Official colours of the federal Liberal Party, Conservative Party, New Democratic Party and Green Party.
The 2025 federal election comes at a time of deep political, social, and economic uncertainty and turmoil. The escalating housing and homelessness crisis remains a top concern for millions of people across Canada, with renters facing increasingly precarious conditions, few affordable options to turn to, and limited protections to help them stay in their homes. Now, with the onset of an unprecedented trade war with the United States, they face even greater instability, with job and income loss already making its way through the Canadian economy. Without safe, secure, affordable homes, renters are facing housing precarity, displacement, and homelessness now more than ever before. To ensure a healthy, equitable, and sustainable future, the next federal government must prioritize those most impacted by the housing and homelessness crisis: renters and people experiencing homelessness.
To help inform voters ahead of election day on April 28, we have summarized commitments made by theLiberal Party, Conservative Party, New Democratic Party and Green Party to tackle the housing and homelessness crisis, as identified in their 2025 federal election party platforms and other announcements they have made during this period. We have organized these commitments under our top three housing priorities that require urgent action by the next federal government.
The information on this page was last updated on April 17, 2025.
Provide immediate support to renters and people experiencing homelessness
Urgent support is needed now to keep renters in their homes and to house people experiencing homelessness. Rapidly rising rents, alongside other rising costs, are forcing low- and medium-income renters out of their homes and preventing people from accessing housing in the first place. Expanding and directing immediate financial and other support to those in greatest need is critical to tackling the housing and homelessness crisis in the short-term. At the same time, urgent action is needed to ensure that the human rights and dignity of people experiencing homelessness are upheld and respected.
Note: To date, none of the parties have made any commitments related to rent supplements or subsidies, such as the Canada Housing Benefit or other housing-specific income supports. Also, we have not listed tax relief proposals here, as they do not provide immediate or targeted support.
Create an $8 billion Communities First Fund to support provinces and territories to expand housing-enabling infrastructure, including by requiring housing security strategies to end encampments and homelessness.
Double the Canada Disability Benefit and increase the Guaranteed Income Supplement.
Expand investments in Housing First programs and wraparound support services.
Expand federal funding for youth shelters and transitional housing, with dedicated housing supports for young people at risk of homelessness.
Introduce a Guaranteed Livable Income.
Protect renters from excessive rents and unfair evictions
Rent supplements are an important stop gap measure, but in the absence of strong rent regulations and protections against evictions, they will not ensure safe, secure, and affordable homes for renters. Renters across the country are facing excessive rents, arbitrary and unfair evictions, renovictions, demovictions, disrepair, discrimination, and many other issues. While landlord and renter matters are primarily governed by provincial and territorial governments, there is an important role for the federal government to play in helping to regulate rents and prevent evictions, as it has done in the past. Renters and advocates are increasingly looking to the federal government to play a stronger role in renters’ rights and protections.
Federal party commitments
Liberal
There has been noexplicit mention of measures to address excessive rents or unfair evictions.
Conservative
There has been noexplicit mention of measures to address excessive rents or unfair evictions.
Introduce a Renters’ Bill of Rights that ties access to federal funding for provinces, territories, and municipalities that introduce strong renter protection measures.
Implement national rent control.
Ban fixed-term leases, renovictions, demovictions, and other predatory and exploitative practices.
Ban rent price-fixing and collusion, including the use of shared data platforms and coordinated pricing tools.
Recognize the right of tenant unions to negotiate with landlords.
Require provinces and territories to implement strong rent and vacancy controls and sufficiently fund landlord/tenant dispute resolution agencies as a requirement to access federal housing funding.
Build and protect deeply affordable housing
For decades, the federal government withdrew from its role in building and protecting affordable housing. Despite the government’s recent re-engagement in affordable housing development, federal housing investments have failed to produce truly affordable housing that meets the needs of those most impacted by the housing and homelessness crisis. This is due in large part to the government’s over-reliance on the private sector to build new housing, which has not produced housing that is affordable for low- and medium-income renters due to insufficient affordability requirements. At the same time, the government has provided inadequate support for the non-market sector (e.g., Indigenous, public, non-profit, and co-operative housing) to build new and protect existing affordable housing, including rent-geared-to-income housing. This approach has also contributed to the increasing financialization of the housing sector.
Act as a developer to build affordable housing at scale, including on public lands, and provide $10 billion in low-cost financing and capital to affordable homebuilders, of which:
$4 billion would be directed towards long-term fixed-rate financing.
$6 billion would be directed towards rapidly building deeply affordable housing, supportive housing, Indigenous housing, and shelters.
Reintroduce the Multiple Unit Rental Building (MURB) tax incentive.
Reduce the tax liability for private rental housing providers when they sell their building to a non-profit operator, land trust, or non-profit acquisition fund, with requirements for the proceeds to be reinvested in building new purpose-built rental housing.
Create an $8 billion Canadian Homes Transfer to support cities to build affordable homes quickly, including by committing to 20 per cent non-market housing in every neighbourhood.
Ban corporations from buying existing affordable rental buildings.
Restrict large corporate landlords from accessing low-interest federal loans, preferential tax treatment, and mortgage loan insurance.
Boost the Rental Protection Fund to help community housing providers purchase and acquire private rental buildings.
Set aside 100 per cent of suitable federal land to build over 100,000 rent-controlled homes by 2035.
Redesign and double the Public Land Acquisition Fund to invest $1 billion over five years into acquiring more public land to build more rent-controlled homes.
Develop a new Community Housing Bank to partner with non-profit housing developers, co-operative housing operators, and Indigenous communities.
Clearly define “affordable housing” to ensure that government-funded housing costs no more than 30 per cent of a household’s income.
Use covenants to ensure that housing built with public funds stays affordable over the long term.
Close loopholes to prevent the use of real estate for money laundering.
Eliminate preferential tax treatment for Real Estate Investment Trusts (REITs) and other corporate landlords.
Prevent corporations from buying single family homes.
Launch a public housing construction program, including building 1.2 million non-market homes over seven years.
Transfer federal land to Indigenous-led housing organizations to support community-driven housing solutions.
A new report released today by the Canadian Centre for Housing Rights (CCHR) finds that racialized individuals, newcomers and people with children across Canada face heightened discrimination when searching to secure a rental home. It also finds that people with disabilities face high levels of discrimination while living in a rental home.
The research study, conducted in partnership with Dr. Gordon Hodson at Brock University, is the first national study discrimination in rental housing ever published in Canada. It used an experimental design method to analyze the responses from landlords and property managers to individuals who had inquired about a vacant rental home. It also analyzed survey responses from renters about their experiences during their search for a rental home, and while living in one.
The research team studied 57 communities across Canada. By analyzing 1,178 messages sent to landlords and property managers, and 586 survey responses from renters, the study found that, in comparison to white individuals, landlords responded less often to racialized individuals, and even less when racialized individuals had a child. Landlords asked these individuals more questions about their personal life – for example about their marital, family and citizenship status – and even more of these questions to newcomers. They also requested more proof of income and employment from racialized individuals and women as compared to white men. Landlords ultimately rejected more rental applications from racialized individuals, and the most from newcomers.
“Marginalized groups continue to face concerning levels of discrimination in rental housing across Canada, and these problems may only be worsened by low vacancy rates and high income inequality,” says Megan Earle, Independent Researcher.
“With these conditions, landlords are able to be very selective in who they’re renting to.” says Sophie O’Manique, Senior Researcher at the Canadian Centre for Housing Rights. “This research confirms widespread discrimination against some groups of would-be renters, which creates even steeper barriers for them to find a reasonable place to live.”
The study also found that landlords very often required people with disabilities to follow different rules than other renters who did not have a disability. People with disabilities also reported experiencing very high rates of aggression and violations of their boundaries from landlords.
“Even after finding a rental home, marginalized groups often face additional discrimination at the hands of their landlords during their tenancy,” says Earle. “Policy and advocacy efforts are needed to confront landlord discrimination on both fronts – during renters’ search for housing, and while they’re living in their home.”
“For many, this is an impossible situation,” says O’Manique. “Governments need to act with urgency to ensure an adequate supply of affordable rental housing, and work to enforce existing human rights protections.”
The Canada Mortgage and Housing Corporation 2024 Fall Rental Market Report reveals that a historically high supply of purpose-built rentals in 2024 (4.1 per cent growth rate) helped slow the pace of rent growth and increase vacancy rates across Canada. However, the report shows that newly available units are too expensive for low- to moderate-income renters, doing little to address affordability. Rent increases on turnover units remained unchanged from 2023 and accounted for over 40 per cent of rent growth in 2024.
Relatedly, the latest report from the Parliamentary Budget Officer on the National Housing Strategy (NHS) shows federal funding has failed to address housing affordability. Despite the NHS goal to reduce core housing need, the report shows that over 600,000 additional households are now in core housing need compared to when the NHS was launched in 2017 (totaling 2.4 million in 2024), and this number is expected to grow to nearly one million by 2027 (totaling 2.6 million). This is a result of NHS investments prioritizing private market rental supply over affordable, non-market supply, as evidenced by a 19 per cent decrease in funding for housing assistance programs and a nearly 9,000 per cent increase in funding for market housing over the last 10 years.
On December 16, the federal government tabled the Fall Economic Statement (FES), which reiterates housing-related investments announced in the 2024 budget, with new funding mainly directed towards low-cost lending for private developers. $2 billion is earmarked for the construction of 4,000 new market homes, while affordable housing programs will receive an additional $100 million. The release of the FES coincided with the resignation of the Minister of Finance and the Minister of Housing, Infrastructure and Communities. Toronto MP Nathaniel Erskine-Smith was sworn in as the new Housing Minister and CCHR sent him a congratulatory letter outlining our priorities and opportunities to act on the housing crisis in the short and long-term. Minister Erskine-Smith stated that he will “build on the work” of his predecessor.
On December 11, NDP Infrastructure and Communities Critic Bonita Zarillo tabled Bill C-423, An Act to Amend the National Housing Strategy Act (NHSA). The Bill proposes to strengthen the right to adequate housing in Canada by addressing the financialization of housing and the erosion of affordable supply. Key measures include establishing federal guidelines to strengthen rent control, tackle unfair business practices, deter bad faith evictions and prevent discrimination in housing. The bill also proposes strengthening language in the NHSA around the right to housing, reducing financial incentives for investors, and consulting with other levels of governments on protecting affordable rentals and upholding renters’ rights.
On December 3, the Canadian Human Rights Commission (CHRC) and the Federal Housing Advocate (FHA) shared new findings on housing outcomes of people with disabilities. The research indicates that Canada is not meeting its human rights obligations under the National Housing Strategy Act (NHSA) and the United Nations Convention on the Rights of Persons with Disabilities (CRPD). It found that people with disabilities were more likely to experience homelessness or live in inadequate housing, and are often living in homes that are not accessible. In addition, new data shows that people with disabilities are also more likely to live in unsafe housing and lack the means and supports to secure adequate, affordable and accessible housing. Financial hardship and domestic violence were cited as drivers of housing insecurity leading to homelessness for people with disabilities, particularly women.
The research results will inform Canada’s forthcoming report to the United Nations on the implementation of the CRPD. The FHA is also preparing to request the establishment of a Review Panel by the National Housing Council on the right to housing for people with disabilities.
On December 13, Bill 3, An Act to Amend the Residential Tenancies Act received Royal Assent. The new legislation introduces rent increase guidelines applicable to all rental properties and will enter into force on February 1, 2025. The Bill ties rent increases to changes in the Consumer Price Index and allows for additional increases in case of major renovations. For 2025, the maximum allowable rent increase is three per cent and the upper limit for an above guideline rent increase is nine per cent.
While advocates see the bill as a promising step, ACORN and the New Brunswick Coalition for Tenants Rights argued that there are loopholes in the legislation and that it does not protect renters against unfair rent increases and economic evictions. For example, the legislation does not prevent the use of fixed-term leases, which are common in New Brunswick and often used by landlords to displace renters and increase rents beyond the provincial guidelines when new renters move in. In addition, the legislation does not require landlords to prove that renovations are necessary and does not effectively protect renters against renovictions. CCHR echoed these concerns in our submission on the Bill and called on the government to end vacancy decontrol, prohibit the use of fixed-term leases and ensure above-guideline rent increases are thoroughly monitored and evaluated before being approved.
Following several weeks of local advocacy and pushback, on December 12, Ontario introduced Bill 242, the Safer Municipalities Act, which would increase police and municipal powers to evict encampment residents and impose severe penalties on people experiencing homelessness. With growing rates of homelessness across the province, advocates, opposition leaders and mayors decried the proposed legislation and said it amounted to the criminalization of homelessness and a violation of the Charter of Rights and Freedoms. They also noted that the legislation would not be effective in removing encampments but would only displace them to more remote, less serviced areas or to less punitive municipalities. The Premier said that he is willing to use the notwithstanding clause to prevent the courts from overturning the new legislation.
Echoing concerns from other advocates, CCHR expressed the need for greater investments in supports for housing stabilization, an increase in the supply of deeply affordable housing and improved monitoring and targets to prioritize the needs of people most impacted by the housing and homelessness crisis.
The City of Winnipeg and the province announced a new plan to gradually move people from encampments into permanent housing starting in 2025. The plan relies on a staircase model of housing stabilization, whereby encampment residents will be supported through emergency shelters and then move into new social housing that the province is in the process of acquiring and building, in partnership with other levels of government and the non-profit sector. Within 30 days, encampment residents will be moved into housing with wraparound addictions and mental health support, though the provincial government remained vague about the number of people supported and the number of social housing units that will be available.
In response to a surge in rural homelessness, Alberta’s Minister of Seniors, Community and Social Services announced key new measures for the province’s homelessness response plan. A panel of experts will be formed to assess government programs and funding, with a focus on homelessness in rural areas and Indigenous communities. Funding will also be centralized and provided directly to frontline service providers by the province. Currently, funding is administered through seven non-profit organizations in Alberta’s largest urban centres. The Chief of the Enoch Cree Nation welcomed the news, saying that it will allow Indigenous-led organizations to be more effective. However, the NDP Housing Critic and several advocates expressed reservations about the new funding model and how it may leave more people “falling through the cracks.”
On December 12, the B.C. NDP and Green Party entered into an agreement to work jointly on building more affordable housing, strengthening healthcare and growing a sustainable economy, amongst other priorities. This agreement is expected to help reinforce the NDP minority government and work towards several of the two parties’ common goals, such as increasing non-market housing supply, expanding rental assistance programs, and improving homelessness response across the province.
On December 12, the City of Toronto’s Ombudsman published the results of their investigation into the City’s decision to limit access to the shelter system for refugees between April 2022 and October 2023. The report shows that about 45 per cent of refugee claimants were turned away by the shelter intake system, most of whom were Black and from African countries. While the report recognized that Toronto’s shelter system continues to be strained, the Ombudsman stated that the City’s decision amounted to anti-Black racism and was inconsistent with the City’s Housing Charter and the Ontario Human Rights Code. The Ombudsman issued 14 recommendations to address discrimination in the shelter system and uphold the City’s obligations to progressively realize the right to housing.
City Manager Paul Johnson disagreed with the report findings and said that he would not act on the recommendations, adding that he viewed the right to housing as “aspirational.” In response, Right to Housing Toronto and a coalition of Black-led organizations and advocates urged City Council to review and implement the Ombudsman’s recommendations. On December 18, Council decided to accept the recommendations but did not adopt them.
Calgary City Council voted in favour of new amendments to its Business License Bylaw, which regulates short-term rentals. The new rules will address previous gaps related to rental agreements of up to 180 days and will require property owners to obtain a business license to operate short-term rentals, with higher fees for short-term rentals that are not primary residences. There are about 5,000 short-term rentals in Calgary, 42 per cent of which are not primary residences. The City further intends to collect taxes on non-primary residences, and will impose a moratorium on new non-primary residences when the vacancy rate drops below 2.5 per cent.
A new report released today by the Canadian Centre for Housing Rights (CCHR) finds that 67% of tenants in Toronto have been threatened with eviction. Among them, 60% were due to a landlord claiming they needed the tenant to move out so that they could use the unit for themselves or a family member (also called “own-use” evictions) or to carry out renovations (also called “renovictions”).
These findings were collected in early 2023 through a survey of 178 tenants in Toronto using a convenience sampling technique, where tenants were asked about their moving history within the previous 12-month period.
The study also collected information through semi-structured interviews with 19 housing services caseworkers, lawyers, and advocates who work directly with tenants in Toronto. The interviews revealed that many tenants moved out immediately after being threatened with eviction, instead of going through the formal eviction process through the Landlord and Tenant Board (LTB). These situations are known as “informal evictions” because they are not tracked by authorities when they bypass the LTB eviction process.
The study found that people with low- and fixed-incomes, younger people and newcomers are most at risk of experiencing an informal eviction. The main reasons why tenants move out after being threatened with eviction is because they are not familiar with the eviction process or faced language barriers that caused confusion about what eviction notices mean. Many tenants also did not know their legal rights or the housing services that were available that could have helped them to stay in their home.
“Evictions are a serious problem in Toronto. Nearly half of the city’s residents are renters, and many are struggling to pay rents that are increasingly unaffordable,” says Jon Paul Mathias, Researcher at the Canadian Centre for Housing Rights (CCHR). “Evictions are extremely stressful and contribute to negative health and housing outcomes for residents, particularly low-income and racialized communities.”
“Informal evictions are gross violations of tenants’ right to a secure and stable home. These types of evictions are only possible because of glaring policy gaps that can be easily exploited,” says Sara Beyer, Manager of Policy at CCHR. “We need our governments to take meaningful action to protect tenants from informal evictions, including by strengthening renter protections and supports, supporting tenant outreach and education, and building and preserving deeply affordable housing.”
The federal government announced changes to two key National Housing Strategy (NHS) programs. Updates to the Affordable Housing Fund (AHF), which supports affordable housing development and repairs, include program extension, two sub-streams for new construction for those in greatest need and for community housing, and prioritization of repair projects supporting accessibility and energy efficiency. Updates to the Apartment Construction Loan Program (ACLP), which supports rental housing construction, include program extension, expanded eligibility for student and seniors housing, and removal of minimum accessibility and energy efficiency requirements. The federal government also announced new initiatives aimed at lowering housing costs, including consultations on the financialization of single-family homes.
The Canadian Housing and Renewal Association welcomed changes to the AHF, while calling for further program extension. See CCHR’s analysis of the effectiveness of NHS spending through the AHF and ACLP..
Green Party MP Mike Morrice introduced a motion calling for the federal government to adopt a consistent definition of affordable housing to ensure its housing programs effectively meet targets to reduce housing need and homelessness. Currently, federal housing programs use a variety of both market- and income-based definitions of affordable housing, which has failed to produce a sufficient stock of affordable housing for people in greatest housing need. The motion calls for a uniform definition of deeply affordable housing for very low and low-income families, and another definition for moderate and median-income families. The motion aligns with calls from housing advocates and researchers across the country for a consistent definition of affordable housing.
Following calls from renters, advocates, and the federal NDP, the Competition Bureau of Canada quietly launched an investigation into allegations of collusion and rent price-fixing by Canadian landlords. The allegations involve the use of YieldStar, an artificial intelligence software that allegedly allows landlords to use algorithms to coordinate rent increases using proprietary rental data. This summer, the United States Department of Justice launched a lawsuit against RealPage, the company that owns YieldStar. Meanwhile, a proposed class-action lawsuit is seeking compensation from over a dozen Canadian landlords accused of using YieldStar. Likely because of these investigations and legal actions, some landlords have announced that they are no longer using YieldStar.
Tent City for Change in St. John’s are calling on the Newfoundland and Labrador government to ban no-fault evictions, which they say discriminate against renters, especially racialized and other marginalized renters, and lead to increasing rates of housing insecurity and homelessness. NDP Leader Jim Dunn agreed that ending no-fault evictions could help provide more stability for renters, and called for additional renter protections, including rent regulation and rent banks, alongside additional investments in non-market, community housing. Meanwhile, End Homelessness St. John’s released a community plan outlining actions needed by all levels of government to address homelessness in the city, including by coordinating efforts to build more affordable housing and provide greater supports to people in housing need.
The Ontario government recently passed new legislation aimed at reducing red tape, including addressing backlogs at the Landlord and Tenant Board (LTB). Among the new measures is a proposal to allow credit bureaus to gain access to LTB orders of renters who have missed rent payments. CCHR shared our concerns about this approach, which would undermine the right to housing for renters, perpetuate poverty, and disproportionally impact marginalized renters. Meanwhile, renter advocates report much longer wait times for renter applications at the LTB than for landlords, especially for landlord applications for non-payment of rent.
A recent report from Desjardins estimates that Quebec will experience high rent increases next year, while rent inflation is expected to slow elsewhere in the country. FRAPRU cites ineffective enforcement of rent control, including the lack of a rent registry, and an insufficient stock of social housing as key contributing factors. Meanwhile, applications to the Tribunal administratif du logement (TAL), Quebec’s rental tribunal, have increased by more than 40 per cent over the past two years, with the majority of applications filed by landlords. Renter advocates note the TAL tends to favour landlords over renters, including landlord applications for unpaid rent, with few opportunities for renters to share context about the conditions of their rental units. For its part, the Société d’habitation du Québec launched a new campaign to inform renters and landlords of their housing rights and responsibilities.
Manitoba’s Right to Housing Coalition was joined by Bernadette Smith, Minister of Housing, Addictions and Homelessness, as part of a national action coordinated by the Social Housing and Human Rights coalition, calling for greater federal investment in social housing. The national coalition is advocating for a minimum of 50,000 new rent-geared-to-income housing units over the next 10 years for people experiencing core housing need and homelessness, alongside greater investment in non-market housing acquisition, construction, operation, and maintenance. The Manitoba coalition is calling for at least 10,000 social housing units over the next decade, noting that of the 2,000 rental units built under recent federal programs, only 253 are affordable for renters with the lowest incomes.
A recent report from Alberta’s auditor general found that the government lacks information on the state of its affordable housing stock and does not have standards or plans for its maintenance. To ensure the sustainability and safety of the units, the report recommends that the province compile an accurate list of necessary repairs and develop a maintenance plan according to need. The government says work is underway to address unit maintenance, including a request for proposals to develop a long-term affordable housing maintenance strategy and $121 million over three years. That funding will support maintenance in 4,250 units this year, while the province owns roughly 27,000 affordable housing units.
Following a series of consultations, the City of Whitehorse is considering developing a regulatory framework to manage short-term rentals (STR), which is supported by housing advocates and organizations. Currently, Whitehorse does not have any regulations around STR operation but estimates that regulations could help address the city’s low 1.8 per cent rental vacancy rate and affordability challenges. Potential policy options under consideration include requiring STR operators to obtain a business license, restricting the number of STRs in residential neighbourhoods, limiting the number of days an STR could be available, and imposing primary residence requirements on STR operators. Recent research in British Columbia and Ontario found that STR regulations corresponded with decreases in rent prices.
The latest developments in housing policy from across Canada:
Throughout October, the federal government introduced several new measures to encourage housing development, including:
The addition of 14 underused properties suitable for housing development to the Canada Public Lands Bank.
New mortgage rules to encourage residential densification through the development of secondary suites.
Consultations on vacant residential land taxation, which could encourage the development of new housing, discourage land speculation and generate additional revenues to reinvest in federal housing programs.
Nearly $50 million through the Homelessness Reduction Innovation Fund to help communities develop innovative homelessness prevention projects and accelerate the construction of new homes for people experiencing homelessness. This initiative is part of the federal Reaching Home Program and will be implemented by the Canadian Alliance to End Homelessness, with support offered to communities drawing from successful approaches.
The National Advisory Council on Poverty released a report showing a 1.4 million increase in people living in poverty in 2022 compared to 2020. The report highlights that the government’s approach to delivering benefits and services has proven insufficient to improve economic conditions of historically marginalized groups, including Arab, Chinese and Black communities, Indigenous people, recent immigrants, people with disabilities and female-led households, who were the most likely to live below the poverty line. Reflecting feedback from people with lived experience of poverty, community organizations, academics, and experts, the report outlines several recommendations to address the high costs of living, improve access to benefits and services, and address poverty inequality, including by prioritizing the development of non-market housing and expanding rental assistance programs.
Food Banks Canada published its annual report, revealing a record two million visits to food banks in 2024. This represents a six per cent jump from last year and a 90 per cent increase from 2019. Renters are hit particularly hard by food insecurity, with nearly 70 per cent of food bank clients living in market rental housing. Renters who relied the most on food banks were racialized people and immigrants who have lived in Canada for less than 10 years. The number of clients experiencing homelessness also rose from six per cent in 2019 to almost 10 per cent in 2024. The report shows that lower income households spend over 80 per cent of their income on food and housing alone, while the proportion of employed food bank clients nearly doubled since 2019. The report points to rapid inflation, high housing costs and inadequate social assistance as drivers of acute food insecurity. Findings from the report are echoed in Habitat for Humanity Canada’s Affordable Housing Survey, which shows that 75 per cent of renters have to sacrifice basic needs like food to contend with increasing housing costs. To address the root causes of food insecurity, Food Banks Canada is calling on governments to increase investments in affordable housing and improve rental assistance programs to help offset housing costs.
As parliamentary discussions resumed, the Canadian Housing and Renewal Association (CHRA) sent a letter to the Minister of Housing, Infrastructure and Communities, calling on the federal government to double the share of community housing in Canada. Recommendations included prioritizing non-profit developers under the Public Lands for Homes Plan, accelerating the implementation of the Rental Protection Fund and investing in a Canada Community Housing Sector Growth Fund (CCHGF). CHRA and sector partners are proposing a plan to develop the CCHGF that would help strengthen the community housing sector through investments of $160 million over five years. These investments would help provide financial resources to improve organizational capacity and culturally sensitive programming of community housing providers through training, capacity building, and knowledge transfer. The proposed CCHGF builds on the success of existing initiatives implemented in Nova Scotia, Nunavut, and Newfoundland and Labrador through the work of the Community Housing Transformation Centre.
Through a freedom of information request, a 2021 report commissioned by the provincial government was recently released that sheds light on how a rental registry could protect renters from illegal rent increases. The Green Party has called for a rent registry since 2019 but one has never been implemented. P.E.I. has rent control and vacancy control, which prevents landlords from increasing rents beyond the provincial guidelines, even when the unit is passed on to a new renter. After amending its Residential Tenancy Act last year by requiring landlords to disclose the previous rent in lease agreements, the province considered a rent registry to be unnecessary. However, advocates from P.E.I. Fight for Affordable Housing say that even if landlords are obligated to provide that information, there is no monitoring mechanism available for renters to confirm if the information is accurate. Former federal Green Party candidate Darcie Lanthier created a community-sourced rental registry to help renters across the province access that information and guide them in the process of filing a rent dispute. Since the registry was launched two years ago, many renters have been able to challenge illegal rent increases and were compensated over $100,000 by the Island Regulatory and Appeals Commission.
The New Brunswick Coalition for Tenants’ Rights released a report examining rental housing in the province between 2020 and 2023. The report reveals that 27 per cent of renters cannot afford their rent and are afraid of losing their homes, owing to average rents rising by almost 30 per cent in the three-year period. The report calls on all political parties to strengthen renters’ rights through the introduction of a permanent rent cap tied to inflation and the establishment of a housing tribunal to adjudicate disputes between renters and landlords, including ruling on eviction proceedings. The existing Tenant and Landlord Relations Office can mediate between the two parties but has limited power to enforce provisions of the Residential Tenancies Act (RTA). The report also recommends the inclusion of social housing tenants under the RTA and extending and funding legal aid to address landlord-tenant disputes.
Recently elected Premier Susan Holt’s housing plan aligns with the report’s recommendations and has been welcomed by the Coalition. New measures promised by the Liberal government include building 30,000 new homes, establishing a fund to support non-market housing providers, eliminating the provincial sales tax on multi-unit developments, and increasing investments in modular housing projects. Chief amongst those measures is the introduction of a flexible rent cap set at three per cent and tied to the Consumer Price Index. The initial rent cap would be reviewed annually and would not prevent property owners from applying additional rent increases to offset capital expenditures for major renovations. In an interview with CBC, CCHR’s Manager of Policy, Sara Beyer, said the proposed rent increase guidelines contain promising measures, but warned that without tying rent increases to the unit through vacancy control and the elimination of fixed-term leases, landlords could be incentivized to evict tenants to get around rent increase guidelines. She added that the proposed legislation will need strong monitoring and enforcement mechanisms to address these gaps.
Several Ontario mayors sent a letter to the Premier asking for more power to evict people from encampments and force them into addiction treatment. The request includes the use of the notwithstanding clause under the Canadian Charter of Rights and Freedoms to override other parts of the Charter for five years and bypass court decisions preventing municipalities from clearing encampments. A 2023 ruling prevented the Waterloo Region from removing an encampment without providing alternative shelter options, declaring that such evictions would constitute a violation of Charter-protected rights of encampment residents. Using the notwithstanding clause could invalidate similar rulings and would override the very rights the Charter is meant to protect. In addition, mayors are asking the province to review the Mental Health Act and the Health Care Consent Act to expand the scope of involuntary treatment for people experiencing both homelessness and addictions. Other measures proposed in the letter amount to the criminalization of homelessness. Both the mayors’ requests and the Premier’s response have sparked outrage amongst encampment residents and advocates, spurring the launch of petitions, campaigns, and a counter letter from a larger group of mayors and councillors opposed to the use of the notwithstanding clause and calling for human-rights based solutions to homelessness. The Canadian Centre for Housing Rights, National Indigenous Women’s Housing Network, National Right to Housing Network, and Women’s National Housing and Homelessness Network issued a joint statement outlining how the use of the notwithstanding clause would undermine the right to housing and the rule of law, and calling on mayors to rescind their petition to the Premier. The statement also calls on all elected officials across Ontario to uphold the right to housing and the rights protected under the Charter.
On October 28, the Saskatchewan Party won a fifth consecutive term with a majority government. A Rentals.ca survey conducted during the campaign found that housing was a key factor in the voting decision of 60 per cent of Saskatchewanians, with 78 per cent of respondents citing high rents as a top concern. With education and healthcare having been the leading issues of the electoral campaign this year, housing platforms of leading candidates emphasized the importance of tying housing and homelessness programs to mental health and addiction supports. Saskatchewan Party Leader Scott Moe announced a homelessness action plan focused on recovery-oriented care, with 500 new addiction treatment centres in the pipeline and additional funding to increase the number of beds in emergency shelters and transitional housing, including by creating new complex needs emergency shelter spaces. However, safe consumption sites will be dismantled and no new measures for renters have been proposed. For its part, the NDP platform focused on restoring old or vacant government-owned housing and introducing new legislation to protect renters from excessive or unreasonable rent increases. NDP Leader Carla Beck also proposed an “all-of-the-above” approach to tackle homelessness, with increased funding for mental health and addiction support services.
Based on a systemic review conducted by the Federal Housing Advocate (FHA), the Métis Nation – Saskatchewan and the FHA launched a report on housing precarity and homelessness in Métis communities. The report details housing conditions and experiences in Métis communities across Saskatchewan, in particular in rural, remote and Northern areas, and examines the colonial roots of the systematic denial of Métis peoples’ right to housing. As a result of historic barriers to adequate housing, Métis communities experience disproportionately high rates of homelessness and housing precarity, evidenced by a chronic lack of basic infrastructure and services, lack of proper building and property maintenance standards and a crucial lack of emergency shelters and transitional housing. The report makes several recommendations to all levels of government to dismantle barriers to housing for Métis in Saskatchewan, including by correcting past and present government actions and policies rooted in colonial and racist systems, and emphasizes the importance of recognizing and preserving Métis identity through culturally appropriate housing solutions.
Housing affordability was at the heart of the provincial election, with 41 per cent of voters ranking housing, homelessness and poverty as the most important electoral issues, followed by health care and the economy. The party leaders each proposed comprehensive measures to address British Columbians’ top concern during the campaign.
NDP Leader David Eby’s campaign built on the existing measures implemented during his first term as Premier, maintaining legislation on upzoning, transit-oriented development, short-term rental restrictions and doubling the Speculation and Vacancy Tax which has facilitated the return of 20,000 vacant properties into the long-term rental market. In addition, the NDP promised to build 300,000 affordable homes, invest $2 billion in the BC Builds program to leverage underutilized land for affordable rental housing development, invest $500 million in the Rental Protection Fund for non-profit developers to purchase and preserve existing rental housing, and introduce building standards to boost the construction of prefabricated homes.
Conservative Leader John Rustad ran a campaign centered around deregulation, proposing to eliminate provincial legislation around short-term rental restrictions, residential densification and taxation of vacant properties. Instead of requiring municipalities to set housing targets, Rustad promised to set municipal permit approval deadlines, work with municipalities to pre-zone areas for housing development and support municipal infrastructure development through a $1 billion annual fund tied to housing starts.
B.C. Greens Leader Sonia Furstenau spoke of the financialization of housing and campaigned for significant public investments in non-market housing, a property transfer tax on the sale of residential units to real estate investment trusts and legislation to recognize housing as a human right, including by strengthening renter protections and regulating rents through vacancy control.
Polls showed that British Columbians supported most of the housing measures proposed by the NDP. On October 28, the NDP won a close majority in the election, indicating a renewed, albeit conditional trust in the Premier’s housing plan.
Municipalities across Ontario are implementing bylaws that seek to strengthen protections for renters. Following Hamilton and Toronto, London recently adopted a new renovictions bylaw, which requires landlords to obtain a renovation license and report stating the need for a unit to be vacant for renovations to proceed. While the bylaw aims to deter bad faith renovictions, some councilors and advocates called for it to be strengthened through more substantial penalties for landlords and additional supports for displaced renters. Meanwhile, Brampton’s rental licensing pilot program, aimed at addressing rental housing maintenance and safety issues, has led to 4,700 inspections and over 600 penalty notices. Despite some landlord opposition to the program, councilors noted the program’s success in identifying and addressing rental housing issues.
A new supportive housing initiative was inaugurated in Toronto and is Canada’s first housing model that integrates healthcare services and wraparound supports for unhoused hospital patients. In partnership with the University Health Network (UHN), the non-profit organization Fred Victor will be providing 51 permanent, rent-geared-to-income homes with health and social supports on site to help UHN’s unhoused patients exit homelessness and receive stable care. In addition to a health clinic in the building, residents will also have access to various community-based supports, case management supports, legal aid and harm reduction resources. This continuum of care includes 24/7 property management staff experienced in trauma-informed care and personal support workers for residents with disabilities. Co-designed with an advisory of lived experts and through extensive consultations with experts, advocates and unhoused patients, the project is rooted in the knowledge that stable and adequate housing can improve health outcomes by integrating housing and healthcare services.
The Canadian Centre for Housing Rights, National Indigenous Women’s Housing Network, National Right to Housing Network and Women’s National Housing and Homelessness Network are human rights, housing advocacy, and gender justice groups working across Canada to advance the right to housing. We are joining a growing group of over 70 Ontario Councillors, hundreds of members of the legal community and thousands of members of the public to raise the alarm about the recent threats targeted towards some of Ontario’s most marginalized people who are living in encampments, by the Government of Ontario’s potential use of the “notwithstanding clause” to bypass their protected human rights established under the Canadian Charter of Rights and Freedoms. We are deeply concerned about the dangerous precedent this could set not only for residents of Ontario, but for people across the country.
On October 31, 2024, over a dozen mayors (now fifteen mayors) from across Ontario sent a letter to Ontario Premier Doug Ford, requesting the premier use the clause to allow municipalities to evict people living in encampments in their cities – following an invitation from the premier for mayors to make such a request.
The Charter establishes that people living in Canada have certain rights – including the right to life, liberty and security of person. The Charter says that anyone who feels that the government has not respected these rights can go to the courts to seek a remedy.
In this way, the Charter is a law designed to hold Canadian governments at all levels – federal, provincial and municipal – to account.
If someone brings a Charter complaint, the government has an opportunity to explain itself. The Charter establishes that governments may limit Charter rights if those limitations are “reasonable” and “can be demonstrably justified in a free and democratic society.”
In 2023, the Ontario Superior Court of Justice considered a case where a municipal government sought to evict people from an encampment. The court found that the people living in the encampment did not have appropriate alternate accommodation options, such as affordable housing or shelter, and so eviction would make their “already dire predicament worse.” The court found that eviction would violate the encampment residents’ right to life, liberty and security of person, and so violated the Charter. The Court found that the government action could not be justified as “reasonable” or “demonstrably justified in a free and democratic society.”
We are deeply concerned about the attempts by the Premier and these mayors to overturn the precedent that this case set. There is a clause in the Charter – the “notwithstanding clause” – that allows the government to essentially ignore certain parts of the Charter for a period of time. By invoking the notwithstanding clause to evict people from encampments where they do not have appropriate alternative accommodation options, government would be saying that even though its action would make an “already direct predicament worse”… even though its action violates people’s Charter right to life, liberty and security of person… even though courts have already found that this type of eviction could not be justified as “reasonable” or “demonstrably justified in a free and democratic society”… it should be allowed.
If this sounds like a human rights crisis, that’s because it is. The notwithstanding clause should never be used in a situation like this.
If governments were to use the notwithstanding clause to evict people from encampments, it would cause significant harm in two key ways:
1.It would undermine the right to housing, enshrined in Canada’s National Housing Strategy Act (NHSA).
The right to housing means that governments should prioritize the housing needs of the most marginalized, disadvantaged groups in society. Overriding the Charter by using the notwithstanding clause to evict people from encampments when they have no appropriate alternate accommodation options means governments are doing the exact opposite of what they are supposed to do under the NHSA–Canada’s human right to housing legislation. It makes marginalized groups’ “already dire predicament worse” – when really what governments are obligated to do is to maximize the resources they apply to meet the needs of these groups, for example, by building deeply affordable and supportive housing.
Particularly, the use of the notwithstanding clause to evict people from encampments entrenches women and gender-diverse people in unsafe and invisible forms of homelessness. The lack of appropriate alternative accommodation options is more pertinent for women and gender-diverse people who avoid mainstream shelters due to a lack of gender-specific supports and risk to their safety.
For Indigenous people finding shelter in encampments, the use of the notwithstanding clause to evict people from encampments represents an exercise of colonial policies that violate their rights to exercise their agency and self-determination to find sustenance and safety on their homelands.
2.It would undermine the rule of law.
The Charter lays out consequences for governments, when they do not respect the rights of people living in Canada. To ignore these consequences is to undermine the rule of law.
We urge our elected officials to demonstrate their commitment to respect and uphold the right to housing and the Charter rights of all Ontarians through the following actions:
The Ontario mayors must rescind their letter to the premier asking the government to use the notwithstanding clause.
The Ontario premier must retract his invitation to mayors to ask the government to use the notwithstanding clause, and instead provide funding to municipalities to increase services and housing supports.
All governments must focus their efforts on finding solutions that meet the needs of people experiencing homelessness while respecting their rights and dignity.
Joint statement by:
Canadian Centre for Housing Rights – a registered charitable organization, working to advance the right to adequate housing in Canada. We work at the intersection of human rights and housing, providing free services to renters facing evictions and human rights violations to remain housed, providing education and training about housing rights across Canada, and advancing rights-based housing policy through research, policy development, advocacy, and law reform.
National Indigenous Women’s Housing Network – a movement of First Nations, Inuit, and Métis Peoples who are dedicated to improving the living situations of Indigenous women and girls, Two-Spirit, and gender-diverse persons across Turtle Island and ending incidents of becoming unsheltered. All members have the lived experience of needing adequate shelter and a place to call home.
National Right to Housing Network (NRHN) – a broad-based, grassroots civil society network established to fully realize the human right to housing for all in Canada. Launched in February 2020, NRHN is a key resource in guiding Canada’s human rights-based oversight mechanisms—introduced under the National Housing Strategy Act (NHSA) —to address systemic housing inequities which exacerbates the housing and homelessness crisis across the country. Our network of over 2,000 organizational and individual partners work to hold the government accountable and ensure that their human rights commitments made under the NHSA are meaningfully realized.
Women’s National Housing and Homelessness Network – an organization working to advance the diverse voices of women, girls, gender-diverse lived experts, and their allies to lead transformative, gender-specific solutions that reduce and end housing precarity and homelessness through adopting human rights and intersectional feminism approaches.
The latest developments in housing policy from across Canada:
The federal government released a new Blueprint for a Renters’ Bill of Rights, which includes a range of measures that aim to improve fairness, equality, access and affordability for renters. It also makes clear that all levels of government are responsible for fulfilling the right to housing for renters. However, it lacks critical accountability and enforcement mechanisms. CCHR shared our key takeaways,concerns and ongoing advocacy actions related to the blueprint.
Statistics Canada released the 2022 Canadian Housing Survey results, which highlight ongoing affordability challenges across the country. Rates of core housing need returned to pre-pandemic levels, following a decrease due to pandemic-related financial benefits. Twenty-two per cent of renters were in core housing need (compared to six per cent of homeowners), with Indigenous (18 per cent) and racialized (14 per cent) households facing the highest rates of core housing need. Canadians reporting financial difficulty due to housing costs nearly doubled from 2018 to 2022.
The National Housing Council announced a review panel on Canada’s failure to prevent and eliminate homelessness amongst women and gender-diverse people. The panel will include written and oral hearings, prioritizing people with lived experience and groups with expertise in human rights and housing. The panel appointed three members who will lead the review and is developing terms of reference. The National Indigenous Women’s Housing Network and Women’s National Housing & Homelessness Network have developed a toolkit to support community participation in the panel.
The Canadian Centre for Policy Alternatives released a report examining wages needed for households to be able to afford rent without sacrificing other basic needs, known as the “rental wage.” The report examined nearly 800 neighbourhoods across the country and found that the rental wage was significantly higher than the minimum wage in every province (up to double for two-bedroom apartments in British Columbia and Nova Scotia). The report calls for modern rent controls, collective bargaining rights for renters and public funding for non-market housing in light of rapidly rising rents and the increasing financialization of housing.
Nova Scotia has proposed to extend its five per cent rent increase cap (currently in place until the end of 2025) until the end of 2027. The government has also proposed to decrease the timelines for rental arrears evictions. The opposition NDP criticized the announcement and tabled a private members bill to close the loop on fixed-term leases, which leaves renters vulnerable to rent increases above the five per cent cap.
Prince Edward Island announced that its 2025 rent increase guideline will be 2.3 per cent, however landlords can apply for an increase of up to 5.3 per cent. While some landlords have pushed back against the application of the rent increase guideline to both occupied and vacant units, claiming that it decreases rental construction, the opposition Green Party noted that investment in the construction sector has recently increased. At the same time, data shows that rent increases on PEI have outpaced the rate of inflation in recent years.
McGill University Professor Dr. David Wachsmuth released a report quantifying the impact of short-term rentals (STR) on housing affordability and rental prices across Ontario. The report shows that STR growth has led to significant rent increases, costing Ontarians $1.6 billion in additional rent since 2017. Meanwhile, current STR regulations have saved renters more than $1 billion annually. Municipalities with principal residence restrictions experienced rent increases that were 3.3 per cent lower than those without such restrictions. If expanded across Ontario, principal residence restrictions could save renters an additional $572 million annually. Similar outcomes were found in British Columbia.
Despite having some of the lowest rents in the country, rents in Saskatchewan rose faster than in any other province year over year, increasing by up to 18.4 per cent for a two-bedroom apartment in Saskatoon. Some landlords cited the need to increase rents due to increasing operating costs, such as property tax, utilities and maintenance. However, research shows a steep rise in the proportion of financialized landlords in Saskatchewan, with up to 70 times more corporate-owned rental units than in Manitoba. The research suggests that the lack of rent regulations in Saskatchewan attracts corporate landlords and contributes to rapidly increasing rents.
The Canadian Centre for Policy Alternatives released a report calling for British Columbia to build 250,000 non-market rental units over ten years to improve affordability and address wealth inequality. The report outlines the impact of the housing affordability crisis on the provincial economy and proposes several policy recommendations for all levels of government, including tax reforms, zoning changes, renter protections and the expansion of new programs, such as the Rental Protection Fund.
A Yukon judge struck down a section of the Safer Communities and Neighbourhoods Act that allowed for evictions with just five days’ notice. The judge cited that such evictions could cause “extraordinary psychological suffering,” infringing on the right to security of the person outlined in the Canadian Charter of Rights and Freedoms. Legal and community advocates have long advocated for changes to the legislation, which aims to address community safety concerns without involving the police. The rest of the legislation remains in place.
Municipalities across Ontario are implementing bylaws that seek to strengthen protections for renters. Following Hamilton and Toronto, London recently adopted a new renovictions bylaw, which requires landlords to obtain a renovation license and report stating the need for a unit to be vacant for renovations to proceed. While the bylaw aims to deter bad faith renovictions, some councilors and advocates called for it to be strengthened through more substantial penalties for landlords and additional supports for displaced renters. Meanwhile, Brampton’s rental licensing pilot program, aimed at addressing rental housing maintenance and safety issues, has led to 4,700 inspections and over 600 penalty notices. Despite some landlord opposition to the program, councilors noted the program’s success in identifying and addressing rental housing issues.
The latest developments in housing policy from across Canada:
On August 28, the federal government launched its Public Land Bank. This new initiative is part of the Public Lands for Homes Plan, which aims to address the housing shortage by leasing federal lands to housing developers. The government unveiled an initial list of 56 federal properties that are available for affordable housing development. A request for development proposals has already been issued on five properties, and the federal government has also launched a public consultation to explore housing solutions that can inform current and future versions of the initiative. By making this information readily available and streamlining the development process, the government hopes to accelerate the delivery of new housing units and better meet the growing demand for affordable housing across the country. However, advocates have noted the need to prioritize non-market, community housing to achieve the greatest impact.
A new Statistics Canada report reveals that over 100,000 short-term rentals (STRs) could be used for long-term rental housing. Despite representing only one per cent of Canada’s total housing stock, the total number of STRs has increased by 60 per cent since 2017 and the number of STRs renting out entire homes has grown by 80 per cent. Airbnb argued that the proportion of STRs is too negligible to impact housing availability and affordability. While the Statistics Canada report does not explore the impact of STR growth on affordability, Fairbnb says it directly affects vacancy rates and supply. Putting STRs back in the long-term housing market could potentially raise the national vacancy rate from 1.5 to 2.4 per cent. In Nova Scotia and P.E.I., municipalities have recently adopted new regulations to restrict the use of entire homes as STRs.
Provinces and municipalities exploring solutions as students face severe housing issues across the country
As students across the country prepare for a new academic year, they also have to contend with significant housing challenges. In British Columbia, 70 per cent of students are financially unstable, with 44 per cent unable to afford basic needs such as housing and food. Students in Saskatchewan are also facing severe rental housing issues, with student housing at capacity and very few affordable options available in the market. Similar situations are unfolding in Calgary, Ottawa, and Moncton. These trends highlight a broader problem affecting student well-being and academic success. Many institutions are overwhelmed by the demand for on-campus housing, and the shortage is putting additional pressure on students already dealing with financial strains. Governments across Canada are taking steps to find solutions to the crisis and accelerate the development of student housing. In British Columbia, Premier David Eby committed $300 million to build over 1,500 new student residences at the University of British Columbia. In Quebec, a new consortium led by UTILE is using prefabricated construction methods to address the student housing shortage. This initiative, which involves collaborations between construction companies and housing organizations, aims to mitigate delays and reduce costs associated with traditional construction.
Tiny homes and modular housing at the forefront of the fight against homelessness
To help quickly create temporary and permanent housing for people experiencing homelessness, the use of tiny homes and modular housing is on the rise across jurisdictions. At the federal level, the government is setting aside $500 million for developers that use modular or prefabricated construction techniques, which is expected to save 20 per cent of building costs while speeding up development by 20 to 50 per cent. In Nova Scotia, several municipalities are opening temporary shelter villages with self-contained tiny homes and on-site services to support individuals experiencing homelessness. In Saint John, the City is piloting a similar project which uses upcycled trailers to provide fully equipped studios on wheels to the homeless population. In Quebec and Ontario, local governments have chosen modular construction to create more transitional housing. The City of Montreal recently launched a pilot project to provide 60 modular housing units of different sizes for people experiencing homelessness who are also on a social housing waitlist. The City of Peterborough was recently recognized for its Modular Bridge Housing Community project, which was successful in transitioning people faster into permanent housing.
The office of the B.C. Human Rights Commissioner released a report highlighting human rights issues people face when accessing social services, particularly in the justice, healthcare and child welfare systems. Unaffordable and inadequate housing was found to be the leading human rights issue, particularly for women and girls facing violence. The report states that B.C. residents face the highest rate of unaffordable housing in the country and recognizes that thousands of people have been forced into homelessness as a result. The report explores how these disparities and systemic inequalities affect marginalized communities, and proposes recommendations to address these inequalities and improve outcomes for impacted communities.
In a recent decision, the British Columbia Court of Appeal overturned an eviction order for a social housing renter who owed $45 in unpaid rent. The renter received disability assistance and rent was paid directly to the housing provider by the Ministry of Social Development and Poverty Reduction. While the Ministry was responsible for the arrears on rent, the renter had since paid the difference directly to the housing provider but was still served a one-month eviction notice in September 2023. The renter’s eviction had been upheld by lower courts, but the appeal court found the decision “patently unreasonable”, highlighting the lack of proportionality in the Residential Tenancy Branch’s decision.
A recent ruling by the Residential Tenancy Branch (RTB) allowed a landlord to impose a 23.5 per cent rent increase beyond the 3.5 per cent annual limit. The RTB decision came in response to the landlord’s attempt to recover losses due to an increase in variable mortgage rates. While rent increases are capped annually in B.C., a regulation allows for extraordinary rent increases for unforeseen home financing increases. However, this regulation has been rarely used and previous court decisions have often rejected landlords’ claims to recoup mortgage financing losses. Advocates from the B.C. Tenant Resource and Advisory Centre and the Vancouver Tenants Union criticized the ruling and expressed concern that it could encourage landlords to shift the financial risk of their investment onto renters. They are calling on the provincial government to remove the regulation. In response, Housing Minister Ravi Kahlon recently announced that his Ministry will review the policy.
The Nova Scotia government is amending Halifax’s Charter to accelerate housing development and address the city’s housing crisis. The provincial government is introducing new regulations that will help simplify zoning laws and expedite permit approvals. The amendments aim to remove bureaucratic barriers and streamline processes for new housing projects, and require the municipality to prioritize increasing housing supply in all its planning decisions. Changes to minimum planning requirements will now allow residential construction in most of the city, reduce the use of urban space for parking and permit manufactured housing in all residential areas.
A recent report from the Association of Municipalities of Ontario (AMO) shows a significant rise in homeless encampments across Ontario, with over 1,400 homeless encampments last year. An initial provincial estimate indicated that the unhoused population is close to 234,000 people, however the province later walked back these estimates, but failed to provide an official number. AMO released a follow up report proposing recommendations to urgently address homelessness in the province. Ontario’s Big City Mayors endorsed these recommendations and launched a campaign calling on the provincial and federal governments to increase support and resources, including by creating a dedicated ministry to address the intertwined issues of homelessness, addiction, and mental health. While the province did not respond to these recommendations, it announced $378 million to create 19 Homelessness and Addiction Recovery Treatment Hubs, which will include up to 375 supportive housing units. At the same time, it introduced a new policy to ban safe consumption sites near schools, which will result in the closure of more than half of these sites. The Ontario NDP and Liberals, along with the Registered Nurses’ Association of Ontario, mental health advocates and shelter providers condemned the province’s approach and argue that restricting safe consumption sites could undermine harm reduction strategies, given the complexities of addiction and recovery.
The Ontario government introduced new planning rules aimed at increasing its supply of affordable housing following multiple rounds of public consultation. Under the updated Provincial Planning Statement (PPS), municipalities are required to set minimum housing targets to increase residential development and reach the province’s goal of 1.5 million homes by 2031. The new PPS also emphasizes streamlining approval processes and reducing bureaucratic delays to expedite construction. The new PPS promotes a balance of housing densification and intensification by requiring the development of a wide range of housing options, encouraging transit-supportive housing and guaranteeing minimal land servicing for the first phase of housing development projects. In addition, it focuses on affordable housing development for lower and moderate incomes, however its definition for affordability will not address the needs of those in greatest housing need. While many stakeholders welcome the new approach as a necessary step to tackle the housing crisis, some environmental groups and advocates have expressed concerns about potential challenges in implementation and the impact of the new directives on urban sprawl.
Wins and losses of advocates and municipalities to address rising renovictions
Since 2017, the number of eviction notices issued in Ontario for renovations, demolitions, or conversions has tripled. Across the province, renter groups are protesting renovictions, and municipalities are following suit by exploring local renter protection initiatives. In Cambridge, renters are rallying to prevent a mass renoviction at their apartment complex. Renters in Guelph are also organizing to advocate for stronger municipal bylaws to address renovictions. Both renter groups are supported by ACORN Ontario, which played a critical role in the adoption of a renoviction bylaw in Hamilton, Ottawa, London and Toronto are now considering new legislation aimed at curbing renovictions, modeled after Hamilton’s bylaw. Guelph’s mayor has also issued a call for action on a renoviction bylaw, reflecting growing local concerns about housing stability. At the federal level, the NDP unveiled a proposal to ban renovictions and fixed-term leases that often lead to instability for renters.
Quebec’s Housing Minister recently unveiled the province’s long-awaited housing strategy, which focuses on increasing housing supply and improving affordability. The strategy aims to create 560,000 new housing units and introduces various measures to support low- and moderate-income families and accelerate housing development. Both renter and landlord groups expressed reservations about the strategy’s focus on new construction. FRAPRU and RCLALQ criticized the strategy for its failure to address ongoing issues in the rental market and its lack of inclusion of social and deeply affordable housing, while the Association des Propriétaires du Quebec argue that the strategy overlooks financial challenges related to repairs and maintenance faced by existing rental property owners. Concerns were also raised about the rigidity of urban planning rules and whether the proposed measures are sufficient.
The Government of Yukon released a new report summarizing feedback from a review of its Residential Landlord and Tenant Act (RLTA). The report reflects input from various stakeholders, including renters, landlords, and community organizations, on issues related to rental housing regulations. Key recommendations include clearer rules on eviction processes, improved protections for renters, and better mechanisms for resolving disputes, reflecting some of CCHR’s recommendations. The report aims to guide future legislative changes and ensure that the RLTA effectively balances the interests of both renters and property owners to improve the rental housing system in Yukon.
MUNICIPAL / LOCAL
Municipal plans for sanctioned encampments
Several municipalities across Canada are implementing encampment response plans that seek to support unhoused residents, rather than criminalize homelessness. Hamilton is allowing encampments, provided they are not in proximity to certain social infrastructures, and is now considering designating sanctioned encampment sites with temporary shelters and on-site harm reduction services. Guelph recently determined that 90 per cent of its land could be suitable for sanctioned encampments, restricting the remaining 10 per cent. Similarly, Saint John is implementing a three-tier system of zones where encampments may be allowed, as part of its new municipal housing strategy. Halifax has already designated six sites for sanctioned encampments and is now developing a new Code of Conduct to help mitigate conflicts between encampment residents and the broader community. In each city, advocates have applauded the government’s initiatives and welcomed a more compassionate approach to encampments.
On September 16, 2024, the federal government released a Blueprint for a Renters’ Bill of Rights – an important measure that could move the needle on Canada’s housing affordability crisis by establishing national standards that protect housing stability and affordability for renters across the country.
The Renters’ Bill of Rights comes at a critical time, as Canada remains in the midst of an escalating housing crisis, where renters face soaring rental costs, few affordable options, and increasing levels of housing insecurity. Without adequate and consistent national standards to protect against excessive rents, arbitrary and unnecessary evictions, renovictions, disrepair, discrimination, and many other issues, renters are increasingly facing housing precarity and homelessness.
Landlord and tenant matters in Canada are governed by provincial and territorial residential tenancy legislation, and as a result, the rights and protections afforded to renters vary widely across Canada. For example, in half of Canada’s provinces and territories, rent increases are not regulated at all. In others, rent increases are regulated to a certain extent, but the rules do not apply to all renters, leaving many, in particular long-standing tenants, vulnerable to economically-motivated evictions.
Unequal housing laws across the country have contributed to a crisis where renters are struggling like never before. Building more market-rate housing will not help them right now when they need it most, but implementing national standards to protect the affordability and security of their current homes will. With the Renters’ Bill of Rights, the federal government has seized a critical opportunity to ensure that every renter in Canada is afforded the same baseline rights when it comes to their housing.
Over the past few months, the Canadian Centre for Housing Rights (CCHR) collaborated with housing advocates and leaders from across Canada to develop our key recommendations for what a strong Renters Bill of Rights must include. Below, we have outlined these key recommendations, our assessment of the government’s blueprint, and highlighted upcoming opportunities for communities to support the establishment of strong standard protections for renters across the country.
Recommended principles and scope
In consultation with housing advocates and leaders across the country, we developed the following principles and scope of rights and protections that would ensure a comprehensive, impactful, and robust Renters’ Bill of Rights
Principles
Three core principles must guide the development and implementation of standard renter protections across the country:
Taking a human rights-based approach A meaningful Renters’ Bill of Rights must align with the federal government’s commitment to implement the right to housing, which extends to provincial, territorial, and municipal governments. It should also recognize the role that housing providers must play in upholding the right to housing for renters. Moreover, the Renters’ Bill of Rights must be complemented with concurrent actions and investments that recognize housing as a human right, rather than an investment vehicle, including dedicated resources to increase the supply of deeply affordable and community housing, and taking seriously the need to address the root causes and impacts of the financialization of housing.
Ensuring enforcement and accountability Some provincial and territorial legislation already provides many of the standards and protections that should be included in the Renters’ Bill of Rights. However, without robust enforcement and accountability mechanisms (including sufficient resourcing), renters do not benefit from those protections in practice. A meaningful Renters’ Bill of Rights should include meaningful accountability mechanisms that uphold renters’ rights. This should include measures that prioritize support for those in greatest housing need and access to justice for low and moderate income renters.
Protecting all renters All renters must be afforded equal standard protections under the Renters’ Bill of Rights, regardless of where they live, their type of tenancy, or the type of rental housing that they occupy. However, there may be some specific circumstances where different rules may apply.
Scope
Building on these core principles, our specific recommendations are presented in six groupings that reflect the elements of the right to housing, as well as the principles of equity, equality, and access to justice:
The cost of housing should not interfere with renters’ ability to access other human rights (such as food), and should be reflective of household incomes, rather than tightly wedded to market forces. Rent increases must be moderate and predictable throughout and between tenancies, so that the cost of housing does not continue to interfere with the right of all Canadians to a secure home and a decent standard of living. To uphold affordability, at a minimum, the Renters’ Bill of Rights should include the:
Right to an affordable rent (e.g., rent regulation).
Eviction is a grave measure that leads to displacement and can result in homelessness. Eviction has very serious social, financial and psychological repercussions on individuals and families, and equity-deserving groups are most at risk. It follows that eviction should always be understood and treated as a last resort. In cases where a renter must vacate their rental home temporarily for renovations or repairs, rental agreements should not end, except by consent, and renters should be provided with adequate relocation and/or compensation until they are able to return to their home. To uphold security of tenure, at a minimum, the Renters’ Bill of Rights should include:
Right to protection against unnecessary, unfair, and/or automatic eviction (i.e., proportionality).
Right to remain in the rental unit through continuing tenancies (i.e., after redevelopment and as occupants not named on the lease. This would also prevent fixed term leases).
Right of renters to sublet and assign their rental unit to another renter.
Housing providers must maintain rental homes in a state of good repair, ensure renters have access to all necessary services, and that they are safe from health, structural, and other hazards, including those resulting from changing climate. To uphold habitability and availability of services, at a minimum, the Renters’ Bill of Rights should include:
Right to timely repairs and maintenance.
Right to services delivered via facilities and infrastructure (i.e., drinking water, sanitation, heating/cooling, etc.).
Renters should have access to housing that meets their needs, and a Renters’ Bill of Rights should recognize the broad range of accessibility requirements related to physical, intellectual, mental, and other types of disabilities. The unique needs of renters must also be respected, in particular for renters from Indigenous, Black, newcomer, immigrant, and other racialized and equity-deserving communities. To uphold accessibility and cultural adequacy, at a minimum, the Renters’ Bill of Rights should include:
Right to accommodations and/or adaptations for accessibility and cultural adequacy.
Renters should experience equitable treatment and freedom from discrimination, harassment, and other threats, both in seeking and maintaining their housing. Renters should also be free to enjoy their rental home without invasion of privacy or other undue interference from their housing provider or other renters. To uphold equity and equality, at a minimum, the Renters’ Bill of Rights should include:
Right to equitable treatment in accessing and maintaining housing.
Right of renters to privacy and quiet enjoyment in their rental unit.
Renters should have access to enforcement and accountability mechanisms that ensure they benefit from protections in place and that account for the inherent power imbalance between renters and housing providers. To uphold access to justice, at a minimum, the Renters’ Bill of Rights should include:
Right to transparency in rent pricing and landlord information (i.e., rental registry).
Right to clear, accessible legal information and supports (i.e., access to rental information, legal advice, system navigation, etc.).
Right to legal counsel.
Right to effective, procedurally fair dispute resolution.
Right to effective, timely enforcement of rights.
Right to a landlord that knows the law (i.e., training).
Right to organize and collectively bargain without penalty.
Input from housing advocates and organizations
CCHR and our partners have emphasized to the federal government the importance of developing the Renters’ Bill of Rights in consultation with renter communities, advocates and civil society to ensure these protections truly address the needs of renters and reflect their voices.
In August 2024, CCHR surveyed tenant groups and housing organizations from across Canada, collecting their input on the rights that should be included in the Renters’ Bill of Rights, based on the list of rights outlined above.
We received over 50 responses from eight jurisdictions across the country. The vast majority of respondents strongly endorsed the above list of rights, and provided some helpful context and recommendations around the importance of these rights and actions that governments could take to implement them. Common themes from the survey results reflected the need for a comprehensive suite of renter protections with robust accountability and enforcement mechanisms, including:
Strong rent regulation and protection against eviction, especially as it relates to renovictions.
Clear standards and definitions of affordability, habitability, accessibility, and cultural adequacy.
Funding to support landlord compliance with habitability standards and accommodations for accessibility and cultural adequacy to ensure costs are not downloaded onto renters.
Strong anti-discrimination laws to cover all protected human rights grounds, including prohibiting discriminatory screening practices to select renters.
Legal support for renters, including accessible channels to report issues without fear of retaliation.
A public database of rental housing ownership, rent prices, property conditions, maintenance requests, compliance, etc.
Clear, accessible information about landlord and renter rights and responsibilities, including education and training.
Well-resourced tribunals to investigate, monitor, and enforce landlord compliance, including timely dispute resolution, regular inspections, and strong penalties for violations.
Measures to address the financialization of housing, including greater investment in non-market housing and limits on investment properties.
Annual review of the Renters’ Bill of Rights to evaluate its effectiveness.
While respondents were overwhelmingly supportive of stronger renter protections across the country, some also expressed skepticism around the likelihood of their provincial or territorial government adopting and/or enforcing these protections. To be sure, the implementation of the Renters’ Bill of Rights will require cooperation between different levels of government. However, we have reason to be optimistic that this can be achieved, as this type of intergovernmental cooperation is not unprecedented. For example, over the course of 20 years after it was introduced by the federal government, the National Building Code was adopted by every province and territory as a standard for building design and construction.
Given the context, it will be incumbent on the federal government to adopt strategies that will ensure provinces and territories adopt and uphold these critical renter protections at a time when Canadians need them most. Likewise, renter advocates and organizations have a key role to play in encouraging adoption, and holding governments accountable for their responsibility to ensure equal and consistent rights for renters across the country.
The Renters’ Bill of Rights blueprint
The release of the Renters’ Bill of Rights blueprint is a significant step in the right direction, signaling that the federal government understands that uneven and precarious protections for renters are inadequate, and that renters are suffering as a result. The blueprint outlines a range of important measures that if implemented consistently across the country, would improve fairness, equality, access, and affordability for renters, including:
protections against excessive rent increases and forced evictions
proportionality in renting practices (e.g., considering fairness and timing related to rent increases, evictions, and other renting issues)
continued tenancies in the event of a unit change
renter relocation assistance in cases of displacement
accessible rental information
measures to address discrimination
standards for rental housing quality
compulsory landlord training
shifting the onus of proof to landlords to end tenancy agreements
legal support and education for renters
improved tribunal processes and authority to impose substantial penalties
Importantly, the blueprint is framed around the shared responsibilities of federal, provincial, and territorial governments to advance the right to adequate housing, including through sufficient investments in non-market, affordable housing. The federal government will encourage uptake by provinces and territories through tying the Renters’ Bill Rights to a new Canada Housing Infrastructure Fund. Provinces and territories can only access the $5 billion available through this fund if they implement measures from the Renters’ Bill of Rights and Home Buyers’ Bill of Rights.
In the coming months, it will be critical that they follow through to ensure the adoption of these standards by providing strong incentives, direction and accountability mechanisms. While it is encouraging to see that provinces and territories will be required to report on their progress to advance renters’ rights, it is currently unclear what mechanisms will be in place to ensure that these essential standards will be enforced across the country and we look forward to hearing more on this.
The Renters’ Bill of Rights is the most concrete way that governments can improve housing stability and prevent homelessness for those most at risk right now. Its adoption across the country must become a key priority for the government. Commitments to build more market-based housing as a strategy to address the affordability issues may sound logical, but the reality is these measures are simply not an adequate response to the crisis that is ravaging lower income communities. It is well understood that in the absence of robust affordability requirements, new private market housing will not be affordable, especially for low- and moderate-income residents. Studies have shown that increasing supply does not meaningfully lower rents in existing homes, and in some cases, can have the opposite effect.
Opportunities for communities to advocate for a robust Renters’ Bill of Rights
In the coming months, we hope to see strong incentives for the adoption of the Renters’ Bill of Rights alongside government-led public consultations. CCHR views the Renters’ Bill of Rights as a critical opportunity to ensure there are equal protections for renters across the country – something that should have been in place a long time ago.
We will be organizing a series of public workshops across the country this fall to raise awareness of its importance and mobilize communities to advocate for a robust Renters’ Bill of Rights to address the challenges and inequities facing renters across Canada, with concrete actions that hold all levels of government accountable for upholding renters’ rights.
Ce qu’une Charte des droits des locataires solide pourrait signifier pour les locataires au Canada
Le 16 septembre 2024, le gouvernement fédéral a publié un Plan pour une Charte des droits des locataires, une mesure importante qui pourrait faire avancer le droit au logement au Canada en établissant des normes nationales qui protègent la stabilité et l’abordabilité du logement pour les locataires partout au pays.
La Charte des droits des locataires arrive à un moment critique, alors que le Canada est en pleine crise du logement, avec des loyers en forte hausse, peu d’options abordables et une insécurité du logement croissante. En l’absence de normes nationales adéquates et cohérentes pour se protéger contre les loyers excessifs, les évictions arbitraires et inutiles, le délabrement, les rénovictions, la discrimination et bien d’autres défis, les locataires sont de plus en plus confrontés à la précarité dans le logement et à l’itinérance.
Les questions relatives aux ententes entre propriétaires et aux locataires au Canada sont régies par les lois provinciales et territoriales sur la location résidentielle et, par conséquent, les droits et les protections accordés aux locataires varient considérablement à travers le Canada. Par exemple, dans la moitié des provinces et des territoires, les augmentations de loyer ne sont pas du tout réglementées. Dans d’autres, les augmentations de loyer sont réglementées dans une certaine mesure, mais les règles ne s’appliquent pas à tous les locataires, ce qui rend nombre d’entre eux vulnérables aux évictions motivées par des raisons économiques, en particulier les locataires de longue date.
Les disparités entre les lois sur le logement d’une province à l’autre ont contribué à une crise où les locataires rencontrent des difficultés sans précédent. Construire davantage de logements au prix du marché ne les aidera pas maintenant, au moment où ils en ont le plus besoin, mais la mise en œuvre de normes nationales visant à protéger l’abordabilité et la sécurité de leurs logements actuels le fera. Avec la Charte des droits des locataires, le gouvernement fédéral a saisi une occasion cruciale de garantir que chaque locataire au Canada bénéficie des mêmes droits de base en matière de logement.
Au cours des derniers mois, le Centre Canadien du droit au logement (CCDL) a collaboré avec des défenseurs et des experts en droit au logement de partout au Canada pour élaborer un ensemble de recommandations sur ce que doit inclure une solide Charte des droits des locataires. Ci-dessous, nous avons décrit ces principales recommandations, notre évaluation du plan directeur du gouvernement et mis en lumière les opportunités pour le milieu communautaire de soutenir l’établissement de normes minimales de protection pour les locataires du Canada.
Principes recommandés et portée
En consultation avec les défenseurs et les experts en droit au logement, nous avons proposé les principes suivants et défini leur champ d’application aux droits et protections qui garantiraient une Charte des droits des locataires complète, efficace et solide.
Principes
Trois principes fondamentaux doivent guider l’élaboration et la mise en œuvre de mesures de protection standards pour les locataires Canadiens :
Adopter une approche fondée sur les droits de la personne Une Charte des droits des locataires forte doit s’aligner sur l’engagement du gouvernement fédéral à mettre en œuvre le droit au logement, qui s’étend aux gouvernements provinciaux, territoriaux et municipaux. Elle devrait également reconnaître le rôle que doivent jouer les propriétaires de logements pour faire respecter le droit au logement des locataires. En outre, la Charte des droits des locataires doit être accompagnée simultanément de mesures politiques, juridiques et financières qui reconnaissent le logement comme un droit humain, et non comme un véhicule d’investissement. Cela implique de dédier des ressources pour accroître l’offre de logements abordables et communautaires, tout en prenant en compte la nécessité de s’attaquer aux causes fondamentales et aux effets de la financiarisation du logement.
Assurer l’application de la loi et la reddition de comptes Certaines lois provinciales et territoriales respectent déjà bon nombre des normes et des protections prévues par la Charte des droits des locataires. Toutefois, sans mécanismes solides d’application de la loi et de reddition de comptes (incluant l’allocation de ressources suffisantes), les locataires ne bénéficient pas réellement de ces protections. Une véritable Charte des droits des locataires devrait inclure des mécanismes de responsabilisation efficaces qui respectent les droits des locataires. Elle devrait inclure des mesures qui soutiennent en priorité les personnes ayant le plus besoin de logement et l’accès à la justice pour les locataires à revenus faibles et modérés.
Protéger tous les locataires Tous les locataires doivent bénéficier des mêmes protections standards en vertu de la Charte des droits des locataires, quel que soit leur lieu de résidence, leur type de bail ou le type de logement locatif qu’ils occupent. Toutefois, il peut y avoir des circonstances particulières dans lesquelles des règles différentes peuvent s’appliquer.
Portée
S’appuyant sur ces principes fondamentaux, nos recommandations particulières sont déclinées en six points qui reflètent les éléments du droit au logement, ainsi que les principes d’équité, d’égalité et d’accès à la justice :
Le coût du logement ne devrait pas interférer avec la capacité des locataires à jouir de leursautres droits (comme le droit à une alimentation suffisante) et devrait refléter les niveaux de revenus des ménages, plutôt que d’être soumis aux forces du marché. Les augmentations de loyer doivent être modérées et prévisibles tout au long et entre les ententes de locations, afin que le coût du logement n’entrave pas le droit de tous les Canadiens à une sécurité du logement et à un niveau de vie décent. Pour maintenir l’abordabilité dans le logement, la Charte des droits des locataires devrait inclure au minimum les éléments suivants :
droit à un loyer abordable (c.-à-d. réglementation des loyers).
L’éviction est une mesure grave qui entraîne le déplacement des habitantset peut mener à l’itinérance. Les évictionsont de très graves répercussions sociales, financières et psychologiques sur les individus et les familles, et les groupes méritant l’équité sont les plus vulnérables. Par conséquent, les évictions doivent toujours être comprises et traitées comme une mesure dedernier ressort. Dans le cas où un locataire doit temporairement quitter son logement pour cause de rénovations ou réparations, le bail ne devrait pas prendre fin, sauf par consentement mutuel, et les locataires devraient bénéficier d’une relocalisation temporaire ou d’une indemnisation suffisantejusqu’à ce qu’ils soient en mesure de réinvestir leur logement. Pour garantir la sécurité d’occupation, la Charte des droits des locataires devrait inclure au minimum les éléments suivants :
droit à la protection contre les évictions arbitraires, inutiles, ou automatiques (c.-à-d. principe de proportionnalité);
droit au maintien dans le logement par le biais de baux à durée indéterminée (par exemple après un projet de réaménagement, et pour les occupants non-inscrits au bail). Cela permettrait également d’éviter les baux à durée fixe;
droit des locataires de sous-louer et de céder leur logement à un autre locataire;
droit des locataires d’avoir des invités et des colocataires.
Les fournisseurs de logements doivent maintenir leurs logements locatifs en bon état, s’assurer que les locataires ont accès à tous les services nécessaires et qu’ils sont à l’abri de tous risques qui pourraient menacer leur santé, dangers structurels et autres risques, y compris les risques liés au changement climatique. Pour garantir l’habitabilité et la disponibilité des services, la Charte des droits des locataires devrait inclure au minimum les éléments suivants :
droit à des réparations dans le logement et à un entretien des lieux dans un délai raisonnable;
droit d’accès aux services urbains de base (c.-à-d. eau potable, assainissement, chauffage, climatisation, etc.).
Les locataires devraient avoir accès à un logement qui réponde à leurs besoins, et la Charte des droits des locataires devrait reconnaître le large éventail d’exigences en matière d’accessibilité liées aux handicaps physiques, intellectuels, mentaux et autres. Les besoins uniques des locataires doivent être respectés, en particulier ceux des locataires issus de communautés autochtones, noires ou racisées, nouveaux arrivants, immigrants et autres groupes privésd’équité. Pour garantir l’accessibilitéet l’adéquation culturelle dans le logement, la Charte des droits des locataires devrait inclure au minimum les éléments suivants :
droit à des mesures d’adaptation pour l’accessibilité et l’adéquation culturelle.
Les locataires doivent bénéficier d’un traitement équitable et être à l’abri de toute forme de discrimination, harcèlement et autres menaces, tant dans la recherche de leur logement que durant son occupation. Les locataires devraient également être libres de profiter de leur logementsans qu’il y aitatteinte à leur vie privée ni ingérence excessivede la part de leur fournisseur de logement ou d’autres locataires. Pour maintenir l’équité et l’égalité dans le logement, la Charte des droits des locataires devrait inclure au minimum les éléments suivants :
droit à un traitement équitable dans l’accès au logement et son occupation;
droit des locataires à l’intimité et à la jouissance paisible de leur logement.
Les locataires devraient avoir accès à des mécanismes d’application de la loi et de responsabilisation qui garantissent qu’ils bénéficient des protections en place et qui tiennent compte du déséquilibre de pouvoir inhérent entre locataires et fournisseurs de logements. Pour garantir l’accès à la justice, la Charte des droits des locataires devrait inclure au minimum les éléments suivants :
droit à la transparence en matière de prix des loyers et ’informations sur les propriétaires (c.-à-d. registre des loyers);
droit à de l’information et de l’aide juridique clairs et accessibles (c.-à-d. accès aux informations sur la location, conseils juridiques, navigation du système, etc.);
droit à un avocat-conseil;
droit à un règlement des litiges efficace et équitable sur le plan procédural;
droit à l’application prompte et efficace de la loi;
droit à un propriétaire qui connaît la loi (c.-à-d. formation);
droit de s’organiser et de négocier collectivement sans pénalité.
Contribution des défenseurs et des organismes du droit au logement
Le CCDL et ses partenaires ont fait valoir au gouvernement fédéral l’importance d’élaborer la Charte des droits des locataires en consultation avec les groupes de locataires, les défenseurs du droit au logement et la société civile pour garantir que ces protections répondent véritablement aux besoins des locataires et reflètent leur opinion.
En août 2024, le CCDL a sondé des groupes de locataires et des organismes de défense du droit au logement de partout au Canada, et a recueilli leurs commentaires sur les droits qui devraient être inclus dans la Charte, suivant la liste des droits décrite plus haut.
Nous avons reçu plus de 50 réponses en provenance de huit provinces et territoires. La grande majorité des répondants ont fortement approuvé la liste de droits proposée par le CCDL et ont fourni des informations sur leur contexte et des recommandations utiles sur l’importance de ces droits et sur les mesures que leurs gouvernements pourraient prendre pour les mettre en œuvre. Les thèmes communs issus des résultats de l’enquête reflètent la nécessité d’une série complète de mesures de protection des locataires, dotées de mécanismes de responsabilisation et d’application de la loi robustes, notamment :
une réglementation stricte des loyers et une protection contre les évictions, particulièrement en cas de rénoviction;
des normes et définitions claires en matière d’abordabilité, d’habitabilité, d’accessibilité et d’adéquation culturelle;
du financement pour soutenir la conformité des logements aux normes d’habitabilité et aux mesures d’adaptation en matière d’accessibilité et d’adéquation culturelle afin de garantir que ces coûts ne soient pas à la charge des locataires;
des lois anti-discrimination strictes couvrant tous les motifs de protection des droits de la personne, y compris l’interdiction des pratiques de sélection des locataires discriminatoires;
un soutien juridique pour les locataires, incluant des canaux de communication accessibles pour signaler les problèmes sans crainte de représailles;
une base de données publique sur les propriétaires de logements locatifs, les prix des loyers, l’état des propriétés, les demandes d’entretien, la conformité aux normes de salubrité, etc.;
des informations claires et accessibles sur les droits et responsabilités des propriétaires et des locataires, y compris des formations et des ressources éducatives;
des tribunaux dotés de ressources suffisantes pour enquêter, surveiller et faire respecter la conformité des logements, y compris une résolution rapide des différends, des inspections régulières et de lourdes sanctions en cas d’infractions;
des mesures visant à lutter contre la financiarisation du logement, notamment en investissant davantage dans le logement social et communautaire et en limitant les investissements immobiliers;
une révision annuelle de la Charte des droits des locataires pour évaluer son efficacité.
Bien que les répondants soient largement favorables à des mesures de protection plus fortes pour tous les locataires du Canada, certains ont également exprimé des doutesquant à la probabilité que leur gouvernement provincial ou territorial adopte ou applique ces mesures de protection. Il est certain que la mise en œuvre de la Charte des droits des locataires nécessitera une coopération étroite entre les différents paliers de gouvernement. Nous avons cependant des raisons d’être optimistes quant à la possibilité d’y parvenir, car ce type de coopération intergouvernementale n’est pas sans précédent. Par exemple, au cours des 20 années qui ont suivi son introduction par le gouvernement fédéral, le Code national du bâtiment a été adopté par chaque province et territoire comme standard de conception et de construction des bâtiments.
Compte tenu du contexte actuel, il incombera au gouvernement fédéral d’adopter des stratégies qui garantiront que les provinces et les territoires adoptent et maintiennent ces protections essentielles pour les locataires à un moment où les Canadiens en ont le plus besoin. De même, les groupes et organismes de défense du droit au logement ont un rôle clé à jouer pour encourager l’adoption de ces protections et tenir les gouvernements responsables de leur devoir de garantir des droits égaux et cohérents pour tous les locataires du Canada.
Plan pour une Charte des droits des locataires
La publication du Plan pour une Charte des droits des locataires constitue un pas en avant significatif, qui montre que le gouvernement fédéral comprend que des protections inégales et précaires pour les locataires sont inadéquates et que ces derniers en souffrent. Le plan présente une série de mesures importantes qui, si elles étaient mises en œuvre de manière cohérente dans tout le pays, amélioreraient l’équité, l’égalité, l’abordabilité et un meilleuraccès au logement pour les locataires, notamment les mesures suivantes :
des protections contre les augmentations excessives des loyers et les évictions forcées;
la proportionnalité dans les pratiques de gestion locative (par exemple, en tenant compte des mesures d’équité et de la fréquence des augmentations de loyer ou des évictions et autres problèmes de location);
le maintien des baux en cas de changement d’unité;
une aide au déménagement en cas de déplacement des locataires;
des informations sur le logement faciles d’accès;
des mesures pour lutter contre la discrimination;
des normes de qualité pour les logements locatifs;
une formation obligatoire pour les propriétaires;
un transfert du fardeau de la preuve aux propriétaires pour la résiliation de bail;
un soutien juridique et une formation pour les locataires;
l’amélioration des procédures au tribunal et du pouvoir d’imposer des sanctions substantielles.
Il est important de noter que le plan directeur s’articule autour des responsabilités communes des gouvernements fédéral, provinciaux et territoriaux pour faire progresser le droit à un logement décent, notamment par des investissements suffisants dans le logement abordable et à but non-lucratif. Le gouvernement fédéral compte encourager l’adoption de cette mesure par les provinces et les territoires en liant la Charte des droits des locataires à un nouveau Fonds canadien pour les infrastructures liées au logement. Les provinces et territoires ne pourront accéder aux 5 milliards de dollars disponibles dans le cadre de ce fonds seulement s’ils mettent en œuvre les mesures contenues dans la Charte des droits des locataires et dans la Charte des droits des acheteurs d’une propriété.
Dans les mois à venir, il sera essentiel que les gouvernements provinciaux et territoriaux prennent les mesures nécessaires pour garantir l’adoption de ces normes en fournissant des mesures incitatives, de l’orientation et des mécanismes de responsabilisation solides. Bien qu’il soit encourageant de constater que les provinces et territoires seront tenus de rendre compte de leurs progrès en lien avec l’avancement des droits des locataires, on ne sait pas encore quels mécanismes seront mis en place pour garantir que ces normes essentielles soient appliquées dans tout le pays et nous attendons avec intérêt d’en apprendre plus à ce sujet.
La Charte des droits des locataires est le moyen le plus concret dont disposent les gouvernements pour améliorer la sécurité du logement et prévenir l’itinérance chez les personnes les plus vulnérables. Son adoption à l’échelle du pays doit devenir une priorité absolue pour le gouvernement. Les engagements visant à construire davantage de logements au prix du marché comme stratégie pour résoudre les problèmes d’abordabilité peuvent sembler logiques, mais la réalité est que ces mesures ne constituent tout simplement pas une réponse adéquate à la crise qui ravage les communautés à faible revenus. Il va de soi qu’en l’absence d’exigences rigoureuses en matière d’abordabilité, les logements neufs construits par le marché privé ne seront pas abordables, en particulier pour les résidents à revenus faibles et modérés. Des études ont montré que l’augmentation de l’offre ne réduit pas de manière significative les loyers des logements existants et, dans certains cas, peut avoir l’effet inverse.
Opportunités pour le milieu communautaire de plaider en faveur d’une Charte des droits des locataires consistante
Dans les mois à venir, nous espérons que l’adoption de la Charte des droits des locataires sera fortement encouragée, parallèlement aux consultations publiques qui seront menées par le gouvernement. Le CCDL considère la Charte des droits des locataires comme une occasion cruciale de garantir des protections égales pour les locataires à travers le pays, quelque chose qui aurait dû être mis en place il y a longtemps.
Nous organiserons une série d’ateliers publics d’envergure nationale cet automne pour sensibiliser et mobiliser le milieu communautaire afin de plaider en faveur d’une Charte des droits des locataires solide pour relever les défis et les inégalités auxquels font face les locataires partout au Canada, avec des mesures concrètes qui tiennent tous les niveaux de gouvernement responsables quant au respect des droits des locataires.
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Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.
Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.
Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.
Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.
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