Governing Legislation in Landlord and Tenant Law (19:II): Difference between revisions

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Municipalities all over the Lower Mainland are attempting to regulate secondary suites. In most Lower Mainland municipalities, secondary suites are legal and regulated (though some landlords may be operating the secondary suite without approval). The bylaws and policy guidelines are municipality-specific, so clients should be directed to their municipal offices to find out what the specific enforcement policies are for their municipality. For a website with links to various municipalities’ polices on secondary suites, see www.homeswithsuites.ca/MunicipalSuitePolicies.ubr
== A. Tenancy Law ==


The City of Surrey approved secondary suites in December of 2010. See www.surrey.ca/city-government/7617.aspx for information.  
=== 1. Statutes ===


Vancouver’s Zoning and Development By-law makes it possible to have a secondary suite in every detached single family home in the City of Vancouver. Council also approved the relaxation of various building code standards to facilitate the secondary suite process.
[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/02078_01 ''Residential Tenancy Act'', SBC 2002, c 78] [''RTA'']
[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/02077_01 ''Manufactured Home Park Tenancy Act'', SBC 2002, c 77] [''MHPTA'']


The City of Vancouver will continue to respond to complaints received from neighbours or tenants regarding illegal suites. Where legitimate complaints are received, homeowners will have to apply to make the suite legal. In the case of houses with multiple suites, Council policy limits the house to a principal dwelling and one secondary suite. The application process is described online, and can be accessed at:
=== 2. Regulations ===
http://vancouver.ca/home-property-development/creating-a-secondary-suite.aspx.


If a city inspector determines that a suite should be closed down, the landlord will be given 30 days’ notice to evict the tenant. That notice will begin to run from the day on which rent is next due. Regardless of the legality of the suite however, the RTA may still apply. A tenant may be entitled to more than the 30 days’ notice given by the municipality, and may therefore have a claim against the landlord if proper notice is not given.
[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/10_477_2003 ''Residential Tenancy Regulation'', BC Reg 477/2003] [''RTR'']
[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/481_2003 ''Manufactured Home Park Tenancy Regulation'', BC Reg 481/2003] [''MHPTR'']


For more information on the issue of tenancy agreements relating to illegal or unapproved suites, see RTB Policy Guideline 20: Illegal Contracts.
=== 3. Policy Documents ===


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[https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/tenancy-policy-guidelines-number Residential Tenancy Branch Policy Guidelines]. Throughout this Chapter, individual policy guidelines are abbreviated as “RTB PG ” followed by its number, such as RTB PG 1 for Policy Guideline 1.
 
[https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Residential Tenancy Branch Rules of Procedure] [RTB ROP], with updated versions published [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/tenancy-laws-rules on the Government of BC's website here].
 
== B. Related Statutes ==
 
[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96430_01 ''Small Claims Act'', RSBC 1996, c 430] [''SCA'']
[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/12025_01 ''Civil Resolution Tribunal Act'', SBC 2012, c 25][''CRTA'']
[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96210_01 ''Human Rights Code'', RSBC 1996, c 210] [''HRC'']
[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/98043_00_multi ''Strata Property Act'', SBC 1998, c 43] [''SPA'']
[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_04045_01 ''Administrative Tribunals Act'', SBC 2004, c 45] [''ATA'']
[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96241_01 ''Judicial Review Procedure Act'', RSBC 1996, c 241] [''JRPA'']
[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/03063_01 ''Personal Information Protection Act'', SBC 2003, c 63] [''PIPA'']
 
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Latest revision as of 07:33, 30 August 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 15, 2024.



A. Tenancy Law

1. Statutes

Residential Tenancy Act, SBC 2002, c 78 [RTA] Manufactured Home Park Tenancy Act, SBC 2002, c 77 [MHPTA]

2. Regulations

Residential Tenancy Regulation, BC Reg 477/2003 [RTR] Manufactured Home Park Tenancy Regulation, BC Reg 481/2003 [MHPTR]

3. Policy Documents

Residential Tenancy Branch Policy Guidelines. Throughout this Chapter, individual policy guidelines are abbreviated as “RTB PG ” followed by its number, such as RTB PG 1 for Policy Guideline 1.

Residential Tenancy Branch Rules of Procedure [RTB ROP], with updated versions published on the Government of BC's website here.

B. Related Statutes

Small Claims Act, RSBC 1996, c 430 [SCA] Civil Resolution Tribunal Act, SBC 2012, c 25[CRTA] Human Rights Code, RSBC 1996, c 210 [HRC] Strata Property Act, SBC 1998, c 43 [SPA] Administrative Tribunals Act, SBC 2004, c 45 [ATA] Judicial Review Procedure Act, RSBC 1996, c 241 [JRPA] Personal Information Protection Act, SBC 2003, c 63 [PIPA]

© Copyright 2024, The Greater Vancouver Law Students' Legal Advice Society.