HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Right of first refusal

1 The Residential Tenancy Act, S.B.C. 2002, c. 78, is amended by adding the following section:

49.2 (1) A tenant who receives notice of termination of a tenancy for the purpose of repairs or renovations may, in accordance with this section, have a right of first refusal to occupy the rental unit as a tenant when the repairs or renovations are completed.

(2) A tenant who receives notice of termination of a tenancy for the purpose of conversion of the residential property to strata title under the Strata Property Act may, in accordance with this section, have a right of first refusal to purchase the property after its conversion to a strata title.

(3) A tenant who wishes to have a right of first refusal must give the landlord notice in writing before vacating the rental unit.

(4) If a tenant exercises a right of first refusal, the terms of the original agreement remain upon the tenant's re-occupation of the rental unit.

(5) A tenant who exercises the right of first refusal may re-occupy the rental unit at a rent that is no more than what the landlord could have lawfully charged if there had been no interruption in the tenancy.

2 The Residential Tenancy Act, S.B.C. 2002, c. 78, is amended by adding the following section:

52.1 Notice given to a tenant under subsection 49 (6) must be accompanied by proof that all relevant permits and approvals required by law are in place.

3 The Residential Tenancy Act, S.B.C. 2002, c. 78, is amended by adding the following subsection:

49 (6.1) A notice under subsection 49 (b) or subsection 49 (c) must inform the tenant that if he or she wishes to exercise the right of first refusal under subsection 49.2 (1) or subsection 49.2 (2), he or she must give the landlord notice of that fact in accordance with subsection 49.2 (3) before vacating the rental unit.

Increased notice

4 Subsection 49 (2) (a) of the Residential Tenancy Act, S.B.C. 2002, c. 78, is amended:

49  (2) Subject to section 51 [tenant's compensation: section 49 notice], a landlord may end a tenancy for a purpose referred to in subsection (3), (4), (5) or (6) by giving notice to end the tenancy effective on a date that must be

(a) not earlier than 4 months after the date the tenant receives the notice,

5 Subsection 49.1 (3) (a) of the Residential Tenancy Act, S.B.C. 2002, c. 78, is amended:

49.1  (3) Unless the tenant agrees in writing to an earlier date, a notice under this section must end the tenancy on a date that is

(a) not earlier than 4 months after the date the notice is received,

Increased compensation

6 Subsection 51 (1) of the Residential Tenancy Act, S.B.C. 2002, c. 78, is amended:

51  (1) A tenant who receives a notice to end a tenancy under section 49 [landlord's use of property] and who chooses not to exercise the right of first refusal, is entitled to receive from the landlord on or before the effective date of the landlord's notice an amount that is the equivalent of two months' rent payable under the tenancy agreement.

Increased time allowance for eviction due to non-payment of rent

7 Subsection 46 (1) of the Residential Tenancy Act, S.B.C. 2002, c. 78, is amended:

46  (1) A landlord may end a tenancy if rent is unpaid on any day after the day it is due, by giving notice to end the tenancy effective on a date that is not earlier than 14 days after the date that the tenant receives the notice.

8 Subsection 46 (4) of the Residential Tenancy Act, S.B.C. 2002, c. 78, is amended:

46  (4) Within 10 days after receiving a notice under this section, the tenant may

(a) pay the overdue rent, in which case the notice has no effect, or

(b) dispute the notice by making an application for dispute resolution.

 
Explanatory Note

This Act amends the Residential Tenancy Act to provide more protection for tenants. It increases the amount of notice that a landlord must give a tenant in the event of renovations that require the tenant to vacate their residence, and of conversion to strata title, and increases the compensations payable to tenants in these circumstances.

It also allows the tenant the right of first refusal, giving them the option of continuing residence following the renovations or conversion, and prohibits the landlord from raising the rent any more than would otherwise be lawful.

Finally, it allows the tenant increased time to pay overdue rent or dispute the eviction notice, and increased time before eviction due to the non-payment of rent.

This Act is an acknowledgement of the imbalance of power that exists between landlords and tenants, particularly with regards to the many avenues available for landlords to eject tenants with very little notice and compensation. With this Act British Columbia recognizes and protects the rights and interests of tenants in a way that is fair and reasonable to landlords.