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"Point in Time" Regulation Content

Residential Tenancy Act

Residential Tenancy Regulation

B.C. Reg. 477/2003

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 December 2, 2016
Section 1.1 May 29, 2020
Section 2 December 2, 2016
Section 3.1 February 18, 2020
Section 5 December 2, 2016
Section 8 January 1, 2016
Section 9 January 1, 2016
Section 10 December 2, 2016
Section 13.1 December 11, 2017
Section 15 March 11, 2021
Section 21.1 July 1, 2021
Section 22 September 26, 2018
Section 23 December 11, 2017
July 1, 2021
Section 23.1 July 1, 2021
Section 23.2 July 1, 2021
Section 23.3 July 1, 2021
Section 23.4 July 1, 2021
Section 24 March 11, 2021
Section 26 March 11, 2021
Section 29 March 11, 2021
Section 33 February 18, 2020
Section 34 February 18, 2020
Section 35 February 18, 2020
Section 37 February 18, 2020
Part 7 Section 38 to 42 December 2, 2016
Section 38 May 30, 2020
Section 39 September 4, 2018
May 30, 2020
September 1, 2020
Section 41 May 30, 2020
Section 42 May 30, 2020
Part 8 Section 43 and 44 March 1, 2021
Schedule Section 3 January 18, 2016
 March 11, 2021
Schedule Section 4 December 2, 2016
Schedule Section 6 July 1, 2021
Schedule Section 7 December 11, 2017
 Schedule Section 9 December 2, 2016
 Schedule Section 10 March 11, 2021

 Section 1 was renumbered as 1 (1) and (2) was added by BC Reg 278/2016, effective December 2, 2016.

 Section 1.1 was enacted by BC Reg 115/2020, effective May 29, 2020.

 Section 2 (g) (iv) and (v) were added by BC Reg 278/2016, effective December 2, 2016.

 Section 2 (h) was added by BC Reg 278/2016, effective December 2, 2016.

 Section 3.1 BEFORE amended by BC Reg 19/2020, effective February 18, 2020.

Public housing bodies

3.1   The persons and organizations set out in section 2 (a) to (g) of this regulation are prescribed as public housing bodies for the purposes of section 49.1 of the Act.

[en. B.C. Reg. 234/2006, s. 11.]

 Section 5 (3) was added by BC Reg 278/2016, effective December 2, 2016.

 Section 8 (a) and (c) BEFORE amended and (b) was repealed by BC Reg 254/2015, effective January 1, 2016.

Fee for starting application for dispute resolution

8   For the purposes of section 59 (2) (c) of the Act [starting dispute resolution], an applicant for dispute resolution must pay the following fees:

(a) for an application for a rent increase above the regulated limit, $200 plus $5 for each rental unit, to a maximum of $500;

(b) for a monetary application if the amount sought is in excess of $5 000, $100;

(c) for any other application, $50.

[am. B.C. Reg. 234/2006, s. 12.]

 Section 9 BEFORE amended by BC Reg 254/2015, effective January 1, 2016.

Fee for application for a review hearing

9   For the purposes of section 79 (3) (b) of the Act [application for review], an applicant for a review hearing must pay a fee of $25.

 Section 10 (3) BEFORE repealed by BC Reg 278/2016, effective December 2, 2016.

(3) For the purposes of section 65 (3) of the Act [payment to landlord], interest is payable at the rate of 4.5% below the prime lending rate of the principal banker to the Province on the first day of each calendar year, compounded annually, on any trust account that remains open for a period longer than one year.

 Section 13.1 was enacted by BC Reg 225/2017, effective December 11, 2017.

 Section 15 (1) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(1) The tenant may appoint an agent to act on his or her behalf to attend a condition inspection and sign a condition inspection report described in section 23 or 35 of the Act.

 Section 21.1 was enacted by BC Reg 174/2021, effective July 1, 2021.

 Section 22 (2), (3) and (4) BEFORE amended by BC Reg 184/2018, effective September 26, 2018.

(2) For the purposes of section 43 (1) (a) of the Act [amount of rent increase], a landlord may impose a rent increase that is no greater than the percentage amount calculated as follows:

percentage amount = inflation rate + 2%

(3) and (4) Repealed. [B.C. Reg. 234/2006, s. 17.]

 Section 22 (5) was added by BC Reg 184/2018, effective September 26, 2018.

 Section 23 (1) (a) BEFORE repealed by BC Reg 225/2017, effective December 11, 2017.

(a) after the rent increase allowed under section 22 [annual rent increase], the rent for the rental unit is significantly lower than the rent payable for other rental units that are similar to, and in the same geographic area as, the rental unit;

 Section 23 (1) BEFORE amended by BC Reg 174/2021, effective July 1, 2021.

Additional rent increase

23   (1) A landlord may apply under section 43 (3) of the Act [additional rent increase] if one or more of the following apply:

(a) Repealed. [B.C. Reg. 225/2017, App. 2, s. 2.]

(b) the landlord has completed significant repairs or renovations to the residential property in which the rental unit is located that

(i) could not have been foreseen under reasonable circumstances, and

(ii) will not recur within a time period that is reasonable for the repair or renovation;

(c) the landlord has incurred a financial loss from an extraordinary increase in the operating expenses of the residential property;

(d) the landlord, acting reasonably, has incurred a financial loss for the financing costs of purchasing the residential property, if the financing costs could not have been foreseen under reasonable circumstances;

(e) the landlord, as a tenant, has received an additional rent increase under this section for the same rental unit.

 Section 23 (2) BEFORE amended by BC Reg 174/2021, effective July 1, 2021.

(2) If the landlord applies for an increase under paragraph (1) (b), (c), or (d), the landlord must make a single application to increase the rent for all rental units in the residential property by an equal percentage.

 Section 23 (3) (f) BEFORE repealed by BC Reg 174/2021, effective July 1, 2021.

(f) a relevant submission from an affected tenant;

 Section 23 (5) BEFORE amended by BC Reg 174/2021, effective July 1, 2021.

(5) If the total amount of the approved increase is not applied within 12 months of the date the increase comes into effect, the landlord must not carry forward the unused portion or add it to a future rent increase, unless the director orders otherwise under subsection (4).

 Section 23.1 was enacted by BC Reg 174/2021, effective July 1, 2021.

 Section 23.2 was enacted by BC Reg 174/2021, effective July 1, 2021.

 Section 23.3 was enacted by BC Reg 174/2021, effective July 1, 2021.

 Section 23.4 was enacted by BC Reg 174/2021, effective July 1, 2021.

 Section 24 (1) (a) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(a) the tenant leaves the personal property on residential property that he or she has vacated after the tenancy agreement has ended, or

 Section 24 (1) (b) (i) and (ii) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(i) that, for a continuous period of one month, the tenant has not ordinarily occupied and for which he or she has not paid rent, or

(ii) from which the tenant has removed substantially all of his or her personal property.

 Section 26 (1) (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(1) If a tenant claims his or her personal property at any time before it is disposed of under section 25 or 29 [disposal of personal property], the landlord may, before returning the property, require the tenant to

 Section 26 (1) (a) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(a) reimburse the landlord for his or her reasonable costs of

 Section 29 (2) (c) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(c) a person claiming an interest in the property has made an application under subsection (7) or has brought an action to establish his or her interest in or right to possession of the property and the landlord has been notified of the application or action.

 Section 29 (3) (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(3) If a landlord disposes of personal property under subsection (2), he or she may retain proceeds of the sale sufficient to

 Section 29 (3) (a) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(a) reimburse the landlord for his or her reasonable costs of

 Section 33 (1) (part) BEFORE amended by BC Reg 19/2020, effective February 18, 2020.

(1) An opportunity to be heard provided for the purposes of section 94.1 (2) (a) of the Act may be, as the director considers appropriate in the circumstances,

 Section 34 BEFORE amended by BC Reg 19/2020, effective February 18, 2020.

Consequences of failing to appear or provide submissions

34   If a person who is given notice under section 33 (2) of this regulation fails to provide submissions or to appear when required by the notice or under section 33 (4), as applicable, the director may proceed without further notice to make an order under section 94.1 of the Act in respect of the person.

[en. B.C. Reg. 60/2008, Sch. s. 2.]

 Section 35 BEFORE amended by BC Reg 19/2020, effective February 18, 2020.

Payment of administrative monetary penalty

35   An administrative penalty must be paid within 60 days after the date of the order under section 94.1 of the Act to which it relates.

[en. B.C. Reg. 60/2008, Sch. s. 2.]

 Section 37 (1) (part) and (2) (part) BEFORE amended by BC Reg 19/2020, effective February 18, 2020.

(1) An agreement under section 94.1 (4) of the Act must set out the following information:

(2) An agreement under section 94.1 of the Act must include the following terms and conditions:

 Section 37 (1) (c) BEFORE amended by BC Reg 19/2020, effective February 18, 2020.

(c) the address where the contravention referred to in section 94.1 (1) (a) of the Act occurred or in respect of which the order or decision referred to in section 94.1 (1) (b) of the Act was made.

 Section 37 (2) (d) BEFORE amended by BC Reg 19/2020, effective February 18, 2020.

(d) that the full amount of the administrative penalty imposed under section 94.1 of the Act is payable on the date under paragraph (b) if the actions are not carried out as required or by that date.

 Part 7, sections 38 to 42 were enacted by BC Reg 278/2016, effective December 2, 2016.

 Section 38 definition of "family violence confirmation statement" BEFORE amended by BC Reg 116/2020, effective May 30, 2020.

"family violence confirmation statement" means a confirmation statement that confirms a tenant's eligibility, under section 45.1 (2) (a) of the Act [eligibility to end fixed term tenancy], to end a fixed term tenancy;

 Section 38 definition of "household violence confirmation statement" was added by BC Reg 116/2020, effective May 30, 2020.

 Section 39 (h) and (i) BEFORE amended by BC Reg 152/2018, effective September 4, 2018.

(h) a nurse or registered nurse who is authorized by the College of Registered Nurses of British Columbia to practise nursing;

(i) a nurse, registered psychiatric nurse or psychiatric nurse who is authorized by the College of Registered Psychiatric Nurses of British Columbia to practise psychiatric nursing;

 Section 39 (part) BEFORE amended by BC Reg 116/2020, effective May 30, 2020.

Eligibility to confirm risk of family violence

39   The following persons may make a family violence confirmation statement:

 Section 39 (h) and (i) BEFORE amended by BC Reg 206/2020, effective September 1, 2020.

(h) a registered nurse who is authorized by the British Columbia College of Nursing Professionals to practise nursing;

(i) a registered psychiatric nurse or psychiatric nurse who is authorized by the British Columbia College of Nursing Professionals to practise psychiatric nursing;

 Section 41 (a) BEFORE amended by BC Reg 116/2020, effective May 30, 2020.

(a) may make the confirmation statement only after assessing the tenant and the tenant's circumstances, and

 Section 42 (1) (part) BEFORE amended by BC Reg 116/2020, effective May 30, 2020.

(1) A person who makes a confirmation statement must keep the confirmation statement, its contents and the tenant's circumstances confidential, providing the confirmation statement to the following persons only:

 Part 8, sections 43 and 44, was enacted by BC Reg 42/2021, effective March 1, 2021.

 Schedule, section 3 BEFORE amended by BC Reg 223/2015, effective January 18, 2016.

Pets

3   Any term in this tenancy agreement that prohibits, or restricts the size of, a pet or that governs the tenant's obligations regarding the keeping of a pet on the residential property is subject to the rights and restrictions under the Guide Animal Act.

 Schedule, section 3 BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(b) his or her rental unit, unless the landlord agrees in writing to, or the director has ordered, the change.

 Schedule, section 4 (4) BEFORE amended by BC Reg 278/2016, effective December 2, 2016.

(4) A right of the tenant to the return of a security deposit or a pet damage deposit, or both, is extinguished if the tenant fails to perform the tenant's obligations under section 23 and 35 of the Residential Tenancy Act.

 Schedule, section 6 (1) BEFORE amended by BC Reg 174/2021, effective July 1, 2021.

(1) Once a year the landlord may increase the rent for the existing tenant. The landlord may only increase the rent 12 months after the date that the existing rent was established with the tenant or 12 months after the date of the last legal rent increase for the tenant, even if there is a new landlord or a new tenant by way of an assignment. The landlord must use the approved Notice of Rent Increase form available from any Residential Tenancy office or Government Agent.

 Schedule, section 7 (1) BEFORE amended by BC Reg 225/2017, effective December 11, 2017.

(1) The tenant may assign or sublet the rental unit to another person with the written consent of the landlord. If this tenancy agreement is for a fixed length of 6 months or more, the landlord must not unreasonably withhold consent. Under an assignment a new tenant must assume all of the rights and obligations under the existing tenancy agreement, at the same rent. The landlord must not charge a fee or receive a benefit, directly or indirectly, for giving this consent.

 Schedule, section 9 (2.1) was added by BC Reg 278/2016, effective December 2, 2016.

 Schedule, section 10 (3) (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(b) his or her rental unit, unless the landlord agrees in writing to, or the director has ordered, the change.