These are my thoughts on Bill 184, now passed and awaiting proclamation. There are four types of changes to the Residential Tenancies Act brought about by Bill 184; jurisdictional, fairness/process, landlord side and tenant side.
Starting with jurisdictional. I'm not sure how anyone can claim that this bill gave landlords what they wanted with the government finally clarifying the issue with utilities and post occupation rent and damage insofar as LTB v. Small Claims Court jurisdiction is concerned. That would include the one-year time limit for landlords to now make claims at the Board. The Landlord Tenant Board is now a one-stop-shop which it should have been since 1998. A tenant who has moved out has always had the right to avail themselves of LTB litigation for up to a year after move out. Now landlords have that same right.
Then there's some fairness issues finally resolved. Prior to the passage of Bill 184, landlords had no remedy at the LTB to recover damages in law other than physical damage. That has been fixed. So if the landlord is fined or charged because of a tenant wrongfully pulling a fire alarm, or parking on the lawn, those costs will now be recoverable.
Also with fairness, most small landlord rents have been illegal since 2007 since a court of appeal decision called Price vs Turnbull's Grove  which wasn't remedied until 13 years after the Court made this decision based on a legislative drafting error. That error has now been fixed.
Reviewing the tenant-side changes, there is much-needed, compensation from small landlords for demolition, renovation and conversion eviction applications, and serious compensation for bad faith notices. Also big increases in fines against landlords. Compensation will now be required for N12 eviction notices served based on the intended use by a purchaser, as well as by a landlord.
The requirements for landlords to disclose and file their declarations about their intended use ahead of time along with information about any previous N12 or N13 notices that they have served will also be helpful for adjudicators in arriving at the proper outcome in these cases.
Requiring a tenant to provide notice before filing what is essentially a deemed application at a hearing is hardly unfair, otherwise you have trial by ambush and tons of unnecessary adjournments.
For anyone interested in a 90 minute webinar going over the changes, I'm doing one for just $50 on Wednesday, July 27th. Sign up here:
Bill 184 Zoom Webinar - Wednesday, July 29th, 7pm