Residential Tenancy Act RESIDENTIAL TENANCY REGULATION, includes amendments up to December 2, 2016

Click here or on the pdf file to learn more or read an excerpt below.

Part 1 — General

Definitions

1(1) In this regulation, “Act” means the Residential Tenancy Act, S.B.C. 2002, c. 78.

(2) For the purposes of section 4 (f) of the Act[what the Act does not apply to], “transitional housing” means living accommodation that is provided

(a) on a temporary basis,

(b) 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

(c) together with programs intended to assist tenants to become better able to live independently.

[am. B.C. Reg. 278/2016, Sch. s. 1.]

Exemptions from the Act

2  Rental units operated by the following are exempt from the requirements of sections 34 (2), 41, 42 and 43 of the Act [assignment and subletting, rent increases] if the rent of the units is related to the tenant’s income:

(a) the British Columbia Housing Management Commission;

(b) the Canada Mortgage and Housing Corporation;

(c) the City of Vancouver;

(d) the City of Vancouver Public Housing Corporation;

(e) Metro Vancouver Housing Corporation;

(f) the Capital Region Housing Corporation;

(g) any housing society or non-profit municipal housing corporation that has an agreement regarding the operation of residential property with the following:

(i) the government of British Columbia;

(ii) the British Columbia Housing Management Commission;

(iii) the Canada Mortgage and Housing Corporation;

(iv) a municipality;

(v) a regional district;

(h) any housing society or non-profit municipal housing corporation that previously had an agreement regarding the operation of residential property with a person or body listed in paragraph (g), if the agreement expired and was not renewed.

[am. B.C. Regs. 249/2008; 278/2016, Sch. s. 2.]

Definition of “unconscionable”

3  For the purposes of section 6 (3) (b) of the Act[unenforceable term], a term of a tenancy agreement is “unconscionable” if the term is oppressive or grossly unfair to one party.

Schedule

[am. B.C. Regs. 234/2006, s. 22; 223/2015, App. 3, s. 9; 278/2016, Sch. ss. 6 and 7.]

Occupants and guests

9  (1) The landlord must not stop the tenant from having guests under reasonable circumstances in the rental unit.

(2) The landlord must not impose restrictions on guests and must not require or accept any extra charge for daytime visits or overnight accommodation of guests.

(2.1) Despite subsection (2) of this section but subject to section 27 of the Act [terminating or restricting services or facilities], the landlord may impose reasonable restrictions on guests’ use of common areas of the residential property.

(3) If the number of occupants in the rental unit is unreasonable, the landlord may discuss the issue with the tenant and may serve a notice to end a tenancy. Disputes regarding the notice may be resolved by applying for dispute resolution under the Residential Tenancy Act.

BC RESIDENTIAL TENANCY ACT, Current to March 8, 2017

Click here or on the pdf file to read the act or read an excerpt below.

What this Act does not apply to

4  This Act does not apply to

(a) living accommodation rented by a not for profit housing cooperative to a member of the cooperative,

(b) living accommodation owned or operated by an educational institution and provided by that institution to its students or employees,

(c) living accommodation in which the tenant shares bathroom or kitchen facilities with the owner of that accommodation,

(d) living accommodation included with premises that

(i) are primarily occupied for business purposes, and

(ii) are rented under a single agreement,

(e) living accommodation occupied as vacation or travel accommodation,

(f) living accommodation provided for emergency shelter or transitional housing,

(g) living accommodation

(i) in a community care facility under the Community Care and Assisted Living Act,

(ii) in a continuing care facility under the Continuing Care Act,

(iii) in a public or private hospital under the Hospital Act,

(iv) if designated under the Mental Health Act, in a Provincial mental health facility, an observation unit or a psychiatric unit,

(v) in a housing based health facility that provides hospitality support services and personal health care, or

(vi) that is made available in the course of providing rehabilitative or therapeutic treatment or services,

(h) living accommodation in a correctional institution,

(i) living accommodation rented under a tenancy agreement that has a term longer than 20 years,

(j) tenancy agreements to which the Manufactured Home Park Tenancy Act applies, or

(k) prescribed tenancy agreements, rental units or residential property.

This Act cannot be avoided

5  (1) Landlords and tenants may not avoid or contract out of this Act or the regulations.

(2) Any attempt to avoid or contract out of this Act or the regulations is of no effect.

Enforcing rights and obligations of landlords and tenants

6  (1) The rights, obligations and prohibitions established under this Act are enforceable between a landlord and tenant under a tenancy agreement.

(2) A landlord or tenant may make an application for dispute resolution if the landlord and tenant cannot resolve a dispute referred to in section 58 (1) [determining disputes].

(3) A term of a tenancy agreement is not enforceable if

(a) the term is inconsistent with this Act or the regulations,

(b) the term is unconscionable, or

(c) the term is not expressed in a manner that clearly communicates the rights and obligations under it.

Terminating or restricting services or facilities

27  (1) A landlord must not terminate or restrict a service or facility if

(a) the service or facility is essential to the tenant’s use of the rental unit as living accommodation, or

(b) providing the service or facility is a material term of the tenancy agreement.

(2) A landlord may terminate or restrict a service or facility, other than one referred to in subsection (1), if the landlord

(a) gives 30 days’ written notice, in the approved form, of the termination or restriction, and

(b) reduces the rent in an amount that is equivalent to the reduction in the value of the tenancy agreement resulting from the termination or restriction of the service or facility.

Assignment and subletting

34  (1) Unless the landlord consents in writing, a tenant must not assign a tenancy agreement or sublet a rental unit.

(2) If a fixed term tenancy agreement is for 6 months or more, the landlord must not unreasonably withhold the consent required under subsection (1).

(3) A landlord must not charge a tenant anything for considering, investigating or consenting to an assignment or sublease under this section.

Rent increases

41  A landlord must not increase rent except in accordance with this Part.

Timing and notice of rent increases

42  (1) A landlord must not impose a rent increase for at least 12 months after whichever of the following applies:

(a) if the tenant’s rent has not previously been increased, the date on which the tenant’s rent was first established under the tenancy agreement;

(b) if the tenant’s rent has previously been increased, the effective date of the last rent increase made in accordance with this Act.

(2) A landlord must give a tenant notice of a rent increase at least 3 months before the effective date of the increase.

(3) A notice of a rent increase must be in the approved form.

(4) If a landlord’s notice of a rent increase does not comply with subsections (1) and (2), the notice takes effect on the earliest date that does comply.

Amount of rent increase

43  (1) A landlord may impose a rent increase only up to the amount

(a) calculated in accordance with the regulations,

(b) ordered by the director on an application under subsection (3), or

(c) agreed to by the tenant in writing.

(2) A tenant may not make an application for dispute resolution to dispute a rent increase that complies with this Part.

(3) In the circumstances prescribed in the regulations, a landlord may request the director’s approval of a rent increase in an amount that is greater than the amount calculated under the regulations referred to in subsection (1) (a) by making an application for dispute resolution.

(4) [Repealed 2006-35-66.]

(5) If a landlord collects a rent increase that does not comply with this Part, the tenant may deduct the increase from rent or otherwise recover the increase.

Unconscionable Definition

Click here to learn more from the Duhaime’s Law Dictionary or an excerpt below.

 

A bargain or contract which is clearly unfair, exorbitant, harsh, contrary to common sense or good conscience.

25 Gluten-Free Flour Substitutions

Click here to learn more or read an excerpt below.

 

Beans and Legumes

1. BEAN FLOURS

 

2. PEA FLOUR and GREEN PEA FLOUR

 

Grains

3. AMARANTH

4. CORN FLOUR

5. CORN STARCH 

6. CORNMEAL

7. MILLET

8. OAT FLOUR and OATS

9. RICE FLOUR

 

10. SORGHUM FLOUR

 

11. TEFF FLOUR

 

Grasses

12. BUCKWHEAT

13. MONTINA FLOUR

14. WILD RICE FLOUR

Nuts

15. ALMOND FLOUR and ALMOND MEAL

 

16. CHESTNUT FLOUR

17. COCONUT FLOUR

 

Seeds

18. FLAXSEED MEAL

19. SALBA

20. HEMP FLOUR

 

21. MESQUITE FLOUR

 

22. QUINOA

 

Tubers and Roots

23. POTATO FLOUR

 

24. POTATO STARCH

 

25. ROOT FLOURS (ARROWROOT, SWEET POTATO TAPIOCA)

 

 

 

Overexposed: The Startling Truth About CT Scans

This is why we don’t want for profit medical care. When hospitals purchase equipment to diagnose illnesses, it’s in the hospital’s interest to use it more. Click here to read the full article or an excerpt below.

 

multicolor ct scans

 

 

How Much Radiation Are You Really Getting in Your CT Scan?
1 CT head scan = 30 chest X-rays

1 CT chest scan = 119 chest X-rays

1 CT abdomen scan = 234 chest X-rays

 

Portable Rent Supplement Program 2017 Rent Ceiling Guide Posted: January 2017 Version 1.0

Click here to read the full report.

‘New’ wave-like cloud finally wins official recognition

I saw these clouds this year and I wondered how on earth they formed and if I’d ever seen them before. It’s nice to know this article validates my thoughts they are a new type of cloud. Click here to read the full article or the International Cloud Atlas from the World Meteorological Organization.

 

asperitas