On Monday, amidst the Government of Canada announcing two significant changes to mortgages, it also quietly published the "blueprint" that is guiding its upcoming Renters' Bill of Rights.
"This Blueprint sets out a policy approach for fair and well-functioning renting systems centred on four principles that are aligned with the right to adequate housing," the government said.
"Federal, provincial and territorial governments share a responsibility to fulfill the right to adequate housing by providing the necessary investments to address core housing need and by providing affordable and non-market housing options to Canadians," the government added. "With increased investments, the current protections in place should be strengthened to support renters. This Blueprint for a Renters' Bill of Rights is meant to express the Federal Government's policy objectives to do just that – by building a national consensus to protect renters."
Promised as part of Budget 2024, the Renters' Bill of Rights will be centred on the following four principles.
1. Ensuring everyone has a safe and affordable place to call home
"Canadians who rent deserve safe, suitable, and affordable homes located in livable communities near employment and services," said the Government of Canada, who adds that it is working towards this via the Canada Rental Protection Fund, the Short-Term Rental Enforcement Fund, and the removal of federal taxes for the construction of new rental housing.
Towards this goal, the federal government is now calling on provincial and territorial governments to take actions such as establishing mechanisms to "protect against instability in the rental market" (rental assistance, rent banks, protections against excessive rent increases), supporting rental housing options that account for a diverse range of needs (students, families, seniors, individuals with accessibility requirements), and modernizing regulations to "prioritize and encourage the creation of long-term, affordable and non-market rental housing stock."
2. Fostering fairness and transparency
"Transparency and ethical practices are foundational elements of a healthy and functioning rental housing sector," the Government of Canada says.
With the Renters' Bill of Rights, which Prime Minister Justin Trudeau said would be "developed and implemented in partnership with provinces and territories" in his March announcement, is calling on governments to standardize processes related to renting (leasing agreements, background checks, receipts for rent paid), making pertinent renting information accessible (unit title, rental history, rental pricing, state of repair), implementing measures to enhance transparency (introducing codes of conduct, standard pricing guidelines, initiatives to assist in renter relocation), establishing mechanisms to track and report on filings to increase rent or evict tenants, and enshrining existing tenant rights in legislation.
3. Addressing inequity and discrimination
"For many Canadians, renting is a practical choice," the Government of Canada says. "For others, renting is the more affordable housing option or a step on the path to home ownership. Renters are often youths, seniors, Indigenous peoples, persons with a disability, single parent families or newcomers. These same groups are also more likely to experience discrimination based on factors such as race, ethnicity, gender, age, sexual orientation, disability or family status. Discrimination in the rental market has significant effects, perpetuating cycles of poverty and social exclusion as well as increasing the risk of homelessness, housing instability and economic hardship."
To address these concerns, the federal governments says it wants to see data be leveraged to understand the experiences of equity-denied groups (racial, family composition, pet ownership), updating legislation to prevent such inequities, establishing and upholding minimum standards of rental housing (quality, maintenance, habitability), and adopting measures that promote or mandate proportionality (consideration of timing and fairness) in renting practices.
4. Safeguarding the system
"A fair and well-functioning rental system provides homes for millions of Canadians," the government says. "However, without proper regulations and enforcement measures, this system can be prone to exploitation and unfair practices. These practices come under more scrutiny when there are tight rental markets and weak tenant protections. To ensure fairness and to protect tenant rights, it is essential to have robust regulations in place and effective enforcement mechanisms to uphold them."
The federal government says it is doing this through the $15 million Tenant Protection Fund, which was announced alongside the Renters' Bill of Rights, and is asking provincial and territorial governments to introduce compulsory training for property owners and managers, ensure tenants are aware of their rights and responsibilities before signing a lease, implementing deterrents and enforcement mechanisms for bad-faith actors, and upholding formal processes to address complaints (closing loopholes, strengthening mediation, providing legal air or representation).
The Renters' Bill of Rights
It's unclear how the creation of the Renters' Bill of Rights will really work and the federal government has not provided any details about when it will formally be introduced.
They also acknowledge that it is the provinces and territories that make the rules when it comes to renting, and the aforementioned actions the federal government is calling on those governments to take suggests that the ball may be more in the provinces' courts, although the federal government has said it intends to introduce a nation-wide standard lease agreement and require landlords to disclose historic rent prices of apartments.
"This Blueprint for a Renter's Bill of Rights calls on jurisdictions across Canada to take measures to advance the rights of renters," the feds say, adding that it is calling on those governments to publish annual reports on how they are advancing the rights of renters in their jurisdictions.
In a press release on Monday, the Canadian Centre for Housing Rights called the blueprint an "important foundation," but said that it "lacks teeth."
"It's promising to see many measures in the Renters' Bill of Rights blueprint that would help level the playing field between landlords and renters," said Sara Beyer, Manager of Policy at the Canadian Centre for Housing Rights. "However, currently it lacks the strong federal direction needed to ensure that these critical protections for renters will actually be realized. Without requiring provinces and territories to amend their laws to ensure rents are well-regulated and that eviction is treated as a last resort, we're concerned that the Renters' Bill of Rights will be a missed opportunity to curb rising rental costs, and prevent evictions and homelessness."
As the federal government has also previously announced, implementing the Renters' Bill of Rights measures will be one of the key actions provincial governments will be asked to take in order to receive funding from the $6 billion Canada Housing Infrastructure Fund. The federal government says Provinces will have until January 1, 2025 (and territories until April 1, 2025) to secure an agreement via this fund, suggesting the Renters' Bill of Rights should be in place before then.
