The BC Government announced the various amendments to the Residential Tenancy Act, SBC 2002, c. 78 (the “RTA”) being delivered through Bill 14. On May 16, 2024, Bill 14 Tenancy Statutes Amendment Act was granted royal assent and became the law, however each change will come into effect in phases.
The following table outlines key changes currently in force:
| Section No. of Bill-14 | Amendments to the RTA |
|---|---|
| 9 | The definition of “authorized internet site” has been added to the RTA, this site, maintained by the residential tenancy director, will be used for the purposes of landlords providing tenants notices and other purposes described under the Act. |
| 12 | Section 22.1 has been added to the RTA which restricts landlords from increasing rent when a minor is added as an occupant or when an occupant who was a minor when the tenancy was signed reaches adulthood. |
| 15 | Section 44.1 has been added to make clear that if the termination of tenancy is issued by the landlord that the relevant circumstances have either occurred or the landlord had reasonable belief that the relevant circumstances have occurred. |
| 17 | Section 49(2) has been amended to reflect the notice period for a landlord to end a tenancy for their own purposes, which has been increased from two to four months, unless a different period is prescribed. At this time, no period has been prescribed. |
| 19 | Section 49 has been amended to include subsection 6.1 which restricts a landlord from ending tenancy for their own or close family use, or purchaser's or their close family use if the building where the rental unit is located has 5 or more rental units and is not stratified or is stratified with all rental units owned by the same owner. |
| 20 | Section 49(8) has been amended to reflect new tenant dispute periods for a notice to end a tenancy. The period has been extended from 15 days to 30 days for all reasons unless a different period is prescribed. At this time, no alternative period has been prescribed. |
| 23 | Section 51 has been amended stating that when the landlord ends the tenancy to allow occupancy for the landlords own personal use, the landlord must occupy the rental unit for 12 months unless a different period is prescribed. At this time, no alternative period has been prescribed. |
| 28 | Section 53.1 has been added to the RTA which outlines a mandatory system that landlords must use for providing notices to end a tenancy. Landlords will be required to pay a fee to obtain a generated notice and must not change the information in a generated notice unless authorized in writing by the director or by the RTA. |
| 31 | Section 58 of the RTA puts restrictions on the RTB's ability to resolve certain disputes including those for tenant compensation in amounts over $65,000. Claims for compensation in excess of this amount must be brought in the Supreme Court. |
| 35 | Section 95(1) has been amended to incorporate Section 22.1 [restriction on varying rent based on number of occupants] and Section 44.1 [landlord prohibition respecting ending tenancies]. Failure to follow these rules will result in a person being liable on conviction to a fine of $5,000 or less. |
| 41-44 | These sections indicate the transitional provisions relating to changes to varying rent based on number of occupants, the effect of notices based on the dates they were issued or received and how these amendments will impact existing applications for dispute resolution. For example, if a notice was given before or on April 2, 2024, the old RTA rules apply and if the notice is given after April 2, 2024, these new amendments to the RTA apply. |
This list highlights certain changes which were felt to be of broad interest. Various other amendments to the RTA that have come into effect as of May 16, 2024 and July 18, 2024 have not been incorporated in this list.
KEY TAKEWAYS:
Understanding Bill-14 Tenancy Statutes Amendment Act is crucial for both tenants and landlords as it creates substantial changes to each parties' rights and obligations.
We expect further changes to come into force by regulation of the Lieutenant Governor in Council and take effect throughout summer of 2024. The link to the amendments made in Bill-14 is available here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.