News for Rental Property Owners

Evelyn Jacks

Did you know that Canada now has a Blueprint for a Renters' Bill of Rights?  It’s based on four principles the federal government wishes to align with a renter’s right to adequate housing. According to the government, the purpose of the Blueprint is to “express the Federal Government's policy objectives to build a national consensus to protect renters.”  But what does this mean for rental property owners? You may wish to discuss this with your clients who have concerns about their ability to collect rents and improve properties.

The Four Principles are:

1. Ensuring everyone has a safe and affordable place to call home;
2. Fostering fairness and transparency;
3. Addressing inequity and discrimination; and,
4. Safeguarding the system

1. Ensuring everyone has a safe and affordable place to call home

The Government of Canada is working to ensure everyone has a safe and affordable home through the implementation of measures such as the Canada Rental Protection Fund, the short-term rental enforcement fund, and the removal of federal taxes for the construction of new rental housing.

The Government of Canada calls on provincial and territorial governments and all actors involved in the renting system to take measures to advance affordable and non-market rental housing by:

• Establishing and maintaining mechanisms that help protect against instability in the rental market, such as rental assistance programs, rent banks, and protections against excessive rent increases;
• Supporting rental housing options that accommodate a diverse range of needs, including those of students, families, seniors and individuals with accessibility requirements, or design that respects Indigenous cultures; and,
• Modernizing regulations to prioritize and encourage the creation of long-term, affordable and non-market rental housing stock.

2. Fostering fairness and transparency

The Government of Canada promotes fairness and transparency in renting by providing data and insights to inform policy makers across all levels of government, through the Canada Mortgage and Housing Corporation's Market Reports and various Statistics Canada publications.

The Government of Canada calls on provincial and territorial governments and all actors involved in the renting system to take measures to provide fair and transparent rental housing by:

• Developing standard processes and simplified/plain-language tools to facilitate the rental of housing, tailored to the appropriate jurisdiction, including standards for lease agreements, consistent processes for background checks and providing receipts for rent paid or held in trust;
• Making pertinent renting information available, accessible, and uniform, including unit title, legal agent, rental history, rental pricing and state of repair by utilizing existing platforms or government managed platforms;
• Implementing measures to enhance transparency and ethical practices such as: modernizing regulations; introducing codes of conduct, standard pricing guidelines, or, initiatives to assist in renter relocation;
• Establishing mechanisms to track and publicly report on filings to increase rent or evict tenants, including the reason for such actions; and,
• Ensuring the protection and enforcement of existing tenant rights as enshrined in relevant provincial legislation, such as: protection against forced evictions; continued tenancy in the event of a change to the unit; relocation assistance; and, housing that contains basic health and safety necessities.

3. Addressing inequity and discrimination

For many Canadians, renting is a practical choice. For others, renting is the more affordable housing option or a step on the path to home ownership. Renters are often youths, seniors, Indigenous peoples, persons with a disability, single parent families or newcomers. These same groups are also more likely to experience discrimination based on factors such as race, ethnicity, gender, age, sexual orientation, disability or family status. Discrimination in the rental market has significant effects, perpetuating cycles of poverty and social exclusion as well as increasing the risk of homelessness, housing instability and economic hardship.

The Government of Canada calls on provincial and territorial governments and all actors involved in the renting system to take measures to advance accessible, habitable and culturally adequate rental housing by:

• Identifying and addressing discriminatory practices based on factors such as race, family composition, or pet ownership by leveraging data or engaging in outreach to understand the experiences of vulnerable and equity-denied groups;
• Enforcing measures to address rental discrimination by updating legislation, rules and regulations to prevent and address inequities, like in cases of family status discrimination;
• Establishing and upholding minimum standards for rental housing quality, maintenance, habitability, safety and climate resiliency; and,
• Adopting measures that promote or require proportionality in renting practices, particularly when these heighten vulnerability. Proportionality means that actions affecting renters such as lease terminations, rent increases or evictions (including renovictions), consider factors like timing and fairness. This is particularly important for renters with fixed incomes, living with disability or complex medical needs, or for families with school-aged children.

4. Safeguarding the system

A fair and well-functioning rental system provides homes for millions of Canadians. To ensure fairness and to protect tenant rights, it is essential to have robust regulations in place and effective enforcement mechanisms to uphold them.

The Government of Canada is supporting tenants' rights advocacy and access to legal information and advice services, through the Tenant Protection Fund.

The Government of Canada calls on provincial and territorial governments and all actors involved in the renting system to safeguard renting by:

• Creating and delivering information and education sessions for property owners and managers to make clear their responsibilities and obligations through compulsory training;
• Ensuring tenants are aware of their rights and responsibilities prior to signing a lease;
• Establishing and upholding formal processes for addressing complaints in a timely and accessible manner, including by: closing loopholes, such as implementing rent increases prior to above-guideline approval; strengthening mediation and other alternative resolution mechanisms; shifting the onus to property owners for providing proof to end tenancy agreements; providing legal aid or representation to even the playing field for renters; or granting Tribunals and Commissions the authority to impose substantial penalties to deter future offences; and,
• Implementing meaningful deterrents and effective enforcement mechanisms for bad faith actors who repeatedly engage in misconduct.

Reporting

This Blueprint for a Renter's Bill of Rights calls on jurisdictions across Canada to take measures to advance the rights of renters, and that responsibility includes reporting on how these rights are being progressively realized over time.

Recognizing the primary role they play in the rental system, the Government of Canada calls on provinces and territories to publish an annual public report explaining how they are advancing the rights of renters in their jurisdictions as an element of broader efforts to fulfill the right to adequate housing for all.