MR. ANDREW WEAVER

BILL M 206 – 2019

RESIDENTIAL TENANCY AMENDMENT ACT, 2019

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

1 Section 45.1 of the Residential Tenancy Act, S.B.C. 2002, c. 78, is amended

(a) in subsection (1) by adding "and section 45.2" after "In this section" and by adding the following definitions:

"household violence" means violence that has adversely affected a tenant or occupant's quiet enjoyment, security, safety or physical well-being or is likely to adversely affect those if the tenant or occupant remains in a rental unit, including

(a) physical abuse of the tenant or occupant, including forced confinement or deprivation of the necessities of life, but not including the use of reasonable force to protect oneself or others from harm,

(b) sexual abuse of the tenant or occupant,

(c) attempts to physically or sexually abuse the tenant or occupant,

(d) psychological or emotional abuse of the tenant or occupant, including

(i) intimidation, harassment, coercion or threats, including threats respecting other persons, pets or property,

(ii) unreasonable restrictions on, or prevention of, the financial or personal autonomy of the tenant or occupant,

(iii) stalking or following the tenant or occupant, and

(iv) intentional damage to property, and

(e) in the case of an individual under the age of 19, direct or indirect exposure to violence against the tenant or occupant;

"occupant" means an individual, other than a tenant, who occupies a rental unit. ,

(b) by repealing subsection (2) (a) and substituting the following:

(a) if the tenant remains in the rental unit, the safety or security of

(i) either the tenant or a dependant of the tenant who lives in the rental unit is or is likely at risk from family violence carried out by a family member of the tenant, or

(ii) either the tenant or occupant is or is likely at risk from household violence; , and

(c) by adding the following subsection:

(5) For certainty, a reference in this section or section 45.2 to "occupant" includes a dependant of a tenant or occupant, if the dependant occupies the rental unit.

2 Section 45.2 (1) (b) is amended by adding "and, if applicable in respect of household violence, the occupant and the occupant's circumstances" after "the tenant's circumstances".

Commencement

3  This Act comes into force by regulation of the Lieutenant Governor in Council or on the date that is one year after the date of Royal Assent, whichever is earlier.