Unit 7-6: Related legislation Flashcards
(23 cards)
Residential tenancy act (RTA)
Tenants who rent
Room/board house
Hotel/motel 6+ months
Employers renting to employees
NOT mobile home site, w/ landlord, business attached, student housing etc
Commercial/industrial
Lease agreements guided by common law, statute law, contract law
Residential tenancy agreement
If written, provide w/in 21 days
Tenant can withhold rent until copy received
If arranged by brokerage, must be in writing
Types of tenancies
Fixed term: end on specified date; no notice given; communication important still; if tenant stays w/ no agreement, and pays rent, changes to periodic
Periodic: weekly, monthly, yearly, auto renews w/out notice; requires notice to terminate
*If tenant won’t leave when supposed to becomes an overholding tenant
Disputes
Section 54 of act can use dispute resolution service
tenancy dispute officer hears case, decisions up to $25k
Security deposit
Returned w interest 10 days of termination of tenancy
Must maintain deposit records for 3 years after termination
Rent increases
Can increase rent one year from last increase; no cap on amount
notice in writing w/ effective date
weekly needs two weeks notice
monthly needs 3 months’ notice
yearly needs 90 days notice
Types of cooperatives
Retail, transportation, breeder, feeder, seed cleaning, grazing, marketing
Cooperatives Act
New generation coops
Business arrangements encouraging agricultural producers and processors to expand scope of operation to increase profit etc.
Governed by BOD elected by membership; hires management team
Multi-Stakeholder coops
Formed by individuals - customers, suppliers, investors, govt, etc.
For common goal
Only belong to one stakeholder group at same time
Health, home care, social enterprises
Employment coops
Start up a business or buy existing
Combine skills, interests, experiences including job creation, community service, democracy; managed by employees
Housing coops
Controlled by residents
Name of coop must include housing, mobile home, homes
Participate in management and operations of coop; shares sold back when member leaves
AB housing coops
NPO continuing housing: help manage their complex
purchase shares; do not own units; make monthly payments still
RTA and MHSTA
do not apply to non-profit continuing housing coops
NPO home ownership
form of land tenure; members own units; coops own land
Established through strata plan under LTA; subdivided; individual titles for financing
Encumbrances run with the land: easement for access etc; utility right of way; restrictive covenant (residential only); encumbrance (collect fees); caveat option to purchase (coop can purchase owners unit)
Personal property security act
Passed AB 1990
governs dealings btwn creditors/debtors
register personal property in registry administered by service ab
Security agreement
if registered against property prior to being affixed to land it takes priority to person w interest in land
e.g. aircraft, boat, farm vehicle, motor vehicle, motor, trailer, office equipment, furnishings
Consumer protection act
provincial act
protects from unfair business practices
sale, lease, transfer of goods for payment; contests, goods and services
prevents misleading advertising
Enforcement and penalties
Non-compliance with the consumer protection act:
- director’s order
- undertaking: stop practice, compensation, publicize actions, pay costs of investigation
Offences under CPA
Fines up to $300k
3x amount of $ than defendant
two years in prison
fine and imprisonment
Environmental protection and enhancement act
AB legislation
support and promote protection, enhancement, wise use of environment
recycling to pesticide sales, wastewater and storm drainage
e.g. developments need environmental audit before permit allowed
Agricultural and rec land ownership act
prevents non-Canadians from buying significant amounts of pristine land
Corporation overseas can only possess 20 acres
Condo property act
legal framework for creation and operation of all condos
AB in 1966
Refers to form of legal property ownership
