant has not claimed it, pay the

surplus into the General Revenue Fund.

 

(11) On payment of the surplus into the General Revenue Fund

under subsection (10), the tenant’s claim to that surplus is

extinguished.

 

(12) This section does not apply to goods on premises against

which a civil enforcement agency executes an order of possession.

 

(13) A landlord shall keep a record of the storage, disposition or

sale of goods under this section including

 

(a) a description of the goods,

 

(b) the period for which and the location at which they were

stored,

 

(c) in a case where subsection (8) applies, the costs claimed by

the landlord and the date on which the goods were returned

to the tenant,

 

(d) where the goods are sold, the particulars of the sale, the

amount claimed by the landlord under subsection (9) and the

amount, if any, paid to the Minister under subsection (9),

and

 

(e) where the goods are neither returned to the tenant nor sold,

the manner in which they were disposed of.

 

(14) A landlord shall keep a record referred to in subsection (13)

as it relates to particular goods for at least 3 years after the goods

were returned to the tenant, sold or disposed of, as the case may be.

2004 cR-17.1 s31;2006 c23 s69;2008 c43 s10;2011 c14 s25

 

Recovery of damages

32 In an application to a court for the recovery of damages

resulting from the tenant’s breach of the tenant’s covenant to

vacate the residential premises at the expiration or termination of

the tenancy, a landlord may recover

 

(a) general damages the landlord has suffered resulting from the

tenant’s failure to vacate the premises, and

 

(b) special damages the landlord has suffered resulting from the

landlord’s liability to a new tenant because of the landlord’s

failure to deliver possession of the premises to the new

tenant, if the tenant could reasonably have foreseen that

those damages would be a consequence of the tenant’s

failure to vacate the premises.

Notice to vacate

33(1) If the tenant having the right to occupy residential premises

has abandoned the premises, the landlord may require a person

living in the premises who is not a tenant to vacate the premises by

serving the person with a notice to vacate.

 

(2) The notice to vacate under subsection (1) must give the person

living in the premises at least 48 hours to vacate the premises from

the time that the notice is served.

 

(3) A notice to vacate must

 

(a) be in writing,

 

(b) be signed by the landlord or the landlord’s agent, and

 

(c) set out the time and date by which the person must vacate

the premises.

 

(4) If the person on whom a notice to vacate is served fails to

vacate the premises by the time and date specified in the notice, the

landlord may apply to a court for an order terminating the tenancy

of the tenant who abandoned the premises and for recovery of

possession of the premises.

 

(5) An application under subsection (4) must be supported by an

affidavit setting out the following:

 

(a) the date that the premises were abandoned by the tenant, to

the extent known;

 

(b) a copy of the notice to vacate and the time, date and manner

in which it was served;

 

(c) the reasons for the person’s failure to vacate the premises, to

the extent known.

 

(6) A court may grant an order under subsection (4) if satisfied that

the tenant has abandoned the premises and that the person living in

the premises is not a tenant.

 

(7) Nothing in this section prevents a landlord from applying to a

court for additional remedies under section 26.

Order for recovery of possession

34 An order for recovery of possession of residential premises

 

(a) shall direct the tenant or overholding tenant or, where

section 33 applies, the person living in the premises and the

tenant, to give up possession of the premises to the landlord

by a specified date or within a specified time after service of

the order,

 

(b) shall include a statement to the effect that a civil

enforcement agency has authority, after service of the order

has been effected, to evict any occupant of the premises, and

 

(c) may be served in a manner provided for by section 57 or in

any other manner that the court directs.

2004 cR-17.1 s34;2011 c14 s25

 

Requirements respecting eviction

34.1 A civil enforcement agency has authority to evict an

occupant from residential premises

 

(a) only in accordance with an order for recovery of possession,

and

 

(b) unless the court orders otherwise, only after the civil

enforcement agency is satisfied that

 

(i) the order has been served on the tenant or overholding

tenant or, where section 33 applies, the person living in

the premises and the tenant, and

 

(ii) an affidavit of service has been filed in the Court of

Queen’s Bench by the person who has the order for

recovery of possession.

2011 c14 s25

 

Notice of default required

35 If an order for recovery of possession of premises is stayed

while payments are being made in accordance with the order

granting the stay, the order for recovery of possession may not,

unless the court orders otherwise, subsequently be enforced until

notice of default is served on the tenant.

2004 cR-17.1 s35;2011 c14 s25

 

Notice to vacate

36(1) A landlord may require a person who is not a tenant but who

is living in residential premises occupied by a tenant to vacate the

premises by serving the person with a notice to vacate.

 

(2) The notice to vacate under subsection (1) must give the person

living in the premises at least 14 days to vacate the premises from

the day that the notice is served.

 

(3) A notice to vacate must

 

(a) be in writing,

 

(b) be signed by the landlord or the landlord’s agent, and

 

(c) set out the time and date by which the person must vacate.

 

(4) If the person on whom a notice to vacate is served fails to

vacate the premises by the time and date specified in the notice, the

landlord may apply to a court for an order directing the person to

vacate the premises.

 

(5) An application under subsection (4) must be supported by an

affidavit setting out the following:

 

(a) a copy of the notice to vacate and the time, date and manner

in which it was served;

 

(b) the reasons for the person’s failure to vacate the premises, to

the extent known.

Tenant’s remedies

37(1) If a landlord commits a breach of a residential tenancy

agreement or contravenes this Act, the tenant may apply to a court

for one or more of the following remedies:

 

(a) recovery of damages resulting from the breach or

contravention;

 

(b) abatement of rent to the extent that the breach or

contravention deprives the tenant of the benefit of the

residential tenancy agreement;

 

(c) compensation for the cost of performing the landlord’s

obligations;

 

(d) termination of the tenancy by reason of the breach or

contravention if in the opinion of the court the breach or

contravention is of such significance that the tenancy should

be terminated.

 

(2) An application under subsection (1) must be supported by an

affidavit setting out the following:

 

(a) if a claim is made for the recovery of damages resulting

from a breach of the residential tenancy agreement or a

contravention of this Act, the details of the breach or

contravention and the amount of damages claimed;

 

(b) if a claim is made for abatement of rent by reason of a

breach of a residential tenancy agreement or a contravention

of this Act,

 

(i) the rent payable under the residential tenancy agreement,

 

(ii) the details of the breach or contravention,

 

(iii) the benefit of the residential tenancy agreement that the

tenant was deprived of, and

 

(iv) the amount of rent abatement claimed;

 

(c) if a claim is made for compensation for the cost of

performing the landlord’s obligations,

 

(i) the rent payable under the residential tenancy agreement,

 

(ii) the details of the breach of the residential tenancy

agreement or of the contravention of this Act,

 

(iii) the obligations performed on the landlord’s behalf, and

 

(iv) the amount of compensation claimed;

 

(d) if a claim is made for termination of the tenancy by reason

of a breach of the residential tenancy agreement or a

contravention of this Act, the details of the breach or

contravention and the requested termination date.

 

Possession unobtainable

38 If at the beginning of the tenancy the landlord is in breach of

the landlord’s covenant under section 16(a) or (c), the tenant may

do one or more of the following:

 

(a) repudiate the residential tenancy agreement or apply to the

Court of Queen’s Bench for specific performance of the

covenant;

 

(b) recover general damages resulting from the breach;

 

(c) recover special damages resulting from the breach if the

landlord could reasonably have foreseen that those damages

would be a consequence of the breach.

Compensation to tenant

39 On hearing an application by a tenant for the recovery of

damages or for compensation for the cost of performing the

landlord’s obligations, a court may

 

(a) direct that the tenant pay into the court, pending and after

disposition of the application, those amounts of rent as they

become due that the court considers appropriate, and

 

(b) direct that any amount of rent paid into the court be

disbursed

 

(i) to the tenant as damages, or

 

(ii) to the landlord, the tenant or a third party, for costs

reasonably incurred in performing the landlord’s

obligations,

 

and that any remaining amount be paid to the landlord.

Frustration of tenancy agreement

40(1) A residential tenancy agreement is frustrated if

 

(a) the residential premises that are the subject of the residential

tenancy agreement are destroyed,

 

(b) the residential premises, the common areas or the property

of which they form a part are damaged to such an extent that

 

(i) a reasonable landlord would not repair the damage, or

 

(ii) a reasonable tenant would not be willing to remain as a

tenant,

 

(c) an order is made under section 62 of the Public Health Act

that closes the residential premises, declares the residential

premises unfit for habitation or otherwise operates so as to

make the continuation of the tenancy practically impossible,

or

 

(d) the residential premises, the common areas or the property

of which they form a part are in a condition that contravenes

an enactment that regulates health and safety in housing

accommodation, and the condition is not remedied in

accordance with that enactment.

 

(2) The law pertaining to frustration of a contract applies with

respect to a residential tenancy agreement that is frustrated.

Application for remedy to court

41 If a landlord or tenant applies to a court to obtain a remedy

under section 26, 30, 33, 36, 37 or 47.3(7), the landlord or tenant

shall serve on the other party to the application a notice of the

application and a supporting affidavit at least 3 days, exclusive of

holidays and Saturdays, or any shorter period of time that the court

may approve, before the day named in the notice for the hearing.

2004 cR-17.1 s41;2015 c20 s3

 

Order of court

42 On hearing an application and considering the oral and

affidavit evidence submitted, a court may

 

(a) make an order granting or denying the remedy in whole or

in part, or

 

(b) direct a trial to determine an issue that remains unresolved

by the evidence submitted.

2004 cR-17.1 s42;2009 c53 s163

 

Part 4 - Security Deposits

Amount of security deposit

43(1) A landlord shall not require a tenant to provide a security

deposit that is greater than one month’s rent under the residential

tenancy agreement or that is greater than the rent that would be

payable for one month under the residential tenancy agreement if

the rent were payable monthly.

 

(2) A landlord shall not require a tenant to pay an increase in a

security deposit.

Trust account

44(1) A landlord shall

 

(a) deposit each security deposit consisting of money received

by the landlord into an interest-bearing trust account at a

bank, treasury branch, credit union or trust corporation in

Alberta within 2 banking days after receiving the deposit,

and

 

(b) ensure that the security deposit remains in trust until it is

disposed of in accordance with this Act and the regulations.

 

(2) A landlord is the trustee of the money in a trust account on

behalf of the tenant who paid it or, if the tenant has assigned the

residential tenancy agreement with the consent of the landlord

under section 22, the assignee.

 

(3) A landlord shall deposit only money that is a security deposit

in the trust account.

 

(4) Money in the trust account is subject to this Act and the

regulations and to the provisions of the residential tenancy

agreement respecting security deposits that are not in conflict with

this Act or the regulations.

 

(5) A landlord shall

 

(a) keep security deposit records that show with respect to each

tenant

 

(i) the date of receipt of a security deposit by the landlord

and the amount of the security deposit,

 

(ii) the date on which the security deposit was deposited in a

financial institution and the name and location of the

financial institution,

 

(iii) particulars of the interest payable and paid to the tenant,

and

 

(iv) particulars of the disposition of the security deposit

under section 46, including the manner in which the

security deposit or part of it was delivered to the tenant,

 

and

 

(b) make the security deposit records available for inspection by

the Director or an authorized person for the purposes of an

inspection or investigation under Part 6.

 

(6) A landlord shall keep security deposit records under subsection

(5) for at least 3 years after the expiration or termination of the

tenancy to which they relate.

Interest on security deposit

45(1) Subject to subsection (2), a landlord shall pay annually to

the tenant interest calculated at the prescribed rate on a security

deposit consisting of money.

 

(2) If a security deposit consists of money, a tenant and the

tenant’s landlord may agree in writing that the interest on the

security deposit shall not be paid annually and in that case the

interest shall be compounded annually and be paid to the tenant on

the expiration or termination of the tenancy.

 

(3) A landlord is entitled to retain any interest and profit resulting

from the investment of a security deposit in excess of the amount

of interest payable to the tenant under this section.

 

(4) If a landlord and tenant agree that interest is to be payable

under this section at a rate higher than the rate prescribed pursuant

to this section, subsections (1), (2) and (3) are deemed to refer to

the higher rate.

 

Return of security deposit

46(1) In this section,

 

(a) “deliver” means to deliver by personal service or send by

regular mail or registered mail;

 

(b) “normal wear and tear” in respect of residential premises

means the deterioration that occurs over time with the use of

the premises even though the premises receive reasonable

care and maintenance;

 

(c) “security deposit” includes any amount owing to the tenant

as interest under section 45 at the time of the expiration or

termination of the tenancy.

 

(2) A landlord who holds a security deposit shall, within 10 days

after the day on which the tenant gives up possession of the

residential premises,

 

(a) deliver the security deposit to the tenant,

 

(b) if all or part of the security deposit has been deducted in

accordance with the conditions agreed to by the tenant,

deliver to the tenant the balance of the deposit, if any, and a

statement of account showing the amount of the deposit

used, or

 

(c) if the landlord is entitled to make a deduction from the

security deposit in accordance with the conditions agreed to

by the tenant but is unable to determine the correct amount

of the deduction, deliver to the tenant the balance of the

deposit, if any, that the landlord does not intend to use and

an estimated statement of account of the anticipated

deduction and, within 30 days after the day on which the

tenant gives up possession of the residential premises,

deliver to the tenant the remaining balance of the deposit, if

any, and a final statement of account.

 

(3) If a landlord fails to return all or part of a security deposit to a

tenant in accordance with subsection (2), then, whether or not a

statement of account was delivered to the tenant, the tenant may

commence an action in a court to recover the whole of the deposit

or that part of the deposit to which the tenant claims to be entitled.

 

(4) In proceedings taken under subsection (3), the court

 

(a) shall determine the amounts, if any, that the landlord is

entitled to deduct from the security deposit in accordance

with the conditions agreed to by the tenant, and

 

(b) if the deductions so determined are less than the amount of

the deposit, shall give judgment in favour of the tenant for

the balance.

 

(5) No deduction may be made from a tenant’s security deposit for

normal wear and tear to the residential premises during the period

of the tenant’s tenancy.

 

(6) A landlord shall not make a deduction from a tenant’s security

deposit for damages to the residential premises unless the

requirements respecting inspection reports under section 19 have

been met.

2004 cR-17.1 s46;2005 c32 s4;2016 c18 s17

 

Obligations and rights of new landlord

47(1) A person who acquires the interest of a landlord in

residential premises has the rights and is subject to the obligations

of the previous landlord with respect to a security deposit paid to

the previous landlord in respect of the residential premises.

 

(2) A person who acquires the interest of a landlord in residential

premises shall, within a reasonable time after acquiring the interest

and without cost to the tenant, serve on the tenant

 

(a) a notice of landlord that meets the requirements of section

18, and

 

(b) a statement setting out the amount of the security deposit

and interest, calculated in accordance with the regulations,

standing to the tenant’s credit as of the date the person

acquired the interest in the residential premises.

Part 4.1 - Victims of Domestic Violence

Definition

47.1 In this Part, except in section 47.3, “court” includes any

court of competent jurisdiction.

2015 c20 s4

 

Domestic violence

47.2(1) For the purposes of this Part, domestic violence occurs

when a person, that person’s dependent child or a protected adult

who lives with that person is subjected to any of the acts or

omissions listed in subsection (2) by another person who

(a) is or has been married to that person, is or has been an adult

interdependent partner of that person or is residing or has

resided together with that person in an intimate relationship,

 

(b) is or has been in a dating relationship with that person,

regardless of whether they have lived together at any time,

 

(c) is the biological or adoptive parent of one or more children

with that person, regardless of their marital status or

whether they have lived together at any time,

 

(d) is related to that person by blood, marriage or adoption or

by virtue of an adult interdependent relationship, regardless

of whether they have lived together at any time, or

 

(e) resides with that person and has care and custody over that

person pursuant to an order of a court.

 

(2) The following acts and omissions constitute domestic violence

for the purposes of this Part:

 

(a) any intentional or reckless act or omission that causes injury

or property damage and that intimidates or harms a person;

 

(b) any act or threatened act that intimidates a person by

creating a reasonable fear of property damage or injury to a

person;

 

(c) conduct that reasonably, in all circumstances, constitutes

psychological or emotional abuse;

 

(d) forced confinement;

 

(e) sexual contact of any kind that is coerced by force or threat

of force;

 

(f) stalking.

2015 c20 s4

 

Termination of tenancy for domestic violence

47.3(1) A tenant may terminate a tenancy by giving notice in

accordance with subsection (2) if, because of domestic violence,

the tenant believes that his or her own safety, that of a dependent

child of the tenant or of a protected adult who lives with the tenant

is at risk if the tenancy continues.

 

(2) To terminate a tenancy under subsection (1), the tenant shall

serve the landlord with

 

(a) a notice at least 28 days before the day that the tenancy is to

terminate, and

 

(b) a certificate in the prescribed form signed by the designated

authority confirming that there are grounds for terminating

the tenancy.

 

(3) A notice to terminate under this section must

 

(a) be in writing,

 

(b) be signed by the tenant,

 

(c) set out the termination date, and

 

(d) be given no later than 90 days after the date on which the

certificate under subsection (2)(b) is issued.

 

(4) If notice to terminate a tenancy is given under this section,

 

(a) the tenant shall be responsible for payment of rent only for

the period of notice provided under subsection (2)(a) and

any rent payable during the relevant rent payment period or

periods shall be prorated if necessary,

 

(b) the tenant shall not be subject to any penalty under the

residential tenancy agreement that would be due only

because of early termination of the agreement, and

 

(c) on the request of the tenant, the landlord shall apply a

security deposit paid in respect of the residential premises in

payment of the rent during the notice period provided under

subsection (2)(a).

 

(5) Where a tenancy is terminated under this section, the tenancy is

terminated for all the tenants in the same residential premises but,

for greater certainty, the other tenants and the landlord may agree

to enter into a new landlord and tenant relationship.

 

(6) In a case where a tenancy is held by more than one tenant, the

designated authority may require a tenant to advise the designated

authority when notice under this section is served so that the

designated authority may, in coordination with the landlord, take

steps to notify the other tenants that the tenancy will terminate.

 

(7) A landlord may apply to a court to set aside a notice given

under this section only on the ground that the notice to terminate

and the certificate were not properly served on the landlord.

 

(8) An application under subsection (7) must be made prior to the

expiry of the period of notice under subsection (2)(a) and must be

supported by an affidavit setting out a copy of the notice to

terminate and certificate received by the landlord, if any, and the

time, date and manner in which they were received.

2015 c20 s4

 

Application for a certificate

47.4(1) Where a tenant in a residential tenancy agreement is a

victim of domestic violence, the tenant or person on behalf of the

tenant and with the tenant’s consent may apply to the designated

authority, in the form and manner and including the information

required by the designated authority, for a certificate confirming

that one of the grounds to issue a certificate under subsection (2)

has been established.

 

(2) The designated authority may issue a certificate to a tenant for

the purposes of section 47.3 if

 

(a) the designated authority has received from the tenant

 

(i) a copy of an emergency protection order or Queen’s

Bench protection order granted under the Protection

Against Family Violence Act, a restraining order, a peace

bond or other court order that is in place to prevent a

person described in section 47.2(1) from contacting or

communicating with that tenant, or

 

(ii) a statement from a person described in subsection (4)

acting in his or her professional capacity indicating that

person’s opinion that the tenant has been the subject of

domestic violence,

 

and

 

(b) after having completed an assessment, the designated

authority is satisfied that there is a risk to the safety of the

tenant, the tenant’s dependent child or a protected adult who

lives with the tenant if the tenancy continues.

 

(3) The designated authority shall, within 7 days of receiving an

application under subsection (1), either issue a certificate under

subsection (2) or advise the tenant or the person who applied on

behalf of the tenant that the certificate will not be issued.

 

(4) The following persons may provide a statement in accordance

with subsection 2(a)(ii):

 

(a) a regulated member of the

 

(i) College of Physicians and Surgeons of Alberta,

 

(ii) College and Association of Registered Nurses of

Alberta,

 

(iii) Alberta College of Social Workers,

 

(iv) College of Alberta Psychologists, or

 

(v) College of Registered Psychiatric Nurses of Alberta;

 

(b) a police officer or a member of the Royal Canadian

Mounted Police;

 

(c) an individual employed

 

(i) by an agency or organization to assist individuals for

whom the agency or organization provides

accommodation in an emergency or transitional shelter

because of homelessness or abuse, or

 

(ii) to provide support initiatives for victims of crime

 

if that individual is authorized by his or her employer to

provide statements under this section;

 

(d) any other person or member of a class of persons prescribed

by the regulations.

 

(5) No action or proceeding may be brought against a person in

respect of a statement made under subsection (2)(a)(ii) if that

statement was made in good faith.

2015 c20 s4

 

Designated authority

47.5(1) The Minister may, in accordance with the regulations,

appoint a person to act as the designated authority under this Act.

 

(2) The designated authority may delegate to any person any

power, duty or function of the designated authority under this Part

except the power to delegate under this section.

 

(3) A delegation under subsection (2) must be in writing and may

contain any conditions or restrictions the designated authority

considers appropriate.

 

(4) The designated authority may, in accordance with the

regulations, make inquiries, collect information and take any other

action necessary to carry out the designated authority’s powers,

duties and functions under this Part.

 

(5) Subject to subsection (6), a decision by the designated

authority to issue or refuse to issue a certificate under section 47.4

is final and not subject to review or appeal.

 

(6) A tenant who is refused a certificate under section 47.4 may

reapply for a certificate if there is a change in circumstances.

2015 c20 s4

 

Designated authority not compellable

47.6 The designated authority and any person who provides a

statement in accordance with section 47.4(2)(a)(ii) cannot be

compelled in a court or other proceeding, including a proceeding

before the Residential Tenancy Dispute Resolution Service

established by regulations made under section 54.7, to

 

(a) give evidence about information obtained for the purpose of

this Part, or

 

(b) produce any document or thing obtained for the purpose of

this Part.

2015 c20 s4

 

Requirement for confidentiality

47.7 A landlord shall ensure that any information received under

this Part from or about a tenant who is a victim of domestic

violence is kept confidential unless the landlord is authorized by

the regulations to disclose that information.

2015 c20 s4

 

 
 
 
Part 5 - The Provincial Court

Jurisdiction

48(1) The Provincial Court has the jurisdiction to grant any

remedy or relief under this Act other than

 

(a) giving a judgment for debt or damages in excess of the

amount prescribed under the Provincial Court Act, or

 

(b) granting a remedy or relief required by this Act to be

granted in the Court of Queen’s Bench.

 

(2) Nothing in this Part prohibits a landlord or a tenant from

proceeding under this Act in the Court of Queen’s Bench.

 

Application of Provincial Court Act

49 The Provincial Court Act and the regulations made under that

Act, to the extent they are not changed by or provided for in this

Act or the regulations under this Act, apply to proceedings before

the Provincial Court and to appeals from decisions of the

Provincial Court.

Commencement of application

50(1) A person wishing to commence an application in the

Provincial Court shall file with a clerk of the Provincial Court

 

(a) a written notice identifying the residential premises in

respect of which the application is being commenced and

setting out the remedy being applied for, and

 

(b) an affidavit referred to in section 26(2) or 37(2), as the case

may be.

 

(2) No application may be accepted by a clerk for filing under

subsection (1) except in accordance with section 54.4.

2004 cR-17.1 s50;2005 c46 s2

 

Notice of application

51(1) On a notice and an affidavit being filed under section 50, a

clerk of the Provincial Court shall issue a notice of application

stating the time and place at which the application will be heard.

 

(2) A copy of the notice and the affidavit filed under section 50

must be attached to and form a part of the notice of application

issued by a clerk of the Provincial Court.

Hearing of application

52 On the notice of application issued under section 51 and the

documents attached to it being served on the other party to the

application, the Provincial Court shall hear the matter in

accordance with Part 3.

Appeal

53(1) A party to an order made by the Provincial Court may,

within 30 days after the order being entered under section 54 and

served, appeal the order to the Court of Queen’s Bench by way of

an application.

 

(2) The party commencing an appeal under this section shall file

with the Court of Queen’s Bench copies of

 

(a) all notices, documents and affidavits filed in the Provincial

Court in respect of the application made in the Provincial

Court, and

 

(b) the order being appealed.

 

(3) The application and copies of the notices, documents and

affidavits filed with the Court of Queen’s Bench under subsection

(2) must be served on the other parties to the action at least 3 days,

exclusive of holidays and Saturdays, before the day named in the

application for the hearing of the application.

 

(4) On hearing the matter, the Court of Queen’s Bench may make

any order it could have made had the application for the order

being appealed from been commenced in the Court of Queen’s

Bench instead of in the Provincial Court.

 

(5) The commencement of an appeal under this section does not

stay the order being appealed except as directed by the Court of

Queen’s Bench.

2004 cR-17.1 s53;2009 c53 s163

 

Enforcement of order

54(1) An order made by the Provincial Court may be entered in

the Court of Queen’s Bench and on being so entered it is

enforceable in the same manner as an order of the Court of Queen’s

Bench.

 

(2) An order made by the Provincial Court does not take effect

until it is entered under subsection (1) and served under section 57

or as directed by the Provincial Court on the other parties to the

application by the party entering the order.

Part 5.1 - Residential Tenancy Dispute
Resolution Service

Definitions

54.1 In this Part,

 

(a) “Dispute Resolution Service” means the Residential

Tenancy Dispute Resolution Service established by the

regulations;

 

(b) “regulations” means regulations made under section 54.7;

 

(c) “remedy” means any order, judgment, damages,

compensation or other relief provided for in this Act.

2005 c46 s3

Right to apply to Dispute Resolution Service

54.2(1) Where a landlord has a dispute with a tenant and has a

right to apply to a court under Part 3 or Part 4.1 for a remedy, the

landlord may apply to the Dispute Resolution Service instead of the

court for the remedy.

 

(2) Where a tenant has a dispute with a landlord and has a right to

apply to a court under Part 3 or to commence an action in a court

under Part 4 for a remedy, the tenant may apply to the Dispute

Resolution Service instead of the court for the remedy.

 

(3) No application may be made to the Dispute Resolution Service

if an application to a court has been filed with the clerk of that

court by either party to the dispute

 

(a) for the remedy sought under subsection (1) or (2), or

 

(b) for any other remedy that is available under Part 3 or 4 to

resolve a related dispute between the parties,

 

unless the application to the court is first withdrawn.

2005 c46 s3;2015 c20 s5

 

(NOTE: Section 6 of the Residential Tenancies (Safer Spaces for

Victims of Domestic Violence) Amendment Act, 2015 (SA 2015

c20) purports to change the reference to “Part 3 or 4” in

subsection (3)(b) to “Part 3, Part 4 or Part 4.1”. Because of a

defect in the amending formula, the change could not be made.)

Effect of application to Dispute Resolution Service

54.3(1) A landlord’s application to the Dispute Resolution Service

for a remedy binds the tenant in respect of whom the remedy is

sought to the choice of that forum.

 

(2) A tenant’s application to the Dispute Resolution Service for a

remedy binds the landlord in respect of whom the remedy is sought

to the choice of that forum.

 

(3) Where an application has been filed with the Dispute

Resolution Service by one party to a dispute, no application may be

made to a court by either party to the dispute

 

(a) for the remedy sought under section 54.2(1) or (2), or

 

(b) for any remedy that is available under Part 3 or 4 to resolve

a related dispute between the parties,

 

unless the application to the Dispute Resolution Service is first

withdrawn.

2005 c46 s3

 

(NOTE: Section 6 of the Residential Tenancies (Safer Spaces for

Victims of Domestic Violence) Amendment Act, 2015 (SA 2015

c20) purports to change the reference to “Part 3 or 4” in

subsection (3)(b) to “Part 3, Part 4 or Part 4.1”. Because of a

defect in the amending formula, the change could not be made.)

Review before filing with a court

54.4(1) Before any application to a court for a remedy to a dispute

under Part 3 or 4 may be filed by a clerk of a court, the clerk shall,

in accordance with the process set out in the regulations, determine

whether an application has been filed with the Dispute Resolution

Service

 

(a) for the remedy applied for in the application to the court, or

 

(b) for any other remedy that is available under Part 3 or 4 to

resolve a related dispute between the parties to the

application to the court.

 

(2) Where the process referred to in subsection (1) discloses that

an application, as described in subsection (1), has been filed with

the Dispute Resolution Service, the application to the court shall

not be filed except as provided in the regulations.

 

(3) Where, on the same day,

 

(a) a clerk of a court files an application made by one of the

parties to a dispute for a remedy under Part 3 or 4, and

 

(b) the Dispute Resolution Service files an application made by

the other party to the dispute for any other remedy that is

available under Part 3 or 4 to resolve a related dispute

between the parties,

 

the application filed with the clerk of the court shall be proceeded

with and the application to the Dispute Resolution Service shall be

discontinued.

2005 c46 s3

 

(NOTE: Section 6 of the Residential Tenancies (Safer Spaces for

Victims of Domestic Violence) Amendment Act, 2015 (SA 2015

c20) purports to change the reference to “Part 3 or 4” in

subsection (1) and subsection (3)(a) and (b) to “Part 3, Part 4 or

Part 4.1”. Because of a defect in the amending formula, the change

could not be made.)

 

Authority of Dispute Resolution Service

54.5 The Dispute Resolution Service has the authority to order

remedies in accordance with the regulations.

2005 c46 s3

 

Application, proceedings and decision to be in

accordance with regulations

54.6(1) An application to the Dispute Resolution Service must be

made in accordance with the regulations.

 

(2) The Dispute Resolution Service must conduct all proceedings

and decide all applications to it

 

(a) in accordance with and subject to any limitations and

restrictions set out in the regulations, and

 

(b) in accordance with the rules of practice and procedure and

the code of conduct established pursuant to the regulations.

 

(3) The Dispute Resolution Service must refer to a court an

application, dispute or issue that is, in accordance with the

regulations, required to be referred to a court.

 

(4) The Dispute Resolution Service may, in any of the

circumstances provided for in the regulations,

 

(a) refuse to accept an application to the Dispute Resolution

Service, and

 

(b) refer an application to the Dispute Resolution Service to a

court.

2005 c46 s3

 

Regulations

54.7 The Lieutenant Governor in Council may make regulations

respecting the establishment of an alternative dispute resolution

mechanism for the purpose of resolving disputes arising in respect

of matters under this Act, including, without limitation, regulations

 

(a) respecting the establishment of the Residential Tenancy

Dispute Resolution Service and the appointment of an

administrator, tenancy dispute officers and any other

employees required for the administration of the Dispute

Resolution Service;

 

(b) respecting the process to be followed by a clerk of a court

for the purposes of section 54.4;

 

(c) respecting applications to the Dispute Resolution Service,

including applications that include a claim for damages,

 

compensation or other relief that exceeds the amount

prescribed by regulations for the purposes of section 9.6(1)

of the Provincial Court Act;

 

(d) respecting the kinds of applications, disputes and issues that

are required to be referred to a court by the Dispute

Resolution Service;

 

(e) respecting the circumstances in which the Dispute

Resolution Service

 

(i) may refuse to accept an application to the Service, or

 

(ii) may refer to a court an application to the Service;

 

(f) respecting the proceedings before the Dispute Resolution

Service and the establishment of rules of practice and

procedure governing those proceedings;

 

(g) respecting the establishment of a code of conduct for

tenancy dispute officers;

 

(h) respecting the powers and duties of tenancy dispute officers;

 

(i) respecting the matters that tenancy dispute officers may or

must consider when dealing with a dispute;

 

(j) respecting the remedies that the Dispute Resolution Service

is authorized to order, including orders providing for costs;

 

(k) respecting limitations and restrictions on the Dispute

Resolution Service’s authority to order a remedy;

 

(l) respecting terms and conditions that may be included in an

order of the Dispute Resolution Service;

 

(m) respecting the effect of an order and how it may be

enforced, including regulations authorizing the order to be

filed in the Court of Queen’s Bench and, on filing, to be

enforced as an order of that court;

 

(n) respecting the appeal of an order to the Court of Queen’s

Bench on a question of law or jurisdiction;

 

(o) respecting the fees that may be charged by the Dispute

Resolution Service and providing for the waiver of any fee;

 

(p) respecting forms for the purposes of this Part and providing

for their use;

(q) respecting the service of notices, documents or orders;

 

(r) defining, for the purposes of this Part and the regulations

made under this Part, any word or phrase that is used in this

Part but is not defined;

 

(s) respecting any matter or thing that the Minister considers

necessary or appropriate to carry out the intent and purposes

of this Part.

2005 c46 s3

 

Application of this Part

54.8(1) This Part applies

 

(a) only in the geographic region of the Province, and

 

(b) only for the period of time

 

specified by an order of the Lieutenant Governor in Council.

 

(2) The Lieutenant Governor in Council may, by order,

 

(a) extend or shorten the period of time specified under

subsection (1)(b),

 

(b) suspend the operation of the Dispute Resolution Service,

and

 

(c) end a suspension referred to in clause (b).

 

(3) If the operation of the Dispute Resolution Service is suspended

by an order under subsection (2), the transitional rules necessary to

address incompleted hearings, pending applications and all related

matters must be set out in the order.

2005 c46 s3;2009 c53 s163

 

Part 6 - General

Appointment of Director

55 In accordance with the Public Service Act there may be

appointed a Director of Residential Tenancies and any other

officers and employees required for the administration of this Act.

Delegation

56 The Director may delegate any of the Director’s powers, duties

or functions under this Act and the regulations to any person and

may authorize that person to further delegate the power, duty or

function.

 

Service of notices, etc.

57(1) Subject to this section, a notice, order or document under

this Act must be served personally or by registered mail.

 

(2) For the purpose of service by registered mail,

 

(a) a tenant’s address is the address of the residential premises

rented by the tenant, and

 

(b) a landlord’s address is the address at which rent is payable

or the address in the notice of landlord served or posted

under section 18 or 47(2).

 

(3) If a landlord is unable to effect service on a tenant by reason of

the tenant’s absence from the premises or by reason of the tenant’s

evading service, service may be effected

 

(a) on any adult person who apparently resides with the tenant,

or

 

(b) by posting the notice, order or document in a conspicuous

place on some part of the premises.

 

(4) If a landlord is unable to effect service on a person referred to

in section 33 or 36 by reason of the person’s absence from the

premises or by reason of the person’s evading service, service may

be effected by posting the notice in a conspicuous place on some

part of the premises.

 

(5) If a landlord is unable to effect service on a tenant or a person

referred to in section 33 or 36 by any means referred to in

subsections (1) to (4) or if a tenant is unable to effect service on the

landlord personally or by registered mail, the landlord or tenant

may effect service of the notice, order or document by sending it by

electronic means that will result in a printed copy of the notice,

order or document being received by an electronic device that is

situated in the residential premises or at the landlord’s address, as

the case may be.

 

(6) This section does not apply to service governed by the rules or

practice of a court.

 

(7) If a landlord or tenant is a corporation, a notice, order or

document may be served in the manner permitted under section

308 of the Companies Act, section 347 of the Cooperatives Act

or section 256 of the Business Corporations Act, as the case may

be.

2004 cR-17.1 s57;2016 c18 s17

Satisfaction of service requirement

58(1) A requirement under this Act to give or serve a notice, order

or document to or on the landlord of residential premises is

satisfied if the notice, order or document is given to or served on

one person who falls within the definition of landlord of those

premises.

 

(2) A requirement under this Act to give or serve a notice, order or

document to or on the tenant of residential premises is satisfied if

the notice, order or document is given to or served on one adult

person who falls within the definition of tenant of those premises.

Landlord and Tenant Advisory Boards

59(1) A council may by bylaw establish a Landlord and Tenant

Advisory Board and provide for the remuneration of its members

and any other matters pertaining to its procedures or incidental to

the exercise of its functions.

 

(2) The functions of a Landlord and Tenant Advisory Board are as

follows:

 

(a) to advise landlords and tenants in tenancy matters;

 

(b) to receive complaints and seek to mediate disputes between

landlords and tenants;

 

(c) to disseminate information for the purpose of educating and

advising landlords and tenants concerning rental practices,

rights and remedies;

 

(d) to receive and investigate complaints of conduct in

contravention of legislation governing tenancies.

Offences and penalties

60(1) A person who contravenes

 

(a) section 18, 19(6), 23, 24, 25, 31(13) or (14), 43, 44(1), (3),

(5) or (6), 45, 46(2) or (6), or 47.7 or this Act as described

in section 6(2), or

 

(b) a provision of the regulations referred to in section 69(1)(b)

or 70(1)(l),

 

is guilty of an offence and liable to a fine of not more than $5000.

 

(1.1) A landlord who fails to give the minimum required period of

notice under section 12 is guilty of an offence and liable to a fine of

not more than $10 000.

(2) Where a corporation is convicted of an offence, every officer,

director, employee or agent of the corporation who authorized the

commission of the offence or assented to it or acquiesced or

participated in it is also guilty of an offence and is liable to the

penalty provided for in subsection (1) or (1.1).

 

(3) A justice who convicts a landlord of contravening section 46(2)

or (6) may, on the application of a tenant who is entitled to all or

part of a security deposit, order the landlord to pay to the tenant the

whole or part of the security deposit together with interest

calculated under section 45.

 

(4) Where a landlord is convicted of contravening a provision

referred to in subsection (1) or (1.1) and the justice considers that

the landlord has wrongfully withheld prepaid rent paid by the

tenant, the justice may order the landlord to pay all or part of that

prepaid rent to the tenant.

 

(5) If an amount that is ordered to be paid under subsection (3) or

(4) is not paid within the time ordered by the justice, the tenant or

other person in whose favour the order was made may, by filing the

order, enter as a judgment in the Court of Queen’s Bench the

amount ordered to be paid, and that judgment is enforceable against

the landlord in the same manner as if it were a judgment rendered

against the landlord in the Court of Queen’s Bench in civil

proceedings.

2004 cR-17.1 s60;2007 c11 s1;2015 c20 s7

 

Limitation period

61 No proceedings may be instituted under section 60 more than

3 years after the time when the alleged offence occurred.

Authorized person

62 In sections 63 to 67, “authorized person” means a person to

whom the Director has, under section 56, delegated the Director’s

powers, duties or functions under those sections.

Identification

63 The Director or an authorized person who enters any place

under the authority of sections 64 to 67 must, on request,

 

(a) produce a document that identifies the person as the

Director or an authorized person, and

 

(b) explain the purpose for entering the place.

 

Inspection

64(1) The Director or an authorized person may enter the business

premises of a landlord at any reasonable time to conduct an

inspection to determine if there is compliance with this Act and the

regulations.

 

(2) If the Director or authorized person has reasonable grounds to

believe that

 

(a) books, records, documents or other things of a landlord are

located in another person’s business premises, and

 

(b) those books, records, documents or other things are relevant

to determine if there is compliance with this Act or the

regulations,

 

the Director or authorized person may enter those other business

premises at any reasonable time.

 

(3) The Director or authorized person may, in the course of an

inspection, request an employee or agent of the landlord at the

business premises referred to in subsection (1) or (2)

 

(a) to give written or oral replies to questions,

 

(b) to produce any books, records, documents or other things

and to provide copies of them, and

 

(c) to provide any other information

 

to determine if there is compliance with this Act and the

regulations.

 

(4) The Director or authorized person may in the course of an

inspection inspect, examine and make copies of or temporarily

remove books, records or documents or other things that are

relevant to determine if there is compliance with this Act and the

regulations.

 

(5) When the Director or authorized person removes any books,

records, documents or other things under subsection (4), the

Director or authorized person

 

(a) must give a receipt for them to the person from whom they

were taken,

 

(b) may make copies of, take photographs of or otherwise

record them, and

(c) must, within a reasonable time, return them to the person to

whom the receipt was given.

 

(6) A landlord and any employee or agent of the landlord must

co-operate with the Director or an authorized person acting under

the authority of this section.

Order compelling assistance in inspections

65(1) For the purpose of enabling the Director or an authorized

person to conduct an inspection to determine if there is compliance

with this Act and the regulations, the Director may apply to the

Court of Queen’s Bench for an order

 

(a) compelling a landlord or an employee or agent of a landlord

to allow the Director or an authorized person to enter the

business premises, private dwelling or other place occupied

or controlled by the landlord, employee or agent and

requiring the landlord, employee or agent to produce for

examination books, records, documents or other things

relevant to the inspection;

 

(b) authorizing the Director or authorized person to copy or

remove the books, records, documents or other things on

any terms that the Court considers appropriate;

 

(c) requiring a landlord or an employee or agent of a landlord to

co-operate with the inspection on any terms that the Court

considers appropriate.

 

(2) The Court of Queen’s Bench may grant an order under

subsection (1) if satisfied on evidence under oath by the Director

that there are reasonable grounds to believe that

 

(a) the inspection is reasonable,

 

(b) the landlord, agent or employee of the landlord has not co-

operated or likely will not co-operate with the inspection,

and

 

(c) the order is appropriate in the circumstances.

 

(3) An application under this section may be made ex parte if the

Court of Queen’s Bench considers it proper to do so.

Investigation

66(1) The Director or an authorized person who has reasonable

grounds to believe that a person has committed an offence under

this Act or the regulations may, after explaining to the person or to

the person’s agent that the Director or authorized person wishes to

enter the person’s business premises for the purposes of carrying

out an investigation, request permission to enter the business

premises.

 

(2) If a person permits the Director or authorized person to enter

business premises for the purposes of an investigation, the Director

or authorized person may, with the permission of the person,

inspect, examine and make copies of or temporarily remove books,

records, documents or other things that are relevant to determine if

an offence has been committed under this Act or the regulations.

 

(3) When the Director or authorized person removes any books,

records, documents or other things under subsection (2), the

Director or authorized person

 

(a) must give a receipt for them to the person from whom they

were taken,

 

(b) may make copies of, take photographs of or otherwise

record them,

 

(c) must, within a reasonable time, return anything that has

been copied to the person to whom the receipt was given,

and

 

(d) must return everything else that was removed to the person

to whom the receipt was given within a reasonable time

after the investigation and any prosecution resulting from

the investigation are concluded.

Order compelling assistance in investigations

67(1) For the purpose of determining if an offence has been

committed under this Act or the regulations, the Director may

apply to the Court of Queen’s Bench for an order

 

(a) compelling a person to allow the Director or an authorized

person to enter the person’s business premises, private

dwelling or other place occupied or controlled by the person

and requiring the person to produce for examination the

person’s books, records, documents or other things relevant

to the investigation;

 

(b) authorizing the Director or an authorized person to copy or

remove the books, records, documents or other things on

any terms that the Court considers appropriate;

 

(c) requiring a person to co-operate with the investigation on

any terms that the Court considers appropriate.

 

(2) The Court of Queen’s Bench may grant an order under

subsection (1) if satisfied on evidence under oath by the Director

that there are reasonable grounds to believe that

 

(a) an offence under this Act or the regulations has been

committed, and

 

(b) the order is appropriate in the circumstances.

 

(3) An application under this section may be made ex parte if the

Court of Queen’s Bench considers it proper to do so.

Lieutenant Governor in Council regulations

68 The Lieutenant Governor in Council may make regulations

 

(a) governing the practice and procedures in matters before the

Provincial Court under this Act;

 

(b) respecting the rate of interest under section 45(1);

 

(c) prescribing that any class of residential premises is exempt

from the operation of all or any of the provisions of this Act

or the regulations;

 

(d) defining, for the purposes of this Act and the regulations,

any term that is used in this Act but is not defined;

 

(e) setting out the grounds on which the Banff Housing

Corporation may refuse to give its consent to the assignment

or sublease of a residential tenancy agreement described in

section 22(3);

 

(f) respecting statements confirming domestic violence under

section 47.4(2)(a)(ii), including any requirements

concerning their form and content;

 

(g) prescribing persons who can make statements confirming

domestic violence under section 47.4(4)(d);

 

(h) respecting the appointment of the designated authority under

section 47.5(1);

 

(i) respecting the powers, duties and functions of the

designated authority appointed under section 47.5(1);

 

(j) prescribing circumstances under section 47.7 in which a

landlord may disclose information about a tenant.

2004 cR-17.1 s68;2015 c20 s8

 

Subsidized public housing regulations

69(1) The Lieutenant Governor in Council may make regulations

 

(a) respecting rent, security deposits and the termination of

tenancies for subsidized public housing;

 

(b) prescribing, with respect to any provision of the regulations

under clause (a), that contravention of the provision

constitutes an offence.

 

(2) The regulations made under subsection (1) may have the effect

of modifying or making inapplicable Parts 1 to 4 of this Act with

respect to subsidized public housing.

Ministerial regulations

70(1) The Minister may make regulations

 

(a) establishing forms that may be used by landlords and

tenants for leases, inspection reports, notices of default and

other documents under this Act;

 

(a.1) prescribing the maximum period of time after a default

within which a landlord may serve a tenant with a notice of

default and the minimum period of notice that must be

provided in the notice of default within which the tenant

must vacate the residential premises;

 

(b) prescribing the reasons for which a landlord may terminate a

periodic tenancy under Part 1;

 

(c) prescribing the minimum amount of time between increases

in rent for periodic tenancies and for fixed term tenancies;

 

(c.1) modifying any period of notice required by section 7, 8, 9,

11, 12 or 14;

 

(d) prescribing or providing for the manner of determining

periods of notice for the purposes of section 11(b);

 

(e) prescribing the statements to be contained in inspection

reports and governing the signing of inspection reports for

the purposes of section 19;

 

(f) prescribing an amount for the purposes of section 31(2) and

(3);

 

(g) prescribing a period for the purposes of section 31(4);

 

(h) respecting the means of establishing the liabilities of a

tenant for the purposes of section 31(9);

 

(i) respecting trust accounts for security deposits;

 

(i.1) establishing the form of certificate for the purposes of

section 47.3(2)(b);

 

(j) respecting the circumstances under which landlords may

charge a fee or penalty for late payments of rent by tenants,

and prescribing the maximum amounts of such fees or

penalties or the manner in which they are calculated;

 

(k) repealed 2005 c46 s4;

 

(l) prescribing, with respect to any provision of the regulations

under this section, that contravention of the provision

constitutes an offence;

 

(m) providing with respect to any provision of this Act, other

than a provision referred to in section 60(1)(a) or (1.1), that

its contravention constitutes an offence and prescribing

penalties in respect of those offences;

 

(n) respecting any other matter considered necessary to carry

out the intent of this Act.

 

(2) A regulation made under this section may be made effective

with reference to a date before it is made.

 

(3) Notwithstanding section 3(5) of the Regulations Act, a person

is deemed to have notice of a regulation made under this section

when the regulation is filed with the registrar under the Regulations

Act.

2004 cR-17.1 s70;2005 c46 s4;2007 c11 s1;2011 c14 s25;

2015 c20 s9

 

Application to Court of Queen’s Bench

71 An application made under this Act to the Court of Queen’s

Bench must be made in accordance with the Alberta Rules of

Court.

2004 cR-17.1 s71;2009 c53 s163

 

Part 7 - Transitional Provisions, Repeal and Coming into Force

Transitional

72(1) Except to the extent that this Act provides otherwise, this

Act applies to tenancies under residential tenancy agreements made

before, on or after the coming into force of this Act.

 

(2) Nothing in this Act affects any notice given or proceeding

commenced under the predecessor of this Act before the coming

into force of this Act.

Repeal

73 The Residential Tenancies Act, RSA 2000 cR-17, is repealed.

Repeal

74 Section 11(a) is repealed on a date to be fixed by

Proclamation.

Coming into force

75 This Act comes into force on November 1, 2004.