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What this Act does not apply to
4 This Act does not apply to
(a) living accommodation rented by a not for profit housing cooperative to a member of the cooperative,
(b) living accommodation owned or operated by an educational institution and provided by that institution to its students or employees,
(c) living accommodation in which the tenant shares bathroom or kitchen facilities with the owner of that accommodation,
(d) living accommodation included with premises that
(i) are primarily occupied for business purposes, and
(ii) are rented under a single agreement,
(e) living accommodation occupied as vacation or travel accommodation,
(f) living accommodation provided for emergency shelter or transitional housing,
(g) living accommodation
(i) in a community care facility under the Community Care and Assisted Living Act,
(ii) in a continuing care facility under the Continuing Care Act,
(iii) in a public or private hospital under the Hospital Act,
(iv) if designated under the Mental Health Act, in a Provincial mental health facility, an observation unit or a psychiatric unit,
(v) in a housing based health facility that provides hospitality support services and personal health care, or
(vi) that is made available in the course of providing rehabilitative or therapeutic treatment or services,
(h) living accommodation in a correctional institution,
(i) living accommodation rented under a tenancy agreement that has a term longer than 20 years,
(j) tenancy agreements to which the Manufactured Home Park Tenancy Act applies, or
(k) prescribed tenancy agreements, rental units or residential property.
This Act cannot be avoided
5 (1) Landlords and tenants may not avoid or contract out of this Act or the regulations.
(2) Any attempt to avoid or contract out of this Act or the regulations is of no effect.
Enforcing rights and obligations of landlords and tenants
6 (1) The rights, obligations and prohibitions established under this Act are enforceable between a landlord and tenant under a tenancy agreement.
(2) A landlord or tenant may make an application for dispute resolution if the landlord and tenant cannot resolve a dispute referred to in section 58 (1) [determining disputes].
(3) A term of a tenancy agreement is not enforceable if
(a) the term is inconsistent with this Act or the regulations,
(b) the term is unconscionable, or
(c) the term is not expressed in a manner that clearly communicates the rights and obligations under it.
Terminating or restricting services or facilities
27 (1) A landlord must not terminate or restrict a service or facility if
(a) the service or facility is essential to the tenant’s use of the rental unit as living accommodation, or
(b) providing the service or facility is a material term of the tenancy agreement.
(2) A landlord may terminate or restrict a service or facility, other than one referred to in subsection (1), if the landlord
(a) gives 30 days’ written notice, in the approved form, of the termination or restriction, and
(b) reduces the rent in an amount that is equivalent to the reduction in the value of the tenancy agreement resulting from the termination or restriction of the service or facility.
Assignment and subletting
34 (1) Unless the landlord consents in writing, a tenant must not assign a tenancy agreement or sublet a rental unit.
(2) If a fixed term tenancy agreement is for 6 months or more, the landlord must not unreasonably withhold the consent required under subsection (1).
(3) A landlord must not charge a tenant anything for considering, investigating or consenting to an assignment or sublease under this section.
41 A landlord must not increase rent except in accordance with this Part.
Timing and notice of rent increases
42 (1) A landlord must not impose a rent increase for at least 12 months after whichever of the following applies:
(a) if the tenant’s rent has not previously been increased, the date on which the tenant’s rent was first established under the tenancy agreement;
(b) if the tenant’s rent has previously been increased, the effective date of the last rent increase made in accordance with this Act.
(2) A landlord must give a tenant notice of a rent increase at least 3 months before the effective date of the increase.
(3) A notice of a rent increase must be in the approved form.
(4) If a landlord’s notice of a rent increase does not comply with subsections (1) and (2), the notice takes effect on the earliest date that does comply.
Amount of rent increase
43 (1) A landlord may impose a rent increase only up to the amount
(a) calculated in accordance with the regulations,
(b) ordered by the director on an application under subsection (3), or
(c) agreed to by the tenant in writing.
(2) A tenant may not make an application for dispute resolution to dispute a rent increase that complies with this Part.
(3) In the circumstances prescribed in the regulations, a landlord may request the director’s approval of a rent increase in an amount that is greater than the amount calculated under the regulations referred to in subsection (1) (a) by making an application for dispute resolution.
(4) [Repealed 2006-35-66.]
(5) If a landlord collects a rent increase that does not comply with this Part, the tenant may deduct the increase from rent or otherwise recover the increase.