Section 1 (1) BEFORE amended by BC Reg 3/2024, effective February 28, 2024.
(1) In this regulation, "Act" means the Residential Tenancy Act, S.B.C. 2002, c. 78.
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 2 was renumbered as section 2 (1) by BC Reg 3/2024, effective February 28, 2024.
Section 2 (1) (part) BEFORE amended by BC Reg 3/2024, effective February 28, 2024.
(1) Rental units operated by the following are exempt from the requirements of sections 34 (2), 41, 42 and 43 [assignment and subletting, rent increases] of the Act if the rent of the units is related to the tenant's income:
Section 2 (2) was added by BC Reg 3/2024, effective February 28, 2024.
Section 8 (a) and (c) BEFORE amended and (b) was repealed by BC Reg 254/2015, effective January 1, 2016.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Section 10 (3) BEFORE repealed by BC Reg 278/2016, effective December 2, 2016.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 (2) BEFORE amended by BC Reg 171/2022, effective July 11, 2022.
(2) For the purposes of section 97 (2) (a.1) of the Act [prescribing circumstances when landlord may include term requiring tenant to vacate], the circumstances in which a landlord may include in a fixed term tenancy agreement a requirement that the tenant vacate a rental unit at the end of the term are that
(a) the landlord is an individual, and
(b) that landlord or a close family member of that landlord intends in good faith at the time of entering into the tenancy agreement to occupy the rental unit at the end of the term.
Section 13.1 (3) was added by BC Reg 171/2022, effective July 11, 2022.
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 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 22 (2), (4) and (5) BEFORE repealed by BC Reg 184/2022, effective September 9, 2022.
(2) For the purposes of section 43 (1) (a) of the Act, in relation to a rent increase with an effective date on or before December 31, 2018, a landlord may impose a rent increase that is no greater than the amount calculated as follows:
| percentage amount = inflation rate + 2%. |
(a) given notice under section 42 of the Act for a rent increase with an effective date on or after January 1, 2019 before subsection (3) comes into force, and
(b) included in the notice a rent increase in an amount calculated in accordance with subsection (2) of this section,
the landlord must give a second notice, before the effective date in the notice described in paragraph (a), of the rent increase in an amount calculated in accordance with subsection (3) of this section.
(5) For certainty, the notice period in section 42 (2) of the Act does not apply to the second notice required under subsection (4) of this section.
Section 22.1 BEFORE self-repealed by BC Reg 477/2003, effective January 1, 2024.
Rent increase — 2023
22.1 (1) Despite section 22, this section applies to a rent increase with an effective date on or after January 1, 2023 and before January 1, 2024.
(2) The definition in section 22 (1) applies to this section.
(3) For the purposes of section 43 (1) (a) of the Act, in relation to a rent increase with an effective date on or after January 1, 2023 and before January 1, 2024, a landlord may impose a rent increase that is no greater than 2%.
(a) before September 9, 2022 given notice under section 42 of the Act for a rent increase with an effective date on or after January 1, 2023 and before January 1, 2024, and
(b) included in the notice a rent increase in an amount calculated in accordance with section 22,
the landlord must give a second notice, before the effective date of the rent increase in the notice described in paragraph (a) of this subsection, of the rent increase in the applicable amount calculated in accordance with subsection (3) of this section.
(5) For certainty, the notice period in section 42 (2) of the Act does not apply to the second notice required under subsection (4) of this section.
(6) This section is repealed on January 1, 2024.
[en. B.C. Reg. 184/2022, Sch. 2, s. 2.]
Section 22.2 BEFORE self-repealed by BC Reg 477/2003, effective January 1, 2025.
Rent increase — 2024
22.2 (1) Despite section 22, this section applies to a rent increase with an effective date on or after January 1, 2024 and before January 1, 2025.
(2) For the purposes of section 43 (1) (a) of the Act, in relation to a rent increase with an effective date on or after January 1, 2024 and before January 1, 2025, a landlord may impose a rent increase that is no greater than 3.5%.
(a) before September 11, 2023 given notice under section 42 of the Act for a rent increase with an effective date on or after January 1, 2024 and before January 1, 2025, and
(b) included in the notice a rent increase in the applicable amount calculated in accordance with section 22 of this regulation,
the landlord must give a second notice, before the effective date of the rent increase in the notice described in paragraph (a) of this subsection, of the rent increase in the applicable amount calculated in accordance with subsection (2) of this section.
(4) For certainty, the notice period in section 42 (2) of the Act does not apply to the second notice required under subsection (3) of this section.
(5) This section is repealed on January 1, 2025.
[en. B.C. Reg. 207/2023, Sch. 2.]
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 23.3 (2) BEFORE amended by BC Reg 174/2021, effective January 1, 2022.
(2) Subject to subsection (3), an additional rent increase for eligible capital expenditures may only be imposed in the first 12 months in which it may be imposed to comply with the timing and notice requirements set out in section 42 of the Act.
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 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.
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 (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 39 (j) BEFORE amended by BC Reg 132/2024, effective June 28, 2024.
(j) a registered psychologist who is authorized by the College of Psychologists of British Columbia to practise psychology;
Section 40 (c) BEFORE amended by BC Reg 132/2024, effective June 28, 2024.
(i) referred to in section 39 (g) to (j) or (l) or is an occupational therapist who is authorized by the College of Occupational Therapists of British Columbia to practise occupational therapy, and
(ii) designated for this purpose by a board within the meaning of the Health Authorities Act.
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:
Section 43 BEFORE amended by BC Reg 227/2024, effective July 15, 2024.
Other means of giving or serving documents
43 (1) For the purposes of section 88 (j) [how to give or serve documents generally] of the Act, the documents described in section 88 of the Act may be given to or served on a person by emailing a copy to an email address provided as an address for service by the person.
(2) For the purposes of section 89 (1) (f) [special rules for certain documents] of the Act, the documents described in section 89 (1) of the Act may be given to a person by emailing a copy to an email address provided as an address for service by the person.
(3) For the purposes of section 89 (2) (f) of the Act, the documents described in section 89 (2) of the Act may be given to a tenant by emailing a copy to an email address provided as an address for service by the tenant.
[en. B.C. Reg. 42/2021, App. 2.]
Section 43 (4) was added by BC Reg 227/2024, effective July 15, 2024.
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.