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(Consolidated up to 53/2017)


Residential Tenancies Act


Table of Contents

                1      Application

                2      Termination of periodic tenancies

                3      Rent

                4      Security deposit

                5      Offence

                6      Repeal

                7      Expiry

                8      Coming into force


1   This Regulation applies only to

                               (a)    residential tenancy agreements in which the premises under the agreements are subsidized public housing, and

                              (b)    landlords and tenants under those agreements.

Termination of periodic tenancies

2   For the purposes of section 6 of the Act, a landlord may terminate a periodic tenancy for one or more of the following reasons:

                               (a)    the tenant is no longer eligible for subsidized public housing because the maximum income levels established under the residential tenancy agreement have been exceeded;

                              (b)    the tenant has not reported or has misreported income or other information required under the residential tenancy agreement;

                               (c)    the public funding for the program on which the subsidized public housing is based has been cancelled or will be cancelled when the notice period for terminating the tenancy has passed;

                              (d)    any of the reasons for terminating a periodic tenancy established in the Residential Tenancies Ministerial Regulation.


3(1)  In this section, “income of the tenant” means the income of the tenant, the tenant’s family or other persons living with the tenant, or a combination of those incomes, for a year, as adjusted in accordance with any applicable deductions made under section 1(3) of the Social Housing Accommodation Regulation (AR 244/94).

(2)  If a residential tenancy agreement provides that the tenant’s rent is calculated by multiplying a fixed percentage times the income of the tenant, section 14 of the Act and any regulation made in respect of that section apply only to an increase in rent under that agreement based on an increase in the fixed percentage.

Security deposit

4(1)  A landlord shall not require a tenant to provide a security deposit that is greater than

                               (a)    the amount the tenant is required to pay to the landlord for the first month under the residential tenancy agreement, or

                              (b)    the amount that would be payable for the first month under the residential tenancy agreement if rent were payable monthly.

(2)  Section 43(1) of the Act does not apply to a landlord and tenant under a residential tenancy agreement in which the premises under the agreement are subsidized public housing.


5   A person who contravenes section 4(1) is guilty of an offence and is liable to a fine of not more than $5000.


6   The Subsidized Public Housing Regulation (AR 228/92) is repealed.


7   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on March 31, 2020.

AR 191/2004 s7;42/2014;53/2017

Coming into force

8   This Regulation comes into force on November 1, 2004.