Thank you, Mr. Speaker. Mr. Speaker, your Standing Committee on Social Programs is pleased to provide its Report on the Review of Bill 42: An Act to Amend the Residential Tenancies Act and commends it to the House.
Introduction
Bill 42, An Act to Amend the Residential Tenancies Act, makes substantial improvements to the Residential
Tenancies
Act.
The
Standing
Committee on Social Programs commends the Minister for presenting the bill. It is the result of extensive consultation with stakeholders and the public.
Bill 42 will amend the act in a number of ways, including: allowing decisions of the rental officer to be enforced as an order of the Supreme Court of the Northwest Territories; allowing for early termination of a tenancy where family violence has occurred; establishing that termination procedures for public housing apply to monthly tenancies; requiring landlords to provide rent receipts on request;
providing
a
remedy
for
improper
termination resulting from a notice of rent increase; and clarifying that a condominium corporation may make applications to the rental officer.
Bill 42 was referred to the committee on November 6, 2014. The public hearing was held on February 2, 2015, and the clause-by-clause review was held on March 9, 2015. During the clause-by-clause review, the committee passed two motions to amend the bill, with the Minister’s agreement. These amendments are discussed below.
The committee heard from 10 stakeholders, including the Northwest Territories rental officer and the deputy rental officer; the Northwest Territories Information and Privacy Commissioner; Northern Properties Real Estate Investment Trust; the Salvation Army; the Northwest Territories Human Rights Commission; and a handful of private citizens
and
community
advocates.
While
stakeholders indicated broad support for the bill, they also raised concerns. The remainder of this report addresses these concerns and recommends several courses of action. Enforceability of the Rental Officer’s Decisions
Public consultation on proposed amendments to the Residential Tenancies Act took place in 2013. One prominent theme was the act’s failure to adequately support the enforcement of orders of the rental officer. While the act allows for orders to be filed with the Territorial C
ourts, these courts lack
the broader enforcement powers of the Supreme Court of the Northwest Territories. Separate legal steps are often required if a landlord or tenant fails to obey an order filed with the Territorial Court. This results in additional work and delays.
The committee is pleased that Bill 42 will strengthen enforceability by allowing any decision of a rental officer, including an eviction order, to be filed with the Supreme Court of the Northwest Territories.
However, the committee urges the department to address the potential for increased costs by, first, creating a separate fee schedule for enforcement of rental officer orders and, second, ensuring that Supreme Court fees remain in line with existing Territorial Court fees.
Transitional Housing
The Residential Tenancies Act does not apply to certain types of accommodations, such as transitional housing, hotels and assisted-living units. In such arrangements, landlords and tenants do not have rights, obligations or protections under the act.
The committee found that stakeholders were divided in their views on transitional housing, including how to define it and whether to exempt it from the act.
The Salvation Army’s written
submission recommended an exemption for transitional housing. This would give transitional housing providers clear discretion to ban individuals who pose a safety risk. On the other hand, the rental officer and one community advocate argued
that transitional housing tenants should be protected just like market housing tenants. The community advocate further noted that facilities such as Bailey House and YWCA shelters charge substantial rent and use formal rental agreements, yet tenants must comply with very restrictive rules.
The committee subsequently asked the department to clarify its position on transitional housing. The department’s view was that transitional housing should be exempt from the act. It noted that subsection 6(2) effectively exempts transitional housing because it excludes shelters that house people
temporarily
and
housing
used
for
therapeutic or rehabilitative purposes. In other jurisdictions, the department continued, exemptions for transitional housing are common.
The department explained that transitional housing tenants who wish to seek redress can bring complaints to any of the following: the provider of the transitional housing; the Human Rights Commission; Members of the Legislative Assembly; the Minister responsible for funding the provider; or the Supreme Court of the Northwest Territories.
The department also advised against including a definition for transitional housing, providing three reasons: first, it would require further consultation with stakeholders; second, it may have unintended consequences such as reducing the level of support individuals now enjoy; and third, the act, in its current form, already effectively exempts transitional housing.
The committee ultimately determined that any amendments pertaining to transitional housing were outside the principle, or scope, of the bill. According to parliamentary convention, the committee is bound by the decision of the House in favour of the principle of the bill at second reading and is unable to amend the bill in a manner that is inconsistent or beyond the principle or scope of the bill.
However, the committee agreed to put forward three
recommended
actions
pertaining
to
transitional housing. First, the committee is urging the department to provide a definition for transitional housing in the next round of statutory amendments.
Second, the committee is urging the department to establish a definition for transitional housing under the regulations. As an interim measure, this would assist the rental officers in the course of their duties and eliminate ambiguity for transitional housing providers and the people they house.
Third, the committee is urging the department to provide protection for transitional housing tenants outside of the Residential Tenancies Act. The committee believes it is not fair that transitional housing tenants pay market rates, or close to market rates, and yet are not protected against
unreasonable restrictions on personal freedom and arbitrary evictions.
Mr. Speaker, at this time I would like to pass the report on to my colleague Mr. Dolynny.