Offences
206. (1) Any person who knowingly does any of the following is guilty of an offence: 1. Restrict reasonable access to the residential complex by political candidates or their authorized representatives in contravention of section 22. 2. Alter or cause to be altered the locking system on any door giving entry to a rental unit or the residential complex in a manner that contravenes section 23. 3. Withhold reasonable supply of a vital service, care service or food or deliberately interfere with the supply in contravention of section 25. 4. Harass, hinder, obstruct or interfere with a tenant in the exercise of, i. securing a right or seeking relief under this Act or in the court, ii. participating in a proceeding under this Act, or iii. participating in a tenants’ association or attempting to organize a tenants’ association. 5. Harass, coerce, threaten or interfere with a tenant in such a manner that the tenant is induced to vacate the rental unit. 6. Harass, hinder, obstruct or interfere with a landlord in the exercise of, i. securing a right or seeking relief under this Act or in the court, or ii. participating in a proceeding under this Act. 7. Seize any property of the tenant in contravention of section 31. 8. Obtain possession of a rental unit improperly by giving a notice to terminate in bad faith. 9. Fail to afford a tenant a right of first refusal in contravention of section 54 or 56. 10. Recover possession of a rental unit without complying with the requirements of sections 55, 57 and 58. 11. Coerce a tenant of a mobile home park or land lease community to enter into an agency agreement for the sale or lease of their mobile home or land lease home or to require an agency agreement as a condition of entering into a tenancy agreement. 12. Coerce a tenant to sign an agreement referred to in section 130. 1997, c. 24, s. 206 (1). Same (2) Any person who does any of the following is guilty of an offence: 1. Furnish false or misleading information in any material filed in any proceeding under this Act or provided to the Tribunal, an employee or official of the Tribunal, an inspector, an investigator, the Minister or a designate of the Minister. 2. Enter a rental unit where such entry is not permitted by section 20, 21 or 94 or enter without first complying with the requirements of section 20, 21 or 94. 3. Contravene an order of the Tribunal that, i. orders a landlord to do specified repairs or other work within a specified time, or ii. orders that a landlord, a superintendent or an agent of a landlord may not engage in any further activities listed in paragraphs 3 to 10 of subsection 32 (1) against any of the tenants in a residential complex. 4. Unlawfully recover possession of a rental unit. 4.1 Fail to make an evicted tenant’s property available for retrieval in accordance with subsection 42 (3). 5. Give a notice to terminate a tenancy under section 51 or 52 in contravention of section 54. 6. Give a notice of rent increase or a notice of increase of a charge in a care home without first giving an information package contrary to section 92. 7. Increase a charge for providing a care service or meals to a tenant in a care home in contravention of section 101. 8. Interfere with a tenant’s right under section 105 to sell or lease his or her mobile home. 9. Restrict the right of a tenant of a mobile home park or land lease community to purchase goods or services from the person of his or her choice in contravention of section 109. 10. Require or receive a security deposit from a tenant contrary to section 117. 11. Fail to pay to the tenant annually interest on the rent deposit held in respect of their tenancy in accordance with subsection 118 (6). 12. Fail to apply the rent deposit held in respect of a tenancy to the rent for the last month of the tenancy in contravention of subsection 118 (8). 12.1 Fail to repay an amount received as a rent deposit as required by subsection 118.1 (1) or (2). 13. Fail to provide a tenant with a receipt in accordance with section 120. 14. Charge rent in an amount greater than permitted under the Act. 15. Require a tenant to pay rent proposed in an application in contravention of subsection 138 (4). 16. Charge or collect amounts from a tenant, a prospective tenant, a subtenant, a potential subtenant, an assignee or a potential assignee in contravention of section 140. 17. Fail to comply with any or all of the items contained in a work order issued under section 155. 18. Charge an illegal contingency fee in contravention of subsection 199 (1). 19. Obstruct or interfere with an inspector or investigator exercising a power of entry under section 203. 1997, c. 24, s. 206 (2); 2000, c. 26, Sched. K, s. 6 (30, 31); 2001, c. 9, Sched. J, s. 4 (11). Same (3) Any landlord or superintendent, agent or employee of the landlord who knowingly harasses a tenant or interferes with a tenant’s reasonable enjoyment of a rental unit or the residential complex in which it is located is guilty of an offence. 1997, c. 24, s. 206 (3). Exception (3.1) For the purposes of subsection (3), the carrying out of repairs, maintenance and capital improvements does not constitute harassment or interference with a tenant’s reasonable enjoyment of a rental unit or the residential complex in which it is located unless it is reasonable to believe, (a) that the date or time when the work is done or the manner in which it is carried out is intended to harass the tenant or interfere with the tenant’s reasonable enjoyment; or (b) that the repairs, maintenance or capital improvements were carried out without reasonable regard for the tenant’s right to reasonable enjoyment. 2001, c. 9, Sched. J, s. 4 (12). Same (4) Any person who knowingly attempts to commit any offence referred to in subsection (1), (2) or (3) is guilty of an offence. 1997, c. 24, s. 206 (4). Same (5) Every director or officer of a corporation who knowingly concurs in an offence is guilty of an offence. 1997, c. 24, s. 206 (5). Same (6) A person, other than a corporation, who is guilty of an offence under this section is liable on conviction to a fine of not more than $10,000. 1997, c. 24, s. 206 (6). Same (7) A corporation that is guilty of an offence under this section is liable on conviction to a fine of not more than $50,000. 1997, c. 24, s. 206 (7). Limitation (8) No proceeding shall be commenced respecting an offence under paragraph 1 of subsection (2) more than two years after the date on which the facts giving rise to the offence came to the attention of the Minister. 1997, c. 24, s. 206 (8). Same (9) No proceeding shall be commenced respecting any other offence under this section more than two years after the date on which the offence was, or is alleged to have been, committed. 1997, c. 24, s. 206 (9). Evidence