Origins of Renoviction Laws in British Columbia and Ontario

Author
Jasmine Jasani
| Published at
November 28, 2024
| Updated on
November 25, 2024
Author
Jasmine Jasani
Published at
November 28, 2024
Updated on
November 25, 2024
Explore how New Westminster, B.C., led the fight against renovictions, influencing amendments to the British Columbia Residential Tenancy Act for enhanced tenant protections

KEY TAKEAWAYS

New Westminster's Pioneering Role: In 2019, New Westminster, B.C., implemented a groundbreaking bylaw to combat renovictions, mandating landlords to provide temporary housing for tenants during renovations and allowing them to return at the same rent post-renovation.

Significant Reduction in Renovictions: Following the bylaw's enforcement, renovictions in New Westminster plummeted from 333 households between 2016 and 2018 to zero since 2019.

Provincial Legislative Alignment: In November 2021, British Columbia amended the Residential Tenancy Act to incorporate protections against renovictions, rendering New Westminster's specific bylaw redundant.

The City of New Westminster, British Columbia, was the first to implement a renoviction bylaw to tackle the growing issue of bad-faith evictions under the guise of renovations. Initially introduced in 2016 as part of a broader Renovictions Action Plan, these measures evolved into a groundbreaking 2019 bylaw requiring landlords to provide temporary housing and allow displaced tenants to return at the same rent.

While these efforts effectively reduced renovictions to zero by 2019, subsequent amendments to British Columbia's Residential Tenancy Act (RTA) in 2021 integrated these protections into provincial law, rendering the local bylaw obsolete. 

However, New Westminster served as a model for renoviction bylaws across Ontario. Hamilton, Toronto, and London city councils are the three cities thus far to have passed renoviction bylaws set to take effect in 2025.

What is renoviction? 

Renovictions have increased over the past few years. Renoviction occurs when a landlord illegitimately evicts a tenant by claiming that the property needs to be vacant for extensive renovations. It is an eviction done in bad-faith. 

British Columbia’s Residential Tenancy Act (RTA) lacked the robust mechanisms necessary to combat renovictions effectively. The original legislation provided landlords with the ability to issue eviction notices for renovations but did not require sufficient proof that these renovations genuinely necessitated a tenant's removal.

 Additionally, landlords were not obligated to provide displaced tenants with temporary housing or guarantee their right to return at the same rent after the renovations were completed. This lack of safeguards left tenants vulnerable to bad-faith evictions, 

The Origins of Renoviction Laws in British Columbia

In 2016, the City of New Westminster staff became aware of a few evictions occurring in buildings undergoing renovations. This prompted them to create a Renovictions Action Plan to address the issue before it escalated. 

Under this plan, the city implemented various initiatives to support tenants facing renovictions, including providing updated information on tenants' rights, distributing a renovictions fact sheet, and offering the Tenant Survival Guide. They assisted tenants in checking landlords' permits, issued stop-work orders when necessary, and responded to inquiries about potential evictions. 

However, these efforts did little to curb renovictions, which were still on the rise. 

Renovictions Bylaw, New Westminster, BC

In June 2019, New Westminster amended its Business Regulations and Licensing Bylaw  to include Schedule 6

This addition was implemented to discourage renovictions by requiring landlords to provide temporary housing for displaced tenants and allow them to return to their units at the same rent after renovations. The city also introduced fines to enforce these regulations. 

Below is the summary of Schedule 6:

Summary of Schedule 6

Category Description
Unsafe Dwelling Units A dwelling unit that is deemed unsafe due to damage from natural disasters, fire, water, smoke, insect infestations, or structural failure. A written report from an architect, engineer, or relevant authority must confirm the damage.
Restrictions on Evictions Owners cannot require tenants to vacate for renovations or repairs unless all necessary permits are obtained and the tenant is either offered a new tenancy agreement for a comparable or better unit or provided temporary accommodation.
Comparable Units A comparable unit must be in the same neighborhood, owned by the same landlord, have the same or more bedrooms, meet maintenance standards, and have rent equal to or less than the original unit's rent.
Rent Increase Restrictions Rent increases after renovations are not allowed unless approved as an "additional rent increase" under the Residential Tenancy Act.

These cumulative actions caused a significant decrease in renovictions. A report by the Toronto Star in 2021 stated that “According to city statistics, renovictions went from a combined 333 households between 2016 and 2018 to zero since 2019, when the bylaw came into force.

In 2021, City Council of New Westminster initiated the process of repealing Part 6 of the Business Regulations and Licensing (Rental Units) Bylaw. Following amendments to the Residential Tenancy Act in July 2021, which now cover similar areas, Part 6 of the bylaw was no longer functional, prompting the repeal.

Integration into B.C Residential Tenancy Act

In November 2021, the British Columbia Residential Tenancy Act (RTA) was amended to address the growing concerns surrounding renovictions. 

The integration of renoviction regulations aimed to provide greater protections for renters by establishing clearer rules that landlords must follow when issuing eviction notices for renovations. This legislative change required landlords to provide tenants with detailed information about the nature and duration of the proposed work, as well as to demonstrate a genuine need for vacant possession. 

Here is a summary of the amendments to the Act:

BC Residential Tenancy Act Changes

Comparison of BC Residential Tenancy Act Changes (Pre and Post 2021)

Aspect Pre-2021 Post-2021 Section Reference
Notice Process Landlord could directly issue 4-month notice Landlord must obtain RTB pre-approval before issuing notice Section 49.2(1)
Permits No pre-verification required Must have all permits and approvals before applying Section 49.2(2)(a)
Burden of Proof Tenants had to prove bad faith Landlord must prove they followed through with stated purpose Section 44.1
Dispute Process After notice received Before notice can be issued Section 49.2(3)
Renovation Standards No explicit standards in Act Must prove renovations are "necessary to prolong or sustain use" Section 49.2(2)(b)
Vacancy Requirement No explicit proof needed Must prove vacancy is only reasonable way to complete work Section 49.2(2)(c)
Compensation One month's rent One month's rent plus potential 12-month penalty for non-compliance Section 51(1) & Section 51.3

Conclusion

New Westminster’s renoviction bylaw marked a turning point in tenant protection, significantly curbing bad-faith evictions and setting a precedent for municipal action. The integration of these measures into British Columbia’s Residential Tenancy Act in 2021 demonstrates the growing recognition of renovictions as a systemic issue, highlighting the importance of strong legislative frameworks to protect renters. While New Westminster's bylaw is no longer active, its legacy underscores the potential for local innovations to shape provincial policies.

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Jasmine Jasani
Growth Advisor

About the Author

Jasmine Jasani is the Growth Advisor at Openroom, specializing in strategic planning and customer retention. With a background in psychology, law, digital tools, and communication, she effectively leverages technology to drive organizational success.

As the Executive Director of Brockville’s Business Improvement Area (BIA), she spearheaded the city’s first digital gift card program and secured federal funding to support digital transformation initiatives for SMEs. Previously, at the United Nations High Commissioner for Refugees (UNHCR), Jasmine played a key role in implementing digital solutions to overcome COVID-19 challenges and streamlined intra-organizational case processing modalities.

Jasmine's belief in the power of knowledge was shaped by her personal experiences as a renter. While working as a legal assistant earlier in her career, she encountered issues with her landlord. Her boss, a partner at the firm, quickly assessed her situation and cited the relevant law, empowering her to assert her rights. This experience reinforced Jasmine's commitment to using knowledge to foster healthy and informed communities.

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