The following electronic version is for informational purposes only.
The printed version remains the official version.
MR. JORDAN STURDY
This Bill establishes a maximum allowable annual rent increase in respect of residential leases and licences of occupation on Crown land by reference to the maximum allowable annual rent increase in respect of leases governed by the Residential Tenancy Act as set out in section 43 (1) (a) of that Act.
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 In this Act:
"Crown land" means either of the following:
(a) Crown land as defined in the Land Act;
(b) Crown land as defined in the Ministry of Lands, Parks and Housing Act;
"rent" means the consideration to be paid by a tenant to a landlord under a residential lease agreement or licence of occupation, but does not include either of the following:
(a) a security deposit; or
(b) other prescribed fee;
"rental unit" means a living accommodation rented or intended to be rented to a tenant;
"residential property" means
(a) a building, a part of a building or a related group of buildings, in which one or more rental units or common areas are located,
(b) the parcel or parcels on which the building, related group of buildings or common areas are located,
(c) the rental unit and common areas, and
(d) any other structure located on the parcel or parcels;
"security deposit" means any money, property or right paid or given by a tenant to a landlord that is
(a) to be held by or for the landlord as security for the performance of an obligation or the payment of a liability by the tenant, or
(b) to be returned to the tenant on the happening of an event specified in a lease or licence.
2 (1) Despite any other enactment, this Act applies to a residential lease agreement or licence of occupation in respect of Crown land, rental units and other residential property on Crown land.
(2) Except as otherwise provided in this Act, this Act applies to a lease or licence agreement entered into before and after this Act comes into force.
3 A landlord must not increase rent except in accordance with this Act.
4 (1) A landlord must not impose a rent increase for at least 12 months after whichever of the following applies:
(a) if the tenant's rent has not previously been increased, the date on which the tenant's rent was first payable in respect of the residential lease or licence of occupation, rental unit or other residential property;
(b) if the tenant's rent has previously been increased, the effective date of the last rent increase made in accordance with this Act.
(2) A landlord must give a tenant written notice of a rent increase at least 3 months before the effective date of the increase.
5 A landlord may impose a rent increase only up to the amount
(a) that is equal to the permitted annual rent increase in respect of a tenancy governed by the Residential Tenancy Act and calculated in accordance with section 43 (1) (a) of that Act for the relevant period, or
(b) agreed to by the tenant in writing.
6 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations for any other purpose for which regulations are contemplated by this Act.
7 This Act applies to all rent increases imposed on or after the date this Act comes into force.
8 This Act comes into force on the date of Royal Assent.
This Bill establishes a maximum allowable annual rent increase in respect of residential leases and licences of occupation on Crown land by reference to the maximum allowable annual rent increase in respect of leases governed by the Residential Tenancy Act as set out in section 43 (1) (a) of that Act.