CPA · Residential Tenancies Act
Part 3 — Remedies of Landlords and Tenants
40 Frustration of tenancy agreement
(a) the residential premises that are the subject of the residential
tenancy agreement are destroyed,
(b) the residential premises, th e common areas or the property
of which they form a part are damaged to such an extent that
(i) a reasonable landlord would not repair the damage, or
(ii) a reasonable tenant would not be willing to remain as a
tenant,
(c) an order is made under section 62 of the Public Health Act
that closes the residential premises, declares the residential
premises unfit for habitation or otherwise operates so as to
make the continuation of the tenancy practically impossible,
or
(d) the residential premises, th e common areas or the property
of which they form a part are in a condition that contravenes
an enactment that regulates health and safety in housing
accommodation, and the condition is not remedied in
accordance with that enactment.
(2) The law pertaining to frustration of a contract applies with
respect to a residential tenancy agreement that is frustrated.