The Residential Tenancy Act and Related Statutes (19:III)
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 15, 2024. |
A. What Is and Is Not Subject to the RTA
The RTB can only hear disputes subject to either the RTA or the MHPTA. If a dispute between a tenant and a roommate arises beyond the jurisdiction of either Act, it cannot be brought to the RTB. Instead, it may be brought to:
- the Civil Resolution Tribunal (“CRT”) if the disputed monetary amount is $5000 or less;
- the Small Claims Court if the disputed monetary amount is between $5,001 to $35,000; or
- the Supreme Court if it is over $35,000.
For more information about proceedings in those bodies, see Chapter Twenty: Small Claims and the CRT.
Call the Residential Tenancy Branch information line (604-660-1020 or 1-800-665-8779) if you are unsure whether the rental unit comes under the RTA. Further resources are available at the end of this Chapter if you need assistance with a tenancy that is not under the jurisdiction of the RTB.
1. No Avoiding Tenancy Statutes
Neither landlords nor tenants can contract out of or avoid the RTA or RTR (RTA, s 5(1)). Any tenancy agreement terms that are inconsistent with RTA or RTR or otherwise any attempt to avoid them are void and of no effect (RTA, s 5(2)).
2. Excluded Premises and Agreements
Section 4 of the RTA sets out a list of situations which are not covered by the RTA. For more information about what is covered by B.C.’s tenancy laws based on the type of housing situation, visit this page of the Government of BC website.
The following discusses some of the housing arrangements that are not covered by the RTA.
a) Renting as a Housing Cooperative Member
If a non-profit housing cooperative rents housing to one of its members, the tenancy is not covered by the RTA (RTA, s 4(a)). Conversely, where a tenant is living in a cooperative housing facility and is paying rent, but is not a member of the cooperative, their rental unit may be subject to the RTA if the arrangement otherwise fits the definition of a tenancy.
b) Sharing Bathroom or Kitchen Facilities
If a tenancy allows for sharing bathroom or kitchen facilities with the owner of the accommodations, the tenancy is not covered by the RTA (RTA, s 4(c)).
c) Roommates Without Tenancy Agreement With the Landlord
Any roommates who do not have a tenancy agreement with the landlord are not covered by the RTA and do not have any recourse against the landlord under the RTA. For more information, see RTB PG 19: Assignment and Sublet.
The determination of whether there is a direct tenancy with the landlord depends on the circumstances of each case and can only be made by an RTB Arbitrator at a dispute resolution hearing.
d) Emergency Shelter or Transitional Housing
Sometimes organizations that provide housing may claim that their accommodation falls under the emergency shelter or transitional housing exceptions. However, such claims are not necessarily correct, and only the RTB can make such a determination.
“Emergency shelter” entails an individual being provided with temporary overnight shelter or, in extreme circumstances, shelter beyond overnight until the emergency is over (RTB PG 46). Residents of these shelters “may have an immediate need for support services” such as nutrition, hygiene, and health services, and “may be required to abide by house rules as a condition of their stay”.
The RTR defines “transitional housing” as living accommodation that is provided:
- on a temporary basis;
- by a person or organization that receives funding from a local government or the government of British Columbia or of Canada for the purpose of providing that accommodation; and
- together with programs intended to assist tenants to become better able to live independently.
Any accommodation must satisfy all three of these criteria to be excluded from the RTA, even if a transitional housing agreement has been signed.
e) Commercial Tenancies
Premises primarily occupied for business purposes are instead governed by the Commercial Tenancy Act, RSBC 1996, c 57. Furthermore, the RTA does not apply to accommodations rented under the same agreement as premises primarily occupied for business purposes (RTA, s 4(d)). See also RTB PG 14.
f) Other Excluded Arrangements
The other housing arrangements excluded from the RTA under section 4 are:
- accommodations owned or operated by an educational institution for its students or employees (RTA, s 4(b));
- accommodations occupied as vacation or travel accommodation (RTA, s 4(e));
- accommodations provided as part of various medical and care programs, such as certain hospitals or community care facilities (RTA, s 4(g));
- accommodations in a correctional institution (RTA, s 4(h));
- tenancy agreements with a term longer than 20 years (RTA, s 4(i)); and
- tenancy agreements that fall under the MHPTA (RTA, s 4(j)).
3. Minors
Tenancy agreements entered into by persons under the age of 19 are enforceable (RTA, s 3). Despite the Infants Act, RSBC 1996, c 223, this section allows the RTA, RTR, tenancy agreements, and service agreements to be enforced against minors.
4. The Crown
Generally, the RTA applies to the Crown.
5. Hotel Tenants and Landlords
Hotel tenants are fully covered by the RTA if the hotel is the tenants’ primary residence. The following rules apply only to hotel tenants and landlords:
- section 29(1)(c) of the RTA permits entry into a hotel tenant’s room without notice to provide housekeeping or related services at reasonable times;
- section 59(6) of the RTA permits an individual occupying a room in a residential hotel to apply for an interim order stating that the RTA applies to that living accommodation without notifying other parties.
B. Strata Property
A tenant in possession of a strata title lot (i.e. a condominium), whose landlord is the owner of the title and a member of the strata, is subject to both the RTA and the Strata Property Act, SBC 1998, c 43 [SPA].
For more information, see Chapter Twenty-Two: Strata Law.
C. Discrimination Against Tenants
Although overall poverty is not a protected ground under the BC Human Rights Code, RSBC 1996, c 210 [HRC], a landlord must not deny tenancy to a prospective tenant or discriminate regarding a term of a tenancy agreement based on a lawful source of income, such as income assistance or similar benefits (HRC, s 10(1)(a)). The prospective tenant may file a human rights complaint to the BC Human Rights Tribunal. See Chapter Six: Human Rights for more information.
Section 10(1) of the HRC also prohibits a person from denying tenancy or from discriminating with respect to a term of the tenancy against a person or class of persons because of their Indigenous identity, race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age. Note that pets are not covered under discrimination rules.
There are three exceptions:
These provisions do not apply where a tenant and landlord will share the use of any sleeping, bathroom or cooking facilities in the space (HRC, s 10(2)(a)).
2. Older Adults Only
These provisions, as they relate to age and family status, do not apply to rental spaces in residential buildings in which every unit is reserved for rental by people who have reached 55 years of age, or for by two or more people, at least one of whom has reached 55 years of age (HRC, s 10(2)(b)).
3. Units Designed to Accommodate Disability
These provisions, as they relate to physical or mental disability, do not apply if both the rental unit and the residential premises containing it are designed to accommodate persons with disabilities, and the unit is offered for rent exclusively to someone with a disability, or to two or more persons, at least one of whom has a disability (HRC, s 10(2)(c)).
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