s.57 — Former tenant’s application where notice given in bad faith

57 (1) The Board may make an order described in subsection (3) if, on application by a former tenant of a rental unit, the Board determines that, (a) the landlord gave a notice of termination under section 48 in bad faith, the former tenant vacated the rental unit as a result of the notice or as a result of an application to or order made by the Board based on the notice, and no person referred to in clause 48 (1) (a), (b), (c) or (d) occupied the rental unit within a reasonable time after the former tenant vacated the rental unit; (b) the landlord gave a notice of termination under section 49 in bad faith, the former tenant vacated the rental unit as a result of the notice or as a result of an application to or order made by the Board based on the notice, and no person referred to in clause 49 (1) (a), (b), (c) or (d) or 49 (2) (a), (b), (c) or (d) occupied the rental unit within a reasonable time after the former tenant vacated the rental unit; or (c) the landlord gave a notice of termination under section 50 in bad faith, the former tenant vacated the rental unit as a result of the notice or as a result of an application to or order made by the Board based on the notice, and the landlord did not demolish, convert or repair or renovate the rental unit within a reasonable time after the former tenant vacated the rental unit. (2) No application may be made under subsection (1) more than one year after the former tenant vacated the rental unit. (3) The orders referred to in subsection (1) are the following: 1. An order that the landlord pay a specified sum to the former tenant for all or any portion of any increased rent that the former tenant has incurred or will incur for a one-year period after vacating the rental unit. 1.1 An order that the landlord pay a specified sum to the former tenant as general compensation in an amount not exceeding the equivalent of 12 months of the last rent charged to the former tenant. An order under this paragraph may be made regardless of whether the former tenant has incurred any actual expenses or whether an order is made under paragraph 2. 1.2 An order that the landlord pay a specified sum to the former tenant for reasonable out-of-pocket moving, storage and other like expenses that the former tenant has incurred or will incur. 2. An order for an abatement of rent. 3. An order that the landlord pay to the Board an administrative fine not exceeding the greater of $10,000 and the monetary jurisdiction of the Small Claims Court. 4. Any other order that the Board considers appropriate.  ; (4) In an application under subsection (1), the Board may find that the landlord gave a notice of termination in bad faith despite a previous finding by the Board to the contrary. (5) For the purposes of an application under clause (1) (a), it is presumed, unless the contrary is proven on a balance of probabilities, that a landlord gave a notice of termination under section 48 in bad faith, if at any time during the period described in subsection (6) the landlord, (a) advertises the rental unit for rent; (b) enters into a tenancy agreement in respect of the rental unit with someone other than the former tenant; (c) advertises the rental unit, or the building that contains the rental unit, for sale; (d) demolishes the rental unit or the building containing the rental unit; or (e) takes any step to convert the rental unit, or the building containing the rental unit, to use for a purpose other than residential premises. (6) The period referred to in subsection (5) is the period that, (a) begins on the day the landlord gives the notice of termination under section 48; and (b) ends one year after the former tenant vacates the rental unit. (7) Subsections (5) and (6) apply with respect to an application under clause (1) (a) if the application is made on or after the day section 10 of the Rental Fairness Act, 2017 comes into force and is based on a notice of termination given under section 48 on or after that day. (8) This section, as it read immediately before subsection 9 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force, continues to apply with respect to an application under subsection (1) that is made before that day and has not been finally determined before that day, even if the hearing of the application is on or after that day.