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

From Clicklaw Wikibooks
Jump to navigation Jump to search
LSLAP (talk | contribs)
No edit summary
LSLAP (talk | contribs)
No edit summary
 
(26 intermediate revisions by 5 users not shown)
Line 1: Line 1:
{{REVIEWED LSLAP | date= 25 June 2025}}
{{LSLAP Manual TOC|expanded = landlord}}
{{LSLAP Manual TOC|expanded = landlord}}


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'']


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:
''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/02077_01 Manufactured Home Park Tenancy Act]'', SBC 2002, c 77 [''MHPTA'']
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.  
=== 2. Regulations ===


For more information on the issue of tenancy agreements relating to illegal or unapproved suites, see RTB Policy Guideline 20: Illegal Contracts.
''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/10_477_2003 Residential Tenancy Regulation]'', BC Reg 477/2003 [''RTR'']


{{LSLAP Manual Navbox|type=chapters15-22}}
''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/481_2003 Manufactured Home Park Tenancy Regulation]'', BC Reg 481/2003 [''MHPTR'']
 
=== 3. Policy Documents ===
 
[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'']
 
 
{{LSLAP Manual Navbox|type=chapters15-23}}

Latest revision as of 19:37, 13 October 2025

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on 25 June 2025.



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 2025, The Greater Vancouver Law Students' Legal Advice Society.