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Renters across Canada are in crisis, facing growing housing insecurity due to the high cost and scarcity of housing options that meet their needs. Across the country, the cost of rental housing has increased rapidly over the past decade, and right now, half of renters are worried about being able to pay their rent. When affordable housing options are not available, lower income renters cannot afford other basics like food and medication, and are forced to live in precarious, inadequate and sometimes unsafe housing. 

At the Canadian Centre for Housing Rights, we hear these stories every day – renters who are in fear of losing their homes because they cannot afford the latest rent increase, or who are living in poorly maintained or overcrowded homes that put their health at risk, but have nowhere else they can afford to go.  

Recent polls show that increasing rental costs and the lack of affordable rental housing is a serious concern for 95% of Canadians. Every day, people across Canada are being pushed out of their homes. This is unacceptable and cannot continue – renters deserve fair rents and basic legal protections, and it’s time for our governments to step in and help ensure all renters can afford the housing they need.  

The housing affordability crisis did not happen overnight.  

At one time, our governments took a more active role in supporting our housing systems with programs and policies aimed at ensuring that housing remains affordable for Canadians across the income spectrum. From the 1940s to 1970s, governments across Canada played key roles in regulating housing markets and investing in the development of social and purpose-built rental housing. However, beginning in the 1980s and through the 2010s, governments progressively withdrew from their role regulating and investing in housing in the public interest. Their decision to do so has directly contributed to the current housing affordability crisis and growing rates of homelessness.  

It is not a coincidence that housing costs and rates of homelessness both grew during the 40-year period when governments scaled back their support and oversight of the housing system. This withdrawal has had many consequences, including rising housing costs, the stalling of construction of rental housing, and greater housing insecurity for low and middle income renters.  

It does not have to be this way. 

Now is the time for our governments to re-engage with the role they once played supporting a healthy housing system that protects renters and ensures they have a secure place to call home. A key way they can do this right now is by ensuring basic protections like rent regulations are in place across the country. Governments have a role to play in regulating businesses to promote healthy markets and protect consumers, and that must extend to rental housing. Currently, although some provincial and territorial laws provide a degree of rent regulation, renters are not adequately protected against excessive rent increases anywhere in Canada.  

In the absence of strong laws that regulate rents, private landlords are free to charge rents far higher than what is necessary to cover their expenses and make a reasonable profit. This practice is known as rent gouging, and it’s causing rents to climb excessively across Canada to the point that half of renters are worried about being able to pay their rent. In many places, price gouging laws prohibit businesses from taking advantage of emergencies to overcharge for basic necessities. Yet, even though housing is a basic necessity and a human right, rent gouging is legal everywhere in Canada. 

Also, the regulations that are in place vary across the country. For example, some provinces have rules for calculating allowed rent increases above the limits, but the formulae used are broken, allowing landlords to impose excessive increases that widen their profit margins at renters’ expense. Other provinces allow unlimited rent increases across the board.   

Long-term solutions don’t need to take a long time. 

Solving Canada’s housing affordability crisis requires cross-governmental and cross-sectoral collaboration on both long- and short-term initiatives. The creation of new affordable housing is key, but requires an extensive investment of time, resources and collaboration to implement. In the meantime, it is crucial that we protect the few affordable homes that still exist. One quick and cost-effective way this can be done is through provincial and territorial governments implementing strong rent regulations to ensure that rents are fair and renters have basic protections to live securely in their homes.   

Last year, hundreds of people across the country joined our call on the federal government to take action to ensure that all renters across Canada have a secure place to call home. Now we’re calling on all provincial and territorial governments to do their part.  

Join us in this push to save renters’ homes and demand action on affordability by writing to your provincial or territorial representatives. 

Housing is a human right, and it’s time for our governments to take action to protect renters’ right to live securely in their homes. 


Donate today to support the campaign.

FOR IMMEDIATE RELEASE

Toronto, ON – November 22, 2023 – On National Housing Day, the Canadian Centre for
Housing Rights launched the Secure Homes for Renters Campaign to urge all provincial and
territorial governments to implement strong rent regulations so that renters have fair rents and
basic protections to live securely in their homes.

Rent regulations should be a basic protection afforded to every renter, but the current
regulations that are in place vary widely across the country, and none of them adequately
protect renters from excessive rent increases. For example, in half of the country – Alberta, New
Brunswick, Newfoundland and Labrador, Saskatchewan, Alberta, Nunavut, and Northwest
Territories – landlords do not need a reason to raise rents, and rents can be raised by any
amount, even if the landlords’ costs have not increased. In other provinces – like Ontario, British
Columbia, and Quebec – varying rules exist for calculating allowable rent increases, but the
formulae used are broken and allow excessive, unreasonable increases. In some provinces,
landlords are also incentivized to evict renters because the rules make it easier to raise rents for
new renters.

In the absence of strong laws that regulate rent, landlords are free to charge rents far higher
than what is necessary to cover their expenses and make a reasonable profit. This is known as
rent gouging, and it’s causing rents to climb excessively. As a result, the cost of rental housing
has increased rapidly over the past decade, and right now, half of renters are worried about
being able to pay their rent. Recent polls show that increasing rental costs and the lack of
affordable rental housing is a serious concern for 95% of Canadians.

“Today the reality that tenants face is worse than last year. Affordability challenges are growing
with the continued lack of affordable housing, the rise in the cost of other consumer goods like
food, and the impacts of inflation on households’ ability to keep a roof over their heads. People
cannot afford to keep up.” said Annie Hodgins, CCHR’s Executive Director. “It’s time for our
governments to re-engage with the role they once played supporting a healthy housing system
that protects renters.”

Renter households as a group are more vulnerable to housing insecurity than homeowners.
Rent regulation is a quick and cost-effective way that provincial and territorial governments can
protect housing affordability and security for renters across Canada.

CCHR is encouraging people across Canada to send a letter to their Premier and minister
responsible for housing, asking that they immediately implement strong rent regulation
measures to help protect renters’ homes and curb rising unaffordability.

“All renters in Canada have the right to fair rents. It shouldn’t matter which province or territory
they live in, but right now, it does.” said Hodgins. “This must change. Implementing strong rent
regulations in every province and territory is a critical way we can keep more people housed in
this very challenging economic climate and ensure that all renters have basic protections in their
homes.”


Media contact:
Shelley Buckingham
Director of Communications, Canadian Centre for Housing Rights
Email: media [at] housingrightscanada.com


The latest developments in housing policy from across Canada:

NATIONAL

  • Oral hearings for the financialization review panel began on October 23 

    The oral hearings for Canada’s first human rights review panel on the financialization of purpose-built rental housing began on October 23, 2023, after the panel received 194 written submissions from stakeholders across the country. During the first week, the panel heard from the Federal Housing Advocate, experts on the impacts of financialization, and organizations with expertise on human rights and the right to adequate housing. CCHR joined fellow experts to elaborate on our submission detailing the impacts of the financialization of purpose-built rental housing on tenants across Canada, to answer questions, and to recommend solutions to address financialization.  

  • Advocates across Canada hold National Day of Action for social housing

    On October 5, housing advocates across the country joined a National Day of Action organized by the Social Housing and Human Rights initiative, calling on the federal government to invest in social housing. Rallies for the Day of Action took place in Ottawa, Winnipeg, Edmonton, Vancouver, Mount Pearl, Victoria and Thunder Bay. Advocates made a unified call urging the federal government to act on its legal obligation to fulfill the right to housing by investing in a minimum of 30,000 new social housing units annually over 10 years, where rents are no more than 30% of household income in perpetuity. They also urged the government to invest in the acquisition, construction, operation, and maintenance of new and existing public, non-profit, and cooperative-owned housing that meets the unique and varied requirements of people experiencing core housing need and homelessness. Advocates emphasized that these measures are necessary to combat the loss of affordable housing which is happening at an alarming rate for various reasons, including because existing properties are not being maintained or because operating agreements for funding are expiring.  
      
  •  Federal Housing Minister says to expect new housing measures in the fall budget update  

    In a news conference this month, Housing Minister Sean Fraser said that more housing measures will be revealed in the fall fiscal update. Some of the expected measures include tying federal infrastructure spending to housing outcomes in local communities, more policies geared toward increasing the stock of social housing and increasing workers’ skills and innovation in the construction industry. He said that there will also be measures to address financialization of housing. On the issue of short-term rentals, Minister Fraser said that the federal government could discourage short-term rentals through federal tax rules and could make federal funding for other levels of government conditional on those governments also taking steps to discourage short-term rentals. The federal government has started reaching deals with some municipalities as part of the Housing Accelerator Fund, and Minister Fraser said the government is prioritizing funding to cities that are proposing the most ambitious policies to address the housing crisis, such as ending exclusionary zoning and using municipal lands to build more housing. 

  • Research report shows that Canada’s rental crisis is getting worse 

    According to a report analyzing rental listings across Canada, the national average asking price for rent in September 2023 was $2,149, which represents an increase of more than 11% from 2022. Toronto and Vancouver still have the most expensive rents in Canada, but other major Canadian cities are catching up, such as Calgary which witnessed an increase of 13% to the asking rent for one and two bedrooms. 

ATLANTIC CANADA

NOVA SCOTIA  

  • Nova Scotia releases housing plan  

    Nova Scotia’s Housing Minister announced the province’s housing plan which will entail spending $1 billion over the next five years to help increase housing supply. Many of the initiatives in the plan are a continuation of previously announced programs, such as low-interest loans to help non-profit groups purchase and maintain affordable housing. New measures include a “backyard suite” incentive program. Nova Scotia currently faces a shortage of 27,300 units, spiraling housing costs, and one of the fastest growing populations in Canada. The plan has been criticized for lacking a definition of affordable rent or mortgage, clear commitments to build publicly owned and operated housing, and clear goals.  

CENTRAL CANADA

ONTARIO

  • Toronto City Council votes to increase the vacant home tax to 3%  

    Toronto City Council has voted to increase the City’s vacant home tax from 1% to 3% amid the growing housing crisis. Council also approved a motion to direct at least $10 million of any additional revenue from the tax increase to a City housing program that will provide grants to non-profit housing operators to buy rental housing from the private market. The vacant home tax was first introduced in December 2021, with the goal of making more units available on the rental market. Toronto Mayor Olivia Chow said during the spring by-election that the city wants to use revenues from the tax to fund the creation of affordable housing and the purchase of older buildings to protect affordable housing. City staff say that revenues amounted to $54 million after the first full year of the tax and are projected to be $105 million for 2025 after the increase is implemented.  

  • City of Toronto releases new housing plan  

    The City of Toronto has released a staff report which outlines recommended actions for strengthening Toronto’s housing system and addressing the needs of low- and middle-income households. The report is in response to City Council’s direction to develop a plan to approve 25,000 rent-controlled units, in addition to the units that are already planned in the City’s 10-year housing plan, bringing the total up to 65,000 rent-controlled homes by 2030. The report also includes five proposed sites where the City will act as a public builder, meaning that it will lead all aspects of the delivery of these sites. Mayor Olivia Chow is hoping that the recommended actions will allow 21,000 homes to be built within three years. The recommendations are contingent on significant financial investment from the provincial and federal governments. The recommendations in the report also include requesting the federal and provincial government to make legislative changes that will incentivize private developers to include more affordable rental units in their developments and prevent renovictions. The report was adopted by the Executive Committee on October 31, 2023, and will be considered by Toronto City Council on November 8, 2023.

QUEBEC

  •  Quebec plans to spend $1.8 billion on affordable housing in the next five years  

    The Government of Quebec and the Government of Canada reached an agreement under which the federal government will provide the province with $900 million under the Housing Acceleration Fund (HAF), which the province has pledged to match for a total of $1.8 billion. Quebec’s National Assembly unanimously adopted a motion pledging it would spend all this funding on non-market housing options over the next five years, including co-operative housing, low-income housing, and subsidized housing. Although housing advocates say the Assembly’s motion is a good sign, they will take the government’s promise seriously once it lays out its spending priorities.

WESTERN CANADA

British Columbia

  • British Columbia puts new legislation in place to address the rise in short-term rentals  

    British Columbia has put in place new legislation to help municipalities regulate short-term rentals. Short-term rentals are contributing to the housing crisis by affecting the availability and prices of long-term rental housing, and according to the province, they are now at an all-time high. The legislation limits short-term rentals to within a host’s home, or a basement suite or laneway home on the property where they reside. It also includes stronger enforcement provisions such as increased fines, the creation of a provincial enforcement unit, and a requirement that short-term rental platforms such as Airbnb share data with municipalities to improve local enforcement. Although some municipalities such as Vancouver already have strict rules on short-term rentals, they are struggling to enforce them and are welcoming the support from the province to help tackle this issue. Fairbnb Canada said the legislation had the potential to set a new standard for short-term rental regulation in Canada, and that it would monitor the development of fines for platform accountability. The announcement came a month after a new study from McGill University was published, which shows that short-term rentals eat up 19% of the available rental housing stock in the province and contribute to a 16% increase in rent prices.  

NORTHERN CANADA

NUNAVUT

  • Funding announced for housing units to be built in Nunavut  

    The Government of Canada and the Qikiqtani Inuit Association (QIA) are working together to invest nearly $30 million to construct 21 new housing units in Nunavut, as part of the federal government’s Rapid Housing Initiative. All rentals will include affordable and accessible units that will be designated for Indigenous residents and women. QIA President Olayuk Akesuk emphasized the need for continued investment towards improving the infrastructure gap in Canada’s Arctic and addressing the housing needs of Inuit communities in Nunavut.  
The latest developments in housing policy from across Canada:

NATIONAL

  • CMHC reports that 3.5 million homes will be needed to restore affordability 

    The Canadian Mortgage and Housing Corporation (CMHC) released an update to its Supply Gaps Estimate report of last year. The report estimates how many new homes need to be built in Canada by 2030 to restore housing affordability to 2004 levels. Last year, CMHC estimated that 3.5 million homes will still be needed, over and above what is already projected to be built by 2030. In its update, CMHC found that the gap this year is still 3.5 million homes.

  • The federal government introduces Bill C-56 to bolster rental housing construction  

    Prime Minister Justin Trudeau announced a series of measures to increase the supply of rental housing and tackle inflation on food prices. A core measure proposed is the removal of the Goods and Services Tax (GST) on new rental construction. Bill C-56, An Act to amend the Excise Tax Act and the Competition Act, was tabled by the Minister of Finance Chrystia Freeland and passed its first reading at Parliament on September 21. The bill increases the GST rental rebate from 36% to 100% to incentivize the construction of apartment buildings, student housing and senior residences. According to the Department of Finance Canada, this will provide homebuilders with a $25,000 tax relief on apartments valued at $500,000, and the initiative is expected to cost $4.5 billion between now and 2029. The rebate will be available to buildings with at least 4 apartments or 10 private rooms, as long as at least 90% of the units are used for long-term rental. The federal government has called on all provincial governments to apply the exemption to the provincial portion of the Harmonized Sales Tax (HST).

  • The federal government starts conditional allocation of the Housing Accelerator Fund

    On September 13, London, Ontario became the first municipality to secure $74 million from the federal government’s Housing Accelerator Fund, to speed up the development of 2,000 housing units over the next three years, on top of the 9,000 already planned. The funding is flexible, and London’s mayor indicated it might be used for increasing water and sewage capacity, incentivizing private landowners to convert office space into residences, create low barrier service hubs, and build 600 supportive housing units.   

    The agreement is the first of many that require municipalities to end exclusionary zoning in order to receive the funds. At the end of August, the City of London voted to increase density in residential areas without the need for re-zoning, and similar conditions were laid out in letters sent by the Minister of Housing, Infrastructure and Communities to the cities of Calgary, Brampton, and Halifax. Applications are being reviewed for Windsor and Saskatoon.  

ATLANTIC CANADA

NOVA SCOTIA  

  • New regulations in effect for Halifax’s short-term rentals

    New land-use regulations voted at Halifax Regional Council in February came into effect on September 1st. In residential zones, single room and entire unit short-term rentals are now only permitted if the owner lives in the home. Basement apartments and backyard suites may not be rented for fewer than 28 days. The objective of these regulations is to allow for more rental accommodation in the Halifax market.  

CENTRAL CANADA

ONTARIO

  • City of Toronto releases annual update on progress toward the HousingTO 2020-2030 Action Plan

    On September 21, the City of Toronto shared a progress report regarding its housing action plan. The implementation of the HousingTO 2020-2030 Action Plan has so far allowed the completion of 1,082 affordable and supportive homes for those experiencing homelessness and expediting approvals for 3,340 new homes. Furthermore, the City has committed $46 million in funding through the Multi-Unit Residential Acquisition (MURA) program, to help non-profit organizations acquire and secure 260 affordable rental homes. Other progress includes the administration of 3,300 housing benefits to help individuals maintain their current homes and the launching of new digital dashboards to help track accountability and transparency.  

QUEBEC

  • New report finds that homelessness in Quebec has increased by 44% since 2018 

    According to a recent report from Quebec’s Health Department, visible homelessness increased by 44% across the province between 2018 and 2022. The survey counted close to 10,000 people living on the streets or in shelters, half of which were in Montreal. However, the report also finds that the proportion of people experiencing homelessness in Montreal is in decline, and the increase in homelessness felt across the province is happening around secondary cities and in rural areas. While the report does not account for hidden homelessness, it recognizes that its incidence might be higher than visible homelessness. During the Union des municipalités du Québec (UMQ) Summit on Homelessness, the Minister of Social Services Lionel Carmant announced that a new homelessness count would take place in 2024 and promised an additional $15 million to fund emergency shelters. Quebec Mayor Bruno Marchand, along with Montreal Mayor Valerie Plante and several community organizations, stated that this pledge was not enough to address the homelessness crisis happening in Quebec.  

WESTERN CANADA

Manitoba

  • Affordable housing remains a top issue ahead of Manitoba’s provincial election 

    Manitobans will be heading to the polls on October 3rd for the province’s general election, and affordable housing remains a top issue for 20% of voters.  

    The NDP’s pledge for housing in Manitoba includes bringing the renters’ tax credit from $525 to $700, limiting landlord’s ability to apply for above-guideline rent increases, and developing a regulatory process to ensure affordability is maintained when a non-profit or co-operative tries to sell buildings that were designed to be affordable housing. Meanwhile, the PC’s housing platform focuses on removing land transfer taxes for first-time homeowners, helping senior homeowners defer their property taxes and investing in housing developments for homeless veterans.  

alberta

  • Calgary City Council approves new housing strategy 

    Between September 14-16, the City of Calgary held public hearings and debated on the recommendations issued in June by the Housing and Affordability Task Force. More than 150 people signed up to depute at City Council, and a majority of written submissions urged the municipal government to adopt all of the Task Force’s recommendations. One of the more controversial recommendations is a proposal for blanket rezoning citywide to create more density and housing diversity. Pressure mounted after the Minister of Housing, Infrastructure and Communities Sean Fraser sent a letter to the City of Calgary, requesting the adoption of the proposed new zoning designations in order for the City to receive funding from the Housing Accelerator Fund. Evidence from the City’s 2023 Housing Needs Assessment was also echoed during the deliberations, citing how the housing crisis is affecting a wide range of Calgarians, with 1 in 5 households who cannot afford their housing costs. At the conclusion of the 3-day meeting, Council voted 12-3 for the adoption of the City’s new housing strategy, “Home is Here.” The strategy aims to build 4,000 new homes every year, of which 75% would be non-market affordable housing units. In addition to zoning changes that remain to be discussed later this year, the amended strategy proposes to increase affordable supply through incentives for the development of secondary suites and transferring publicly-owned land for non-profit housing and emergency shelters. 

British Columbia

  • The provincial government reveals more details of pilot program to incentivize secondary suites 

    During a news conference on September 11, B.C. Premier David Eby unveiled details of the province’s Secondary Suite Incentive Program, voted in the 2023 budget. This initiative aims to finance the construction of 3,000 secondary suites through forgivable loans of up to $40,000 to cover 50% of construction costs. Rent for these secondary suites must be priced below market rates for five years, and secondary units cannot be rented to immediate family members. However, the $120 million incentive program is geared toward higher income homeowners, with stipulations such as providing enough equity as loan security, property value worth more than $2 million, and household income of over $209,000.  

    At the same news conference, the province’s Premier also announced the launch of the Single Housing Application Service (SHAS), a one-stop shop to expedite housing permit applications and eliminate the need for multiple applications across different ministries. The SHAS will be administered through staff of the Water, Land and Resource Stewardship, who will act as a single point of contact for permitting decisions. The province has also promised $61 million in funding to help municipalities accelerate development application approvals and meet the new provincial zoning requirements to be revealed later this fall.

  • Victoria allocates Airbnb tax funds to build affordable rentals for hospitality workers 

    On September 7, Victoria City Council voted to allocate $2.5 million from revenues collected through taxation on online short-term rental platforms, such as Airbnb, to fund an affordable workforce housing project destined to house hospitality workers. The project will be developed by the Greater Victoria Housing Society for a total of $18 million, most of which will be funded by the Canada Mortgage and Housing Corporation (CMHC). Other municipalities in B.C. have implemented similar measures to preserve their rental housing stock against the conversion of apartments into tourist accommodation. A study from McGill University shows that short-term rentals eat up 19% of the available rental housing stock in the province and contribute to a 16% increase in rent prices. Fairbnb is calling for stronger legislation on short-term rentals, to ensure they remain a form of home-sharing and proposes to establish a province-wide registry to ensure transparency and accountability.  

The Canadian Centre for Housing Rights (CCHR) proudly partnered with the Public Interest Law Centre (PILC) and other non-profit organizations in Manitoba on a project that aimed to prevent unnecessary evictions of vulnerable households in the province.

Across Canada, renters are increasingly struggling to find affordable housing and to remain in their homes. Eviction rates are shockingly high, with 7% of Canadian households reporting that they have been evicted at some point in their lives. Some of these households are evicted when they fall behind on rent because of temporary financial difficulties. Others are evicted because of solvable problems like noise complaints. With varying decisions related to the eviction of people from their rental homes, it is unclear how decisions are considered and whether alternative solutions were pursued.  

It is incumbent upon courts and tribunals to identify situations where eviction is not a necessary means to resolve disputes, and to prioritize alternative measures that will prevent people from unnecessarily losing their home. Many evictions are not necessary – and unnecessary evictions are a violation of the right to housing. People who are unnecessarily evicted from their homes may not find another permanent place to live and could experience homelessness as a result. This is why CCHR and our partners in Manitoba worked to develop legal arguments that will assist local advocates in fighting these evictions. 

In some provinces, the law allows tenancy tribunals to respect tenants’ right to housing by recognizing alternatives to eviction. This allows the tenant and landlord to pursue other ways to resolve their issues, considering each party’s circumstances and abilities, while meeting their contractual obligations. An important alternative to an eviction is called a conditional order, which is a way for a tribunal to recognize the many cases where eviction may be avoided. A conditional order directs a tenant to resolve an issue in their tenancy. For example, a tenant who owes rent can be given a repayment plan. A tenant who has been impacting their neighbours with excessive noise can be directed to make less noise. Conditional orders can prevent evictions, allowing for other solutions to resolve an existing tenancy issue while keeping a tenant housed and respecting the landlord’s interest in ensuring that issues are resolved. 

CCHR undertook detailed research into the history of conditional orders in Manitoba. We discovered that the Residential Tenancies Branch (RTB) used to routinely avoid evictions by making conditional orders. But in 2009-2010, the RTB suddenly, and without any explanation, largely abandoned this important eviction prevention tool. 

As a result, tenants in Manitoba are routinely subjected to unnecessary eviction with no consideration of alternative solutions and whether their tenancies actually need to end. 

CCHR worked with community organizations in Manitoba to develop legal arguments to persuade the RTB to resume the use of conditional orders as regular practice. In every eviction hearing, the RTB must approach eviction as a last resort, considering whether an eviction is really necessary, or whether a conditional order would be a better option. 

At the same time, we also worked to persuade the Manitoba government to amend its Residential Tenancies Act to provide that RTB adjudicators may only order an eviction if the landlord has proved that it is necessary and that a conditional order would not be possible.


This project was generously supported by the Manitoba Law Foundation.  


Learn more about conditional orders

There are many reasons that housing has become unaffordable across Canada, and financialization is one of them. Most housing stock in Canada has always been a commodity that is bought and sold and has market value. However, until relatively recently, governments routinely intervened in the housing market to maintain some measure of affordability for Canadians. 

Government retreat from housing oversight and regulation in the 1970s, 80s, and 90s has opened the door to financialization, laying the groundwork for the skyrocketing cost of housing that Canada has witnessed particularly over the past decade. 

These days, financialization is widely pointed to as a key driver of Canada’s housing affordability crisis. In this article, we aim to demystify financialization by outlining some of its key characteristics, how it has developed over the past several decades, and its impact on housing affordability in Canada.  

What is the financialization of housing? 

At a basic level, when people talk about the “financialization of housing” they are referring to changes in the role of housing in the economy. Financialization is a key reason that a one-bedroom apartment that used to rent for $888 in 2005 now rents for $1,537 in 2022

Financialization is a complex and abstract concept, and in order to understand it, it’s helpful to explore what it looks like. Three of its key characteristics are: 

  1. More housing stock is owned by investment and trading companies such as real estate investment trusts (REITs), private equity funds, asset management companies, and pension funds. An example of this is international corporations whose business models rely on buying “distressed assets” (often older apartment buildings built in the 1970s and 80s), and renovating them. Their explicit goal is to increase revenue by upgrading buildings and then raising rents, allowing them to provide higher financial returns to their shareholders. Canada’s largest financial firms alone now own 20% to 30% of Canada’s purpose-built rental housing stock. 
  2. Housing is understood by the public to be a smart investment vehicle (a way to extract profit from the market as rapidly as possible) and a way to grow wealth. It is favoured over many other forms of investment because of its high returns on investment. Large financial actors like REITs and corporations, but also small businesses and individual homeowners, are increasingly purchasing homes to rent out at the highest price possible. An example of this is increased speculation in the housing market by both large actors and individual “house flippers.” 
  3. Many investment portfolios widely offered to the public include residential real estate as an investment option. 

The above are expressions of the financialization of housing within the Canadian economy. The conditions that allowed for an increasingly financialized housing market in Canada have been made possible by government policies introduced over roughly the past forty years.  

Towards a financialized housing market in the 1970s, 80s and 90s  

Opening up new opportunities for investors   

In the 1970s and 80s, governments introduced new regulatory systems which allowed investors to invest in areas that had previously been considered non-financial sectors, including housing. Investment and trading companies were allowed to access more capital (wealth used for investment), take on more investment risk and mortgage debt, and create new financial products. In the 1990s, REITs were created to allow investors to jointly purchase shares in real estate. 

The weakening of rent regulation 

In the late 1970s, many provinces introduced laws regulating the rents that landlords could charge, to prevent rent gouging and keep rents at reasonable levels. These laws generally allowed landlords to increase rents to account for inflation and operating cost increases, but not to excessively inflate their profits. 

However, these laws were significantly weakened during the 1980s and 90s. Provinces introduced more and more exceptions to the rules, for example by allowing certain types of rental units – like high-end rental units, newer rental units, and units experiencing turnover – to be exempt from laws that place limits on rent increases.   

Rent regulation is an important way that housing remains affordable over time. Inadequate rent regulation allows widespread rent gouging, which happens when landlords charge rents that are far higher than what is necessary to run a profitable business. Charging high rents and finding ways to increase them perpetually is how financialized landlords extract the high profits that their shareholders and business partners are expecting.  

Renters often earn lower incomes than homeowners, and the practice of rent gouging forces lower-income households to pay higher percentages of their incomes to investors and corporations. This leads to a transfer of wealth upwards which increases income inequality. 

Government retreat from investment and oversight of housing 

Historically, governments in Canada acknowledged that the private market would not and could not produce housing that would be affordable to Canadians of all income levels. Acknowledging their obligation to ensure housing for everyone, for many years the federal and provincial governments were active in supporting and regulating housing systems in Canada to ensure everyone could afford a home.  

Up until the 1980s, the federal and many provincial governments funded a variety programs and projects that supported the development of affordable housing. Government interventions included subsidies and tax breaks for companies that developed and managed affordable housing such as co-operatives, non-profit  and social housing providers. From the 1940s to 70s, governments invested directly in the development of publicly owned (or social) housing and routinely provided tax incentives and exemptions to developers who created purpose-built rental housing. However, beginning in the 1980s, both orders of government progressively retreated from these important interventions in housing, and since then, Canadian governments have relied almost exclusively on the private market to meet Canadians’ diverse housing needs. This retreat from supporting Canada’s housing systems has directly contributed to the current affordability crisis and growing homelessness since the 1980s. 

Consequences of the financialization of housing in the 2000s, 10s and 20s  

Loss of affordable housing stock 

The number of housing units that are affordable to Canadian households is rapidly dwindling. Homes that used to have affordable rents have been subject to excessive rent increases in recent years due to rent gouging, which has been permitted by lack of rent regulation and competition due to a low stock of affordable housing. At the same time, existing affordable units are being systematically demolished and redeveloped by investors who see an opportunity to profit from charging higher rents in new developments. Still other former homes are being converted to even more lucrative businesses, such as AirBNB short-term rentals. Some formerly affordable rental units are even allowed to sit empty by investors speculating on the market. 

Lack of new affordable housing 

In recent years, various governments have introduced policies and funds they hope will encourage private developers to build more housing. While efforts to increase Canada’s housing supply are very important, new housing built by private developers tends to be built for investors; it is often not large enough to accommodate families, and more importantly, it is simply not affordable for most Canadian households. And research indicates that for every new affordable unit created, 15 existing affordable homes are lost to redevelopment and rent gouging.  

Importantly, the long-standing lack of government support and investment has led to a very stark shortage of deeply affordable housing that is affordable to Canada’s lowest income households who are the most vulnerable to homelessness. It is important for governments to acknowledge that this housing will never be produced by the private market.

Increased rates of displacement, eviction and homelessness  

In today’s housing landscape, where rents and the cost of living have skyrocketed, more and more families and individuals are losing their homes due to rent increases that they simply cannot afford.  Many households are struggling to get by, which is reflected in increased use of services like food banks since the pandemic

Others are losing their homes to investors whose business plans rely on regular rent increases facilitated by unit turnovers. Investors can evict tenants in a variety of ways, including by renovating a unit or claiming to need it for their or their family’s own use. These types of evictions have become so common in recent years that the term “renoviction” has come into common usage. Some investor landlords refer to these strategic unit turnovers explicitly in their business plans.  

Because of the dwindling supply of affordable housing, displaced households have fewer and fewer options. As a result, more and more people are experiencing homelessness.   

Geographic segregation 

When rents increase in certain communities, those communities become inaccessible for lower income households. This process is sometimes called “gentrification.” As housing prices increase, communities that had previously lived in certain neighbourhoods are gradually pushed out, often into areas that are far away and have lower quality services and opportunities. As a result, a type of income-based segregation is perpetuated.  

Poorly maintained housing 

In addition to rent gouging, investors can also realize excessive profits by reducing services in buildings.  Renters often report that buildings are not being adequately maintained, leading to substandard living conditions. Poor maintenance is particularly prominent in buildings that investors intend to redevelop, and deteriorating conditions can be used as an incentive to force renters to give up and leave, and to make the case that the building requires such substantial repairs that current residents must move out, or the building must be demolished. 

Disproportionate impact on historically marginalized groups 

Members of historically marginalized and equity-deserving groups are disproportionately lower-income than the general population, and more likely to live in inadequate and unaffordable housing. By relying on the private market to solve a problem that it is not designed to solve, governments are not respecting the right to housing of historically marginalized groups including Black, Indigenous and racialized communities, people with disabilities, seniors and youth among other groups.  

The path forward  

With the passage of the National Housing Strategy Act (NHSA) in 2019, for the first time in nearly half a century, the federal government re-acknowledged the important role it must play in housing. Crucially, the NHSA affirmed the federal government’s commitment to advancing the right to housing for everyone in Canada. The NHSA acknowledged that Canadians’ right to secure housing must be prioritized over other concerns, including those of real estate investors. This was a significant step in the right direction, but there is a lot of work that needs to be done to ensure this commitment translates into effective actions, programs and policies that will address housing affordability and mitigate the impacts of financialization in Canada. Federal, provincial, and municipal governments all have important roles to play to restore housing affordability and ensure everyone in Canada has a secure home. 


Can eviction be treated as a last resort in Manitoba? 

Eviction has a devastating impact on renter households and should only ever be used as a last resort.  Proportionality in eviction is a legal framework, required under international law, for ensuring that eviction will only be carried out when it is absolutely necessary and there is no reasonable alternative.  Unfortunately, Canada has not fully implemented a proportionality framework, and renter households continue to be evicted unnecessarily in every province and territory.  

Some provinces and territories have partially implemented a proportionality framework, by giving courts and tribunals the authority to choose alternatives to eviction. In Manitoba, when a landlord has a complaint about a problem in a tenancy, such as unpaid rent or allegations about a tenant’s behaviour, they can apply to a tribunal called the Residential Tenancies Branch (RTB). A Residential Tenancies Officer hears from the landlord and the tenant and makes a decision about how to resolve the complaint. If the complaint is upheld, the law gives the Officer broad powers to make various orders to resolve the issue. 

The role of conditional orders as an alternative to eviction

One of the resolutions available to the RTB is an order to evict a tenant, but other resolutions are also available. In particular, the RTB can make a “conditional order” requiring the tenant to resolve an issue.  In this case, the tenant will only be evicted if they do not do what they were ordered to do. For example, a tenant who owes rent can be ordered to pay it back on a repayment plan. A tenant who has been the subject of noise complaints can be ordered to make less noise. These are conditional orders to resolve an issue. 

Conditional orders are an essential part of the proportionality framework because they prevent unnecessary evictions where problems can be solved by other means. It is a strength of Manitoba law that RTB Officers are allowed to make these orders as an alternative to eviction. 

Is eviction being treated as a last resort in Manitoba?  

The Canadian Centre for Housing Rights (CCHR) analyzed the RTB’s decisions and tabulated conditional orders by year. Up until 2007, the Manitoba RTB routinely considered conditional orders as alternatives to eviction. For example, if a renter owed rent, the RTB would consider whether to give them an opportunity to avoid eviction through a repayment plan, by considering factors including: 

  • The reasons the renter had fallen behind, such as illness, reduction in work hours, or administrative errors. 
  • Whether the renter’s repayment plan was realistic based on their income. 
  • Whether the renter had made some payments when they were able to do so. 
  • The amount of rent they owed. 
  • Whether the landlord’s conduct had contributed to the problem. 
  • The hardship that eviction would cause the renter and their family. 

Although the RTB did not allow conditional orders in every case, it routinely considered doing so and gave written reasons for its decision. It often found conditional orders to be fair resolutions. 

In some cases, landlords agreed to conditional orders. However, when landlords did not agree, the RTB was still willing to make conditional orders when, after considering the landlord’s and tenant’s arguments, it concluded that it would be fair to do so. These are sometimes called “contested conditional orders.” 

However, the RTB’s use of conditional orders dropped dramatically between 2007 to 2010. From 2010 to the present, the RTB has made almost no conditional orders. This has severe implications for housing security and human rights. It means that renters are being evicted unnecessarily, when their housing could have been saved through conditional orders. 

Graph 1: A record of conditional orders made by the Residential Tenancies Branch in Manitoba, from 1999 to 2022. Source: CCHR, 2023.

Furthermore, the RTB no longer appears to even consider making conditional orders. The written reasons given for most of its decisions no longer consider whether a conditional order would be appropriate, or even acknowledge the possibility of one. In other words, eviction in Manitoba is not being treated as a last resort. 

The solution – how to treat eviction as a last resort in Manitoba 

Everyone has a role to play in ensuring that eviction is a last resort: 

  • The RTB can train its Officers to consider conditional orders as an alternative to eviction in every case, and to only order eviction as a last resort if they conclude that a conditional order would not be reasonable. 
  • The Manitoba government can amend Manitoba’s Residential Tenancies Act to explicitly direct Officers to treat eviction as a last resort in every case. 
  • The federal government can work with the provinces to insist that Canada meet its commitments to treat housing as a human right under international law. 
  • All levels of government can implement programs and funding to support renters in paying rent and resolving problems to stabilize tenancies. 
  • Landlords can explore solutions with renters and agree to reasonable solutions. 
  • Renters can work to resolve tenancy issues and share with their landlord and the RTB Officer assigned to their case what they are doing to make their tenancies work. 

Learn more

The latest developments in housing policy from across Canada:

NATIONAL

  • Federal Housing Advocate releases report on systemic housing issues in Canada  

    The Office of the Federal Housing Advocate released their annual report to the federal Housing Minister, outlining findings from submissions they received from 2022 to 2023 through their online public submission process that allows people from across Canada to report directly to the Advocate about systemic issues related to inadequate housing and homelessness. The report outlines systemic housing issues related to affordability, rising rents, the difficulty people face in securing housing, the lack of suitable housing options and the long waitlists to access deeply affordable housing. Submissions were made by people living on lower incomes, people with disabilities, women and gender-diverse people, many of whom shared their experiences with facing increasing barriers and discrimination. The Federal Housing Advocate provides recommendations for governments to urgently address these systemic housing issues and work towards solutions that implement the right to housing for all.

  • New report shows that rents are drastically rising beyond what minimum wage earners can afford 

    The Canadian Centre for Policy Alternatives (CCPA) released a study that found there is a significant gap between rental prices and what minimum wage workers can afford across Canada. Even in the provinces with the highest minimum wage such as British Columbia, Ontario and Alberta, there is a significant gap between what minimum-wage workers earn and how much they have to pay for rent on average. The report shows that the gap is even greater for people in receipt of social assistance, many of whom are forced to live in the private market rentals due to the limited social housing options available and long waitlists. The report recommends immediate solutions such as raising the minimum wage while also financing, building and acquiring purpose-built and social housing. The report also urges governments to regulate the rental market with stronger tenant protections and rent control.

  • Premiers meet in Winnipeg to discuss affordability, housing and healthcare 

    Premiers from across Canada gathered in mid-July for a three-day meeting in Winnipeg where affordability was one of the main topics of discussion. The Premier of British Columbia spoke about the need for affordable housing while the Premiers of Nunavut and Ontario called for more federal support for the construction of housing and addressing the housing crisis.   

  • Reports show that waiting times for subsidized housing depend on where people live

    One of the most pressing issues at the premiers’ meeting in Winnipeg was the long waiting lists for subsidized housing across the country. Reports show that as of 2021, more than 227,000 households were on the waiting list for social housing across the provinces. The length of time people must wait depends on where they live, with households having to wait for up to fourteen years for a one-bedroom unit in Toronto. The limited availability of deeply affordable housing options requires urgent response by our federal and provincial governments to repair and build more social housing across Canada.

  • Federal government provides funding for refugees seeking shelter in Toronto 

    Dozens of refugees were forced to camp out on the sidewalk outside a shelter intake office in Toronto after they were told that the shelters were at capacity, and that they should seek help from federal programs. The group spent weeks sleeping outside the office and being shuttled to a church north of the city to spend some nights. Following community mobilization and advocacy that resulted in public outcry, the federal government has announced that it will be providing an additional $210 million to fund interim housing for asylum seekers. About $97 million will be going to the City of Toronto. Toronto’s newly elected Mayor Olivia Chow welcomed the new federal funding but urged all levels of government to come together to find sustainable long-term funding solutions for cities in Canada that are welcoming refugees and asylum seekers who are in need of urgent housing supports. 


ATLANTIC CANADA

NEW BRUNSWICK

  • New Brunswick proposes inclusionary zoning regulation

    The Government of New Brunswick is proposing a new inclusionary zoning (IZ) regulation that would allow local governments to adopt a bylaw that requires developers to provide a certain percentage of new multi-unit developments as affordable housing. The proposed regulation is a response to the challenges people are facing in finding affordable and adequate housing. The proposed regulation will establish the frameworks for municipal governments choosing to adopt an IZ bylaw. Submissions are open and encouraged on the draft regulation.

NEWFOUNDLAND AND LABRADOR

  • Research shows that homelessness in Newfoundland and Labrador is under reported  

    According to several experts, the homelessness rates in Newfoundland and Labrador are not being accurately tracked. Given the lack of a central intake and tracking system used by organizations serving the unhoused population, only a snapshot of the experiences of homelessness is being captured in the province. Only some service providers capture data and share this information while point-in-time counts do not account for people experiencing hidden homelessness who may stay with friends and couch surf. Experts point out that these limitations are creating an urban bias in the province that discount those experiencing homelessness in rural areas who may not have the same access to shelters or services as those living in large urban centers. By establishing coordinated access and data sharing, and expanding the ways in which the experiences of homelessness are captured, governments are able to better allocate resources and funding to adequately address and end homelessness. 

NOVA SCOTIA  

  • Changes to the Nova Scotia rent supplement program is causing concerns for housing sector workers 

    A recent change to a program that helps low-income Nova Scotians pay for rental housing has many housing advocates concerned. The Canada-Nova Scotia Target Housing Benefit is a joint provincial-federal program that provides monthly funding to qualifying low-income renters or homeowners. It has been used to provide a two-month subsidy that people experiencing homelessness could apply to while in search of a rental unit. The subsidy helped applicants to assess what rent they could afford, pay for a damage deposit or cover the cost of moving. But the province recently changed the rules which require rental applicants to secure a lease first before being eligible to receive the subsidy. Housing advocates are worried that the change will greatly impact those it is meant to support, who will now have a more difficult time securing rental units in a tight rental market.  

CENTRAL CANADA

ONTARIO

  • The City of Toronto hires its first Deputy Ombudsman (Housing)

    Toronto’s first Deputy Ombudsman for Housing, Reema Patel, was announced this month, a new role established to investigate systemic housing issues and monitor the planning and delivery of Toronto’s housing services and programs. They will also engage with individuals and communities facing housing precarity and other adequacy challenges to advance fairness in housing access and program delivery.

QUEBEC

  • Quebec mayors call on the province to do more to curb unwarranted rent increases 

    The mayors of 14 Quebec municipalities have published an open letter demanding that the government establish a mandatory public rent registry to help ease the affordable housing crisis. They also denounced part of the Quebec government’s recently tabled housing legislation, Bill 31, which would prevent tenants from transferring their leases, which is one of the few tools that tenants could use to preserve affordable housing and rents. The open letter identifies the importance of a public rent registry which would allow all parties to learn about current rent prices, what a tenant paid before, and support dispute resolutions around excessive rent increases.  

  • Quebec receives $300 million from the federal government to build affordable housing amid a shortage 

    The federal government has committed to investing $300 million to build affordable housing in Quebec as the province deals with a housing shortage. As part of the Rapid Housing Initiative, the federal and provincial governments have agreed to build 1,600 social and affordable units with the new investment being dedicated to vulnerable groups, like women and children fleeing domestic violence, people with disabilities, and those experiencing homelessness. After moving day on July 1, many families are still looking for a place to live in the province. Housing group FRAPRU said that 500 families across Quebec did not have a lease after July 1, and that this number is likely much higher. Although FRAPRU welcomes the investment, they are calling for 10,000 units to be built for five consecutive years in Quebec to address the housing shortage. 

WESTERN CANADA

Manitoba

  • The Government of Manitoba launches new initiatives to address homelessness  

    The province has approved an investment of $25 million into five initiatives to modernize the government’s emergency response and shelter system, and provide more supportive and affordable housing. The funds will be used to allow better access to shelters, increase co-ordination within provincial departments and improve co-operation among all levels of government and community organizations. The funding will be divided between operating shelters, developing new community-based social housing units through rent supplement agreements, expanding existing supports and developing new Housing First teams, developing 212 new units, and supplementing interest free loans to 13 non-profit and co-operative organizations. 

The problem

Evictions are an unfortunate reality in Canada. Nearly one out of 10 Canadian households (7%) report that they have been evicted at some point in their lives. Provincial laws use evictions to address a wide range of issues, such as financial difficulties leading to unpaid rent, disputes between neighbours, safety concerns, owners’ changing plans, and more. Undeniably, these issues need to be addressed. However, eviction is a blunt instrument which has devasting impacts on renter households. It should only ever be used as a last resort.

In Canada, evictions are not always a last resort. Eviction laws in Canada do not adequately address alternatives to eviction. Instead, laws frequently treat eviction as the only solution available to address tenancy issues. To take just a few real-life examples of how alternatives to evictions are not systematically pursued:

  • In Manitoba, a tenant is evicted because she owes $450 in rent – even though she can pay the full amount by the next day.1
  • In Newfoundland, a tenant is evicted even though he can afford his rent because, during the COVID-19 pandemic, he paid half of his rent at the start of each month and half in the middle of the month.
  • In Prince Edward Island, a tenant asks for a chance to pay her rent arrears to avoid eviction. The Director of Residential Rental Property refuses to even consider the request before ordering the eviction.
  • In Yukon, a landlord is unable to prove that their tenant has done anything to warrant eviction – but eviction is ordered anyway.
  • In Saskatchewan, a tenant is evicted because they owe $5.
  • In Quebec, a tenant is evicted because they owe $2.

In each of these cases, and countless others, a renter lost their home unnecessarily because the law did not require that the adjudicator consider any alternative to eviction.

In order to pursue eviction as a last resort, proportionality can be used as an assessment tool.

Defining proportionality

Proportionality is a legal framework for deciding whether an eviction is necessary. Under a proportionality framework, a household can only be evicted if all of the following are true:

  • The eviction must have a legitimate objective.
  • Eviction must be necessary to achieve the objective, and there must be no reasonable alternative. 
  • The consequences of eviction must be proportionate to the objective.

The proportionality framework requires that an adjudicator consider all the circumstances of the case, and only order eviction if they are satisfied that all three of the above conditions have been met. The adjudicator must consider the interests of both the tenant and the landlord, but must come to their own objective conclusion as to whether eviction is really necessary.

The proportionality framework was originally developed by the European Court of Human Rights.2 Council of Europe member states are required to incorporate the framework into their eviction laws. A household facing eviction in Europe can appeal to the Court of Human Rights if the proportionality of the eviction is not properly considered.

The proportionality framework has also been adopted by the United Nations Committee on Economic, Social and Cultural Rights, which uses it to determine whether evictions around the world are compliant with the right to housing under the International Covenant on Economic, Social and Cultural Rights (ICESCR).3 Almost every country in the world, including Canada, has ratified the ICESCR. Hence, countries which carry out evictions without a proportionality assessment are in contravention of their obligations under the ICESCR. Unfortunately, there is no legal mechanism to force Canada and other non-compliant countries to meet their obligations.

Proportionality in Canadian law

Eviction laws are different in every province and territory. In Ontario, Saskatchewan,4 Quebec,5 and Northwest Territories, legislation explicitly allows adjudicators the discretion to consider alternatives to eviction. Court and tribunal decisions have confirmed that adjudicators also have that discretion in Alberta,6 New Brunswick,7 and Manitoba,8 and in some cases in Yukon.9 The law gives adjudicators little to no discretion in British Columbia. The law is unclear in Nova Scotia, Newfoundland,10 Nunavut,11 and Prince Edward Island.12

This means that in some parts of Canada, but not others, adjudicators have the authority to avoid unnecessary evictions by considering reasonable alternatives. This is an important policy which makes a real difference in the lives of countless renter households.

However, no Canadian law requires that adjudicators follow a proportionality framework in eviction decisions. Hence, while adjudicators are often allowed to choose alternatives to eviction, they are not required to refuse eviction in cases where reasonable alternatives are available. In every part of Canada, renter households continue to be evicted unnecessarily.

The solution – how to implement proportionality in Canada

Proportionality in eviction is an important legal framework to ensure that eviction is always treated as a last resort. Provinces and territories can implement the framework by:

  • Amending their residential tenancies laws to ensure that adjudicators have the authority to choose alternatives to eviction.
  • Amending their residential tenancies laws to direct that adjudicators must choose alternatives to eviction, except in cases where eviction is the only reasonable solution.
  • Training adjudicators to treat eviction as a last resort.
  • Ensuring that tenants have full, fair access to legal advice and to tribunal proceedings so that they can participate in eviction decisions.

Proportionality as a tool to respond to Canada’s affordability crisis

The proportionality framework is an important tool for preventing unnecessary evictions. However, it cannot solve the housing crisis or fully protect households from eviction by itself. That is because it does not address the underlying causes of problems that lead to eviction.

For example, if a household falls behind on their rent, the proportionality framework can protect them from eviction by giving them the opportunity to pay back the rent on a repayment plan. However, this will not be enough if the rent is no longer affordable because of inadequate rent regulation that leads to unaffordable rent increases.

Governments must ensure that renters not only have access to affordable homes but are also able to maintain their tenancy. It is important that our governments implement eviction prevention policies like the proportionality framework to stabilize housing and reduce housing precarity. However, proportionality is not a silver bullet and the road to housing security for renters across Canada will also require governments to implement policies that address the root causes of our housing affordability crisis.



References

1 Manitoba Residential Tenancies Branch (RTB), ORDER NO: 2002W3538 & 2002W3539 (2002) (Unpublished decision available from the RTB through a subscription service).

2 The framework applies to all human rights in Europe. Its application to the human right to the home was confirmed in McCann v. the United Kingdom, no. 19009/04, ECHR 2008 at para. 50.

3 Lopez Alban et al. v. Spain, E/C.12/66/D/37/2018 (2019); Rosario Gomez-Limon Pardo v. Spain, E/C.12/67/D/52/2018 (2020); El Goumari and Tidli v. Spain, E/C.12/69/D/85/2018 (2021); El Ayoubi and El Azouan Azouz v. Spain, E/C.12/69/D/54/2018 (2021); Soraya Moreno Romero v. Spain, E/C.12/69/D/48/2018 (2021); Lorne Joseph Walters v. Belgium, E/C.12/70/D/61/2018 (2021).

4 Residential Tenancies Act, 2006, SS 2006, c R-22.0001, s.70(6); Williams v Elite Property Management Ltd., 2021 SKQB 46 (CanLII).

5 Civil Code of Québec, CQLR c CCQ-1991, s.1973; Sylvania Construction c. Boretsky, 2011 QCCQ 7008 (CanLII).

6 615247 Alberta Ltd. v. Wimperis, 2007 ABQB 55; Gosine v. Hepas, 2008 ABQB 321.

7 Nethervue Park v. MacKinnon et al., 2013 NBQB 15; Haldor Ltd v Ross, 2022 NBQB 14.

8 Unpublished decisions of the Manitoba Residential Tenancies Branch (RTB), available from the RTB by subscription service.

9 G.H. v H.A., 2021 YTRTO 5 (CanLII); A.J. & R.J. v F.N., 2021 YTRTO 4 (CanLII); J.B. & M.H. v E.H., 2020 YTRTO 9 (CanLII).

10 The Newfoundland Residential Tenancies Office does not appear to have ever considered that it could have the discretion to make an order other than eviction.

11 The Nunavut Residential Tenancies Office does not publish its decisions, and the Nunavut courts have not considered the question of discretion in eviction decisions.

12 A new Residential Tenancy Act was proclaimed in PEI in April, 2023. It has not yet been interpreted by the courts and tribunals.


Read also:

The latest developments in housing policy from across Canada:

NATIONAL

  • New data shows larger investors own majority of investment properties in BC and Ontario 

    The Canadian Housing Statistics Program has analyzed new data which shows that a majority of condominiums used for investment purposes in British Columbia and Ontario are owned by businesses or individuals who hold at least three properties. This trend is concentrated in smaller cities where properties remain cheaper. For example, in Ontario, over 80 percent of investment properties in Windsor, London and Belleville are owned by larger investors. The findings help fill a significant data gap in understanding the role of investors and the extent to which they are driving up demand and influencing escalating house prices in the country. 

  • A major real estate player advocates for more diverse, affordable housing options

    Re/Max, a major real estate brokerage released a report advocating for 15-minute neighbourhoods, a concept that has traditionally been championed by planners where housing is made available close to work, amenities and other daily necessities. The report focuses on solutions for smaller municipalities where populations are growing rapidly, calling for a greater mix of market and non-market housing options to cater to diverse housing needs. 

  • New CMHC indicators show low-income renters and new tenants face disproportionate challenges with housing affordability 

    The Canada Mortgage and Housing Corporation (CMHC) has added two new indicators to better understand Canada’s rental housing market. The first indicator measures the share of units that are affordable for the lowest income group of renters. It shows that with the exception of Quebec City and Montreal, less than five percent of rental housing options are affordable for the bottom 20 percent of Canada’s income earners. In Vancouver and cities across Ontario, almost no lower-income households have access to affordable housing.  

    The second indicator distinguishes between average rents for units that were rented in the last 12 months and the average rent of those units that have been occupied for more than a year. This measure helps paint a picture of the kind of rental market that renters are entering when looking for a new place. The difference between the two measures is especially large in major population centres, cities with low vacancy rates as well as those jurisdictions with rent increases subject to guidelines. For example, Toronto and Vancouver, where all the above conditions apply, the difference is about $500. Notably, Calgary and Edmonton, where no rent regulations exist, the difference between the average rents of newer and older units is $50. 

  • Tenant advocates call for provinces to focus more on the rental crisis 

    Housing advocates are calling for more attention and action around rental housing ahead of the Council of the Federation’s meeting in July. CCHR’s Bahar Shadpour commented on the need for better rental protections and that all levels of government have to work collaboratively to solve the crisis. She also advocated for basic legal protections for tenants across the country. Other recommendations include developing rental registries to offer a degree of transparency in the housing market, and potentially giving prospective tenants a better picture of previous rents before they decide to move into a new place. Council chair and Manitoba premier, Heather Stefanson, noted that premiers are working to address housing affordability challenges, but she did not say whether rental prices will be a focus of discussion during the upcoming meeting. 


ATLANTIC CANADA

NOVA SCOTIA  

  • Advocates call for more public housing in Nova Scotia 

    After decades of disinvestment in public housing, calls are growing for the provincial government in Nova Scotia to once again play a more proactive role in creating affordable housing options for lower income households as the number of people experiencing homelessness and those living in core housing need is increasing while the wait for a public housing unit grows. However, the provincial government notes that Nova Scotia still has some of the highest concentrations of public housing options in the country and that it is focused on improving the quality and living conditions of its existing public housing stock. This focus follows an audit that found many of the public housing buildings are poorly managed.  

CENTRAL CANADA

ONTARIO

  • Barrie backtracks on bylaws that would prohibit charitable support to unhoused people 

    Barrie’s City Council unanimously voted to refer back to staff a pair of bylaws that were intended to prohibit charitable organizations from distributing food and water to unhoused people on public properties. After receiving significant community pushback, including over 20,000 emails sent to Councillors, the Council backtracked on its proposed bylaw as many argued that it would violate unhoused people’s individual rights and liberties.  

  • Toronto elected Olivia Chow as its new mayor 

    On June 26, Toronto elected Olivia Chow as its new mayor in a by-election. The new mayor will have to lead the city in solving its housing affordability crisis and address the growing issue of homelessness and housing precarity. As part of her goal of addressing homelessness and housing affordability, Chow has promised several notable commitments including opening up more 24/7 respite sites for people experiencing homelessness, creating 3,000 rental supplements with the help of the federal and provincial governments, and raising the Municipal Land Transfer Tax on luxury homes as part of some of the enhanced revenue tools to fund affordable housing initiatives.  

QUEBEC

  • Quebec government proposes new changes to landlord-tenant relations that has sparked protest 

    The Quebec government tabled Bill 31, which would make it easier for landlords to refuse a tenant’s request to assign his or her lease amongst many other proposed changes. In an environment where rents have been escalating, lease assignments have given some tenants a way to limit rent increases. The change has provoked protests amongst tenant advocates. Other changes in the Bill include a new provision where landlords have to indicate the maximum rent in a lease for the next five years and increasing compensation requirements for landlords who want to evict tenants. 

WESTERN CANADA

Manitoba

  • Winnipeg opens a new supportive housing complex with support from all three levels of government 

    The Ross Ellen Housing Complex – a new supportive housing project – was opened in Winnipeg’s Centennial neighbourhood to house people living with mental health challenges and addictions who are at risk of becoming homeless. The 3-storey, 47-unit complex was once a boarded-up warehouse that lay vacant for 24 years. With funding from all levels of government as well as private philanthropy, the building is expected to be managed under a housing first, recovery-oriented model. Some units are designed to be accessible for people with disabilities while support staff will also be available 24/7. 

alberta

  • Calgary City Council supports recommendations made by its Housing Task Force to address the city’s housing affordability challenges 

    Calgary City Council voted in favour of recommendations made by its housing and affordability task force after first voting against it, an outcome that provoked significant criticism along with the subsequent reversal in decision. As the affordability crisis impacts Calgarians living on low- to moderate-incomes, the recommendations consist of actions to increase and diversify the housing options in the city, strengthen ties within the housing sector, and improve living conditions for renters. Specific proposals ranged from eliminating conditions around parking minimums to studying the impact of rent control which does not currently exist.  

british columbia

  • BC government identifies 47 municipalities that need to expedite housing development 

    The British Columbia government has identified 47 municipalities that need to focus on expediting housing development through measures such as streamlining approvals processes and updating zoning bylaws. Municipalities such as Surrey and Nanaimo have been identified as those that will have to meet higher housing targets.  

  • New data shows BC renters are the most negatively impacted by the housing crisis in Canada 

    New data from the Canadian Rental Housing Index shows that British Columbia has the highest share of renters paying more than 50 percent of their income on shelter. Nearly four out of 10 renter households are paying over 30 percent of their income on shelter, while racialized and/or women-led households are disproportionately paying unaffordable rents. The Canadian Rental Housing Index is a database of rental housing statistics developed by the BC Non-Profit Housing Association (BCNPHA), in partnership with Vancity. 

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