BILL NO. 175
(as introduced)
1st Session, 65th General Assembly
Nova Scotia
4 Charles III, 2025
Private Member's Public Bill
Protection of Renters from Unfair Practices Act
Claudia Chender
Dartmouth South
First Reading: October 3, 2025
Second Reading:
Third Reading:
An Act to Protect Renters
from Unfair Practices
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Protection of Renters from Unfair Practices Act.
(a) property tax expenses; and
(b) utility expenses, such as water or energy,
(c) property management salaries and administration costs;
(d) marketing and advertising costs; or
(e) fines, penalties or costs arising from the landlord's negligence or regulatory non-compliance;
"eligible expenditures" means expenditures that
(a) substantially preserve or extend the life of the property;
(b) substantially improve the health, safety, accessibility or energy efficiency of the premises; or
(c) provide new facilities or services for the benefit of the tenant or tenants;
"guideline" means the guideline established under Section 7;
"lawful rent" means the lawful rent as determined by Section 5 and thereafter modified by this Act;
"prescribed" means prescribed by the regulations;
"rent" means the total consideration that a tenant is required to pay under a lease, and includes base rent and all other additional charges that are payable by the tenant to the landlord in exchange for the use of the property and the services, facilities and utilities provided by the landlord under the lease.
(2) Subject to subsection (1) and the regulations, words and expressions in this Act have the same meaning as in the Residential Tenancies Act.
3 (1) No landlord shall increase the rent charged for residential premises except in accordance with this Act.
(2) No landlord shall increase the rent charged for a residential-premises unit more than once in a 12-month period.
(3) Where a service, facility or amenity that is included in a lease or otherwise provided by the landlord to the tenant at the commencement of the tenancy is withdrawn or substantially reduced, the withdrawal or reduction is deemed to be an increase in rent.
(4) A tenant may apply to the Director for a determination of whether a withdrawal or reduction of services, facilities or amenities has occurred and for an order reducing the rent payable under the lease accordingly and a rebate of previously paid rent of commensurate value to the reduction in service, facility or amenity for the length of time that the withdrawal occurred.
(5) A former tenant may apply under this Section if the former tenant was affected by the discontinuance or reduction of services or facilities while a tenant.
(6) An order under this Section reducing rent is deemed to take effect on the day that the discontinuance or reduction first occurred.
4 No landlord shall charge rent to a tenant in an amount that is greater than lawful rent permitted by this Act.
5 (1) Subject to Section 6 and unless otherwise prescribed, the lawful rent that may be charged for residential premises for which there is a lease in effect on the day this Section comes into force is the rent that was charged on the day before this Section comes into force or, where that amount was not permitted under an enactment, the amount that was permitted on that day.
(2) Subject to Section 6, the lawful rent for residential premises for the first rental period for a new tenant under a new lease is the rent charged to the previous tenant or, where there is not a previous tenant, the rent first charged to the new tenant.
6 (1) The lawful rent is not affected by
(a) a discount in rent at the beginning of, or during, a tenancy of up to two per cent of the rent that could otherwise be lawfully charged, if the discount is provided for paying rent on or before the date it is due and the discount meets any prescribed conditions;
(b) a discount in rent at the beginning of, or during, a tenancy that consists of up to three months rent in any 12-month period if the discount is provided in the form of rent-free periods and meets any prescribed conditions; or
(2) Subject to subsection (1), where a landlord offers a discount in rent at the beginning of, or during, a tenancy, the lawful rent must be calculated in accordance with the regulations.
(3) Where the rent a landlord charges for the first rental period of a tenancy is greater than the rent the landlord charges for subsequent rental periods, the lawful rent must be calculated in accordance with the regulations.
7 (1) The lawful rent may only be increased in accordance with the guideline established by this Section.
(2) The guideline for each year is the percentage change from year to year in the Consumer Price Index for the Province for prices of goods and services as reported monthly by Statistics Canada, averaged over the 12-month period that ends at the end of May of the previous calendar year, rounded to the first decimal point.
(3) The Minister shall publish the guideline for each year in the Royal Gazette not later than August 31st of the preceding year.
8 (1) Notwithstanding Sections 3 and 7, a landlord may apply to the Director for approval to increase the rent payable by a tenant by more than the annual change in the Consumer Price Index for the Province if the landlord can show that the landlord incurred eligible expenditures or an increase in eligible costs that are in excess of the annual change in Consumer Price Index for the Province.
(2) An application under this Section must include
(a) detailed descriptions of the work performed or utilities paid to incur the eligible expenditure or increase in eligible costs;
(b) proof of the eligible expenditure or increase in eligible costs, such as a contract or an invoice;
(c) a calculation of the proposed rent increase attributable to the eligible expenditure or increase in eligible cost, including an amortization schedule; and
(d) demonstration that the increase in costs are not already covered or compensated for by the allowance for rent increases by annual change in the Consumer Price Index for the Province.
(3) A landlord may not apply for a rent increase for cost increases that do not exceed the Consumer Price Index for the Province.
(4) An application under this Section must be made at least 90 days before the date of the first intended rent increase referred to in the application.
(5) Where an application is made in respect of an increase in the cost of utilities,
(a) the application must include information on the total cost of those utilities; and
(b) the landlord shall provide the information to each tenant whose rent the landlord is applying to increase.
(6) Where an application is made in respect of capital expenditures, the landlord shall provide the information to each tenant whose rent the landlord is applying to increase.
9 The Director may approve, partially approve or deny an application made under this Section after considering
(a) whether the expenditure or increase in costs is eligible;
(b) whether the requested rent increase is fair and reasonable; and
(c) the interests of tenants in fair and predictable rent.
10 (1) A tenant may apply to the Director for an order for a reduction of the rent charged for residential premises due to a reduction or discontinuance in services or facilities provided in respect of residential premises.
(2) A former tenant may apply under this Section if the former tenant was affected by the discontinuance or reduction of services or facilities while a tenant.
(3) The Director shall make findings in accordance with the regulations and may order that
(a) the rent charged be reduced by a specified amount;
(b) there be a rebate to the tenant of any rent found to have been unlawfully collected by the landlord; or
(c) the rent charged be reduced by a specified amount for a specified period if there has been a temporary reduction in a service.
(4) An order under this Section reducing rent is deemed to take effect on the day that the discontinuance or reduction first occurred.
(5) No application may be made under this Section more than two years after a reduction or discontinuance of services or facilities.
11 (1) Where the municipal property tax for residential premises or a building containing residential premises is reduced by more than the prescribed percentage, the lawful rent for those residential premises is reduced in accordance with the regulations.
(2) The rent reduction has effect on the date determined by the regulations, whether or not notice has been given under subsection (3).
(3) Where, for a building with the prescribed number of residential premises, the lawful rent is reduced under subsection (1), the municipality in which the building is located shall, within the prescribed period and by the prescribed method of service, notify the Director, the landlord and all of the tenants in the building of that fact.
(4) The notice required under subsection (3) must be in the prescribed form and must
(a) inform the tenants that their rent is reduced;
(b) set out the percentage by which their rent is reduced and the date the reduction takes effect;
(c) inform the tenants that where the rent is not reduced in accordance with the notice they may apply to the Director for an order under Section 13; and
(d) advise the landlord and the tenants of their right to apply for an order under Section 12.
12 (1) A landlord or tenant may apply to the Director under the prescribed circumstances for an order varying the amount by which the rent charged is to be reduced under Section 11.
(2) An application under subsection (1) must be made within the prescribed time.
(3) The Director shall determine an application under this Section in accordance with the regulations and shall issue an order setting out the percentage of the rent reduction.
(4) An order under this Section has effect on the date determined under subsection 11(2).
13 (1) A tenant of residential premises may apply to the Director for an order for a reduction of the rent charged for the premises due to a reduction in the municipal taxes and charges relating to the residential premises.
(2) The Director shall determine an application under this Section in accordance with the regulations and shall issue an order setting out the percentage of the rent reduction.
(3) An order under this Section has effect on the date determined in accordance with the regulations.
14 (1) A landlord shall not increase the rent charged to a tenant without first giving at least 90 days written notice of the landlord's intention to do so.
(2) The notice required under subsection (1) must be in the prescribed form.
(3) An increase in rent is void if the landlord has not given the notice required under subsection (1).
15 A tenant who does not give a landlord notice to quit under Section 10 of the Residential Tenancies Act after receiving a notice of an intended rent increase under Section 14 is deemed to have accepted the lower of the increase specified in the notice or whatever rent increase would be allowed under this Act.
16 Any rent collected by a landlord that exceeds the lawful rent is a debt due to the tenant or former tenant who paid that rent.
17 Where there is more than one tenant occupying residential premises, the aggregate of all rents charged to tenants in respect of those premises may not exceed the lawful rent.
18 An order of the Director made under this Act may be appealed in accordance with Sections 17C to 17F of the Residential Tenancies Act.
19 Two or more tenants may make an application to the Director under this Act jointly, in accordance with the regulations, if the application is in respect of the same landlord and residential premises in the same building.
20 (1) Every person who violates or fails to comply with any order, direction or other requirement of the Director or the Small Claims Court or contravenes this Act, or any landlord who takes action against a tenant because of any resort by that tenant to any governmental authority in respect of the residential premises or because a tenant attempts to enforce or secure their rights under this Act or the Rent Review Act, is guilty of an offence punishable on summary conviction and is liable to a fine
(a) in the case of an individual, a fine not exceeding $50,000; and
(b) in the case of a corporation, a fine not exceeding the greater of $500,000 or two per cent of the corporation's annual revenue from the preceding fiscal year.
(2) In the case of a contravention of this Act involving an existing residential lease by a landlord, a fine imposed may not be less than the equivalent of one year of rent for the residential premises, applying to each residential premises or lease contract involved in non-compliance with this Act.
(3) In the case of a conflict between the maximum fine prescribed by clause (1)(a) and the minimum fine prescribed by subsection (2), the minimum fine prescribed by subsection (2) prevails.
21 The Minister shall initiate a review of this Act within four years of its coming into force and thereafter within four years of the previous review.
22 (1) The Governor in Council may make regulations
(a) respecting the calculation and determination of lawful rent;
(b) prescribing conditions that discounts referred to in clause 6(1)(a) or (b) must meet to not affect the lawful rent;
(c) prescribing discounts that do not affect the lawful rent;
(d) prescribing any forms that are to be prescribed under this Act;
(e) respecting applications, including the information that must be included in an application, the form of an application and joint applications;
(f) respecting findings and determinations of the Director;
(g) prescribing a percentage for the purpose of subsection 11(1);
(h) respecting the date on which a rent reduction has effect pursuant to subsection 11(2);
(i) prescribing a number of residential premises for the purpose of subsection 11(3);
(j) respecting any matter or thing that is to be prescribed or done in accordance with the regulations under this Act;
(k) defining or further defining any word or expression used in this Act;
(l) respecting any matter or thing which the Governor in Council considers necessary or advisable to effectively carry out the intent and purpose of this Act.
(2) Regulations made under this Section may be general or specific in application, and, for greater certainty, may apply to specific municipalities, parts of municipalities or particular buildings or particular residential premises or categories thereof.
(3) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
23 (1) Subject to Section 24, the Minister shall establish a Compliance and Enforcement Division to administer and enforce the Residential Tenancies Act within 12 months of the coming into force of this Act.
(2) The duties of the Division must include
(a) imposing administrative penalties for non-compliance with the Residential Tenancies Act or an order of the Director of Residential Tenancies;
(b) publishing information respecting charges and penalties;
(c) educating landlords and tenants of their rights and responsibilities;
(e) receiving and investigating complaints; and
(f) such other duties as may be assigned by the Minister.
24 The money required for the purpose of this Act must be paid out of money appropriated for that purpose by the Legislature.
25 Chapter 22 of the Acts of 2021, the Interim Residential Rental Increase Cap Act, is repealed.
26 Chapter 8 of the Acts of 1959, the Rental Act, is repealed.
27 Subsection 8H(3) of Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act, as enacted by Chapter 41 of the Acts of 2018, is amended by striking out "subsection 11(2)" and substituting "Protection of Renters from Unfair Practices Act".
28 Section 9A of Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act, as enacted by Chapter 40 of the Acts of 1993, is amended by adding immediately after subsection (3) the following subsections:
- (4) In subsection (5), "pets" means any tenant-owned animal that complies with the Personal Pets Exotic Wildlife Prohibition List established under the Wildlife Act.
(5) A landlord shall not make a rule prohibiting the presence of pets in or around the residential premises.
(6) Subsection (5) does not prohibit a landlord from establishing fair and reasonable requirements for responsible pet ownership such as picking up pet excrement on the residential property or keeping pets on leashes while on the residential premises.
29 Section 10 of Chapter 401, as amended by Chapter 31 of the Acts of 1992, Chapter 40 of the Acts of 1993, Chapter 32 of the Acts of 1994, Chapter 7 of the Acts of 1997, Chapter 72 of the Acts of 2010, Chapter 70 of the Acts of 2011, Chapter 41 of the Acts of 2018, Chapter 36 of the Acts of 2021 and Chapter 12 of the Acts of 2024, is further amended by adding immediately after subsection (7B) the following subsection:
- (7BA) Where a notice to quit under clause (7B)(a) is the result of the landlord or another tenant experiencing a serious allergic reaction due to the presence of an animal the tenant has brought onto the residential premises, the landlord shall provide the tenant and the Director with sufficient medical evidence to support such claim.
30 (1) Subsection 10A(2) of Chapter 401, as enacted by Chapter 40 of the Acts of 1993, is amended by striking out "with the consent of an owner" in the third line and substituting "of the premises".
(2) Section 10A of Chapter 401, as enacted by Chapter 40 of the Acts of 1993 and amended by Chapter 41 of the Acts of 2018 and Chapter 36 of the Acts of 2021, is further amended by adding immediately after subsection (2) the following subsection:
- (2A) Where a fixed-term lease exists, the landlord shall, at least thirty days before the date the lease ends, offer the tenant the opportunity to continue the tenancy on a month-to-month basis.
31 Section 10AE of Chapter 401, as enacted by Chapter 36 of the Acts of 2021 and amended by Chapter 12 of the Acts of 2024, is further amended by
(a) striking out "under Section 11"; and
(b) striking out "three" and substituting "two".
32 The heading immediately after Section 10I and Sections 11 to 11B of Chapter 401 are repealed.
33 Section 20 of Chapter 401, as amended by Chapter 31 of the Acts of 1992, Chapter 7 of the Acts of 1997 and Chapter 10 of the Acts of 2002, is further amended by striking out "Rent Review" and substituting "Protection of Renters from Unfair Practices".
34 Section 23 of Chapter 401, as amended by Chapter 10 of the Acts of 2002, is further amended by striking out "or the Rent Review Act".
35 Clauses 26(1)(cg) to (ck) of Chapter 401 are repealed.
36 This Act has effect on and after January 1, 2026.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2025 Crown in right of Nova Scotia. Created October 3, 2025. Send comments to legc.office@novascotia.ca.
