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.

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