Residential Tenancies Branch

s. 11, The Residential Tenancies Act
Public Health Act
City of Winnipeg Neighbourhood Liveability By-law No. 1/2008
City of Brandon By-law No.6481
Municipal Bylaws

Definitions

Derelict vehicle: a vehicle, vehicle body or chassis that

• is old and unused;
• is not in roadworthy condition;
• has some parts removed;
• doesn’t have a visible, current licence place;
• is kept in the open;
• is abandoned; or
• is kept by the owner for salvaging, selling parts or for scrap metal.

Only an environmental health officer has the authority to decide if a vehicle is "derelict".

In Brandon, the City of Brandon Licensing Department uses the City of Brandon Municipal Act’s definition.

Vehicle storage insurance: a policy offered by the Manitoba Public Insurance Corporation on vehicles not used all year-round. It protects against liability, vandalism, theft and certain types of damage.

A landlord may assign a parking stall to each rental unit in a complex and include it in the written tenancy agreement, whether the tenant needs a parking stall or not.

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If an assigned parking stall is included in the tenancy agreement, the stall must be made available to the tenant.

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Some landlords keep a record of the licence numbers of vehicles that tenants park in their stalls. Tenants should let the landlord know of any change in vehicle licence numbers.

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If a tenant, with an assigned parking stall, doesn’t have a vehicle:

• the tenant’s guests can park in the stall; the tenant should give the landlord the licence plate number of anyone using the parking stall;

• the tenant can rent the stall to someone else, with the landlord’s permission; or

• the landlord can rent the stall to someone else, with the tenant’s permission.

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If extra parking stalls are available, the landlord may assign an additional stall to a tenant who asks for one. The landlord can charge the tenant the same monthly rental fee as they would charge another residential tenant.

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A landlord may set reasonable rules for tenants’ use of assigned parking stalls and visitor parking stalls. The landlord must let tenants know what these parking rules are and how they will be enforced. For example: posting tow away signs.

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The landlord can limit visitor parking stalls to casual use. A tenant may have to get the landlord’s permission for a visitor to park overnight or longer. A landlord can charge a fee for special visitor parking arrangements.

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A landlord may set aside specific "no parking" areas or assign parking stalls for emergency vehicle use only. For example: ambulances or fire trucks.

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Tenants may park an uninsured vehicle in their own parking stall. A landlord can’t ask a tenant to remove a vehicle simply because it’s not insured. If a Winnipeg Environmental Health Officer, the Brandon Licensing Department or a Provincial Environmental Health Officer says the vehicle is "derelict", the landlord may give the tenant notice to remove it. The notice should also tell the tenant that if they don’t remove the vehicle by a certain date, the landlord will tow it, at the tenant’s expense.

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A landlord can’t insist that a tenant buy vehicle storage insurance, for vehicles not used year round, as a condition of tenancy. However, tenants should consider buying an insurance policy package for their own protection.

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In an outdoor parking lot, the landlord is responsible for clearing snow, when necessary, to give tenants access to their parking stall. The landlord doesn’t have to remove snow from individual parking stalls, unless the tenant and landlord have agreed that this service will be provided.

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A landlord may provide electrical outlets, in a parking lot, for block heaters. A landlord can use a "timer" system but there must then be enough electricity to start vehicles, in reasonable condition, at any time of the day, during the winter months.

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Procedure

Overview

This policy is included as information for landlords, tenants and officers. If tenants and landlords aren’t able to solve a problem with parking and/or vehicle storage insurance on their own, they can ask the Branch for help.

Steps ▼

1.The officer encourages the landlord and tenant to share information, and to discuss the problem, to try to come to an agreement.

2.When a tenant and landlord asks the Branch for help with a parking problem, the appropriate officer follows the procedures for:

• mediation
• claims for compensation/orders of possession
• hearings

Forms & Form Letters

X-Referencing

For more information of mediation, see Section 1.
Orders of Possession are covered in Section 8.
For details on hearings, see Section 11.

Policy Developed

September, 1992

Last Revision

May, 2015

Other Resources

None

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