Delivery of security deposit to residential tenancies officer or tenant
8.02Where a person is convicted of an offence under section 28 for the failure to deliver or cause to be delivered to a residential tenancies officer a security deposit or any portion of a security deposit as required under subsection 8(7.1) or (7.2) or subsection 8.01(2), the judge may, in addition to any other penalty, make one or both of the following orders:
(a)
an order directing the person,
(i)
if the tenancy continues, to deliver the security deposit or portion of it to a residential tenancies officer, less any amount the residential tenancies officer has deemed to be applied under subsection 8.011(2), or
(ii)
if the tenancy has terminated, to deliver the security deposit or portion of it, less any amount the residential tenancies officer has deemed to be applied under subsection 8.011(2), to a residential tenancies officer or to the tenant after inquiring into the likelihood of a claim being made by the landlord in respect of the security deposit; and
(b)
an order directing the person to pay to a residential tenancies officer interest at the rate prescribed by regulation on the amount of the security deposit or portion of it calculated from the expiry of the fifteen-day period referred to in subsection 8(7.1) or (7.2) or subsection 8.01(2)
(i)
to the day the order is made, or
(ii)
to the day the security deposit or portion of the security deposit was delivered to a residential tenancies officer, if the security deposit or portion of it is delivered to the residential tenancies officer before sentence is imposed.
Delivery of security deposit to rentalsman or tenant
8.02Where a person is convicted of an offence under section 28 for the failure to deliver or cause to be delivered to a rentalsman a security deposit or any portion of a security deposit as required under subsection 8(7.1) or (7.2) or subsection 8.01(2), the judge may, in addition to any other penalty, make one or both of the following orders:
(a)
an order directing the person,
(i)
if the tenancy continues, to deliver the security deposit or portion of it to a rentalsman, less any amount the rentalsman has deemed to be applied under subsection 8.011(2), or
(ii)
if the tenancy has terminated, to deliver the security deposit or portion of it, less any amount the rentalsman has deemed to be applied under subsection 8.011(2), to a rentalsman or to the tenant after inquiring into the likelihood of a claim being made by the landlord in respect of the security deposit; and
(b)
an order directing the person to pay to a rentalsman interest at the rate prescribed by regulation on the amount of the security deposit or portion of it calculated from the expiry of the fifteen-day period referred to in subsection 8(7.1) or (7.2) or subsection 8.01(2)
(i)
to the day the order is made, or
(ii)
to the day the security deposit or portion of the security deposit was delivered to a rentalsman, if the security deposit or portion of it is delivered to the rentalsman before sentence is imposed.
8.02Where a person is convicted of an offence under section 28 for the contravention of subsection 8(7.1) or (7.2) or subsection 8.01(2), the judge may, in addition to any other penalty, order the person convicted to deliver to a rentalsman, if the tenancy continues, or to the tenant, if the tenancy has terminated, the security deposit of the tenant.