Effective August 31 2015, Bill 42: An Act to Amend the Residential Tenancies Act introduces changes to the Residential Tenancies Act which may affect you as a landlord or tenant.
NEW: Application fees
You will now need to pay a fee to file an application with a Rental Officer. The fee for landlords is $100, and the fee for tenants is $20. If you live in subsidized public housing or if you are terminating a tenancy due to domestic violence, there is no fee.
Payment in person
Payment can be made in-person by bringing your completed application form and any related documentation to one of the following Financial Shared Services office locations:
|Fort Simpson||2nd Floor, Education Building|
|Fort Smith||182B McDougal Road|
|Norman Wells||#8 Town Square|
|Hay River||Suite 211, 62 Woodland Drive|
|Inuvik||3rd Floor, 106 Veterans Way|
|Yellowknife||3rd Floor, YK Centre|
Payment by mail
You can mail your application with a cheque or money order payable to Government of Northwest Territories directly to:
Payment by phone
You can make a credit card payment over the phone by calling 867-767-9174 ex.15208. You must then mail the application form and any related documentation to:
Financial Shared Services
Bag Services 1511
Yellowknife NT, X1A 2R3
Payment by e-Transfer
You can make an payment to the Government of Northwest Territories using online banking, and then mail your application along with a receipt or confirmation of payment to:
Financial Shared Services
Bag Services 1511
Yellowknife, NT X1A 2R3
Please contact your Financial Shared Services regional office for more information on how to use the online payment option.
NEW: Order enforcement by the Supreme Court
An order or decision of a Rental Officer can now be filed in the Supreme Court, allowing the court to enforce Rental Officer orders.
You need to wait 14 days after the order has been served for the appeal period to end before you can file your order in the Supreme Court Registry.
NEW: Termination due to domestic violence
If you have an Emergency Protection Order or other court order in place demonstrating that domestic violence has occurred, you may terminate a tenancy agreement.
The protection order must be in effect when you apply to terminate the tenancy. The Rental Officer will review the application and issue an order to terminate the tenancy if the application meets the necessary criteria.
The termination order must be given to the landlord no later than 30 days after it is issued. Once you give the landlord the order, you have 30 days to leave the rental unit.
NEW: Termination due to a rent increase
If you terminate your tenancy because of a rental increase and the same increase is not passed to the next tenant, you can seek compensation.
A notice of rent increase can serve as a notice of termination if you do not agree to pay the increased amount. A landlord must rent the property at the increased amount to a new tenant – if they don’t, the landlord is subject to a fine if they are convicted on summary conviction.
Previously, the Act did not include any potential compensation for a tenant who had terminated a tenancy in this way. Now, if a landlord does not increase the rent for a new tenant, you can apply to the Rental Officer for compensation.
If the Rental Officer determines that the landlord did not intend to increase the rent, they may make an order that requires the landlord to pay some or all of the moving expenses of a tenant to their new accommodation, and any additional reasonable expenses (including any increased rent the tenant is required to pay at their new accommodation for up to a 12 months).
NEW: Other changes
The bill also:
Reduces the period inspection reports must be kept by the landlord from 3 years to 18 months.
Clarifies that condominium corporations can make applications to the Rental Officer.
Requires landlords to provide rent receipts upon request.
Clarifies that termination by notice in subsidized public housing can apply to both first time and renewed tenancies.
Re-establishes a tenancy when a tenancy agreement between a public housing landlord and tenant has been terminated by the landlord’s notice and an application for an eviction order is denied by a Rental Officer.
Establishes a time limit of 3 years for filing Rental Officer orders with the Supreme Court Registry except for eviction orders, which must be filed within 6 months.
For more information about these changes or other questions regarding the Residential Tenancies Act, please contact the Rental Office.