With over 170 entries, this annotated bibliography represents the first comprehensive collection of grey literature on the right to housing for disabled people in Canada, focusing on four provinces – British Columbia, Manitoba, Nova Scotia and Ontario – as well as Canada-wide and international sources. It aims to fill a significant gap in existing research by providing a resource that captures the evolving landscape of housing rights for disabled individuals over the past 30 years.
This bibliography is particularly valuable because it highlights both progress and ongoing challenges in this area, offering a nuanced view of what has and has not changed. As grey literature often bypasses the lengthy peer review and editorial processes of academic publishing, it can provide more current and diverse insights. This is especially important for underrepresented areas and authors who might lack access to traditional publishing platforms.
Our hope is that it will serve as a crucial tool for both academic researchers and community-based groups, reflecting the lived experiences of disabled individuals and the work of non-profit organizations dedicated to service and advocacy. Ultimately, we envision this bibliography as a catalyst for political and social change, informing efforts to secure and improve the right to housing for disabled people in Canada.
Our aim is continue adding new entries to this annotated bibliography in the coming year. If you would like to make a contribution, please contact us:
Email: research [at] housingrightscanada.com
A note on terminology
* The use of “person-first” language (people with disabilities) vs. “identity-first” language (disabled people) is contentious within disability communities. Identity-first language is generally preferred by contemporary disability activists as it places the focus on societal barriers (i.e., disabled people are disabled by society). However, some others, especially people labelled with an intellectual disability, tend to prefer person-first language. We have used both forms in this paper to respect the preferences of members of these various communities.
The lack of affordable rental housing and the sharp rise in rents have become key issues in Alberta. On December 5, 2023, Alberta’s Housing Critic tabled a Private Members’ Bill to introduce temporary rent caps. Bill 205 represents a vital first step toward rent regulation in the province, and if implemented, can help keep Alberta’s renters in their homes.
Our Advocacy Toolkit for Bill 205 offers several actions that you can take to lend your voice in support of the bill and rent regulations in Alberta.
Inside the toolbox you’ll find:
The Canadian Centre for Housing Rights undertook a research project from 2023-2024 to deepen an understanding of the relationship between gender-based violence (GBV) and housing insecurity in Ontario, as well as to understand how the province’s housing affordability crisis is impacting the housing experiences of survivors.
The new knowledge produced through this project will help inform policy solutions that can improve the housing conditions of survivors of GBV.
Gender-based violence (GBV) and intimate partner/interpersonal violence (IPV) are pervasive problems in Canada, and there is extensive literature on these issues. However, little is known about the relationship between GBV and housing insecurity. To address this knowledge gap, CCHR examined this relationship and how the housing affordability crisis in Ontario is impacting survivors’ housing experiences in five Ontario communities: Toronto, Ottawa, Peterborough, Thunder Bay and Lanark County.
CCHR undertook a survey with survivors, interviews with service providers and an analysis of housing market conditions in each community under study to illustrate the ways in which the ongoing crisis of housing affordability in Ontario is impacting the housing security of survivors.
Our research report “Nowhere To Go: Gender-based Violence and Housing Insecurity in Ontario” presents a detailed examination of these key findings from our research:
Based on these key findings, CCHR has also developed the following policy recommendations that aim to improve the housing conditions of survivors. Read our report for detailed information about these solutions.
Affordability measures:
Provision of services and supports
Address discrimination
Inclusive and anti-colonialist considerations
This project is generously supported by the Canada Mortgage and Housing Corporation’s National Housing Strategy Research and Planning Fund.
CCHR would also like to acknowledge the contributions of our advisory council, Dr. Carolyn Whitzman, the Canadian Women’s Foundation and the Woman Abuse Council of Toronto (WomanACT), in informing the project’s methods, in carrying out data collection and in advising this research. CCHR would like to thank Dr. Jewelles Smith of Procne Navigation for her support with this research. CCHR would also like to thank the many individuals working in service provision who took time to participate in an interview and distribute the project’s survey as well as the individuals with lived experience of gender-based violence and related housing insecurity who generously shared their time and expertise to participate in our survey.
This research received ethics approval from the Community Research Ethics Office in Waterloo, Ontario.
On this page, find key information about the rent regulation laws in place in your province or territory, including about:
* The information on this page was last updated in May 2024.
Can my landlord increase my rent?
Yes, subject to certain rules.
Does my province have a rent control policy?
No, Alberta does not have a rent control policy, and there are no limits to how much a landlord may increase the rent. But there are some rules in the Residential Tenancies Act (RTA) on how and when rent can be increased.
What are the rules around rent increases?
Can my landlord increase my rent?
Yes, subject to certain rules.
Does my province have a rent control policy?
Yes, British Columbia has a rent control policy in the Residential Tenancies Act (RTA) which sets the maximum limits by which landlords can increase the rent every year.
What are the rules around rent increases?
Can my landlord increase my rent by more than what limit allows?
If a landlord wants to raise the rent beyond the limits allowed in the RTA, they can apply to the Residential Tenancies Branch. The RTA lists specific reasons why a landlord can apply for an above limit which include:
Do rent control limits apply when renters change?
When a renter leaves a unit, there are no legal limits for how much a landlord can increase the rent for a new renter.
Can my landlord increase my rent?
Yes, subject to certain rules.
Does my province have a rent control policy?
Yes. Manitoba has a rent control policy in the Residential Tenancies Act (RTA)which sets the maximum limits by which landlords can increase the rent every year. There is currently a rent freeze in place which means that for 2022 and 2023 the rent increase limit is 0%.
What are the rules around rent increases?
Can my landlord increase my rent by more than what limit allows?
A landlord may apply to the Director of Residential Tenancies to be allowed to raise the rent above the annual limit. If a renter objects to the increase, they may file an objection with the Director.
Do rent control limits apply when renters change?
If a renter moves out of a unit in a building that has four or more units, the rent charged for the new renter may be increased to the average rent being charged for similar units in the same building if notice is given to the new renters. But if a renter moves out of a rental unit in a building that has three units or less, the landlord can increase the rent by any amount that they decide, if they provide notice to the new renters.
Can my landlord increase my rent?
Yes, subject to certain rules.
Does my province have a rent control policy?
Yes. New Brunswick has a rent control policy in the Residential Tenancies Act (RTA) which says that landlords cannot increase the rent to more than what is reasonable in relation to the rent charged for comparable units in the same geographical area. However, the policy only applies if a tenant takes steps to enforce it.
What are the rules around rent increases?
Can my landlord increase my rent?
Yes, subject to some rules.
Does my province have a rent control policy?
No. Newfoundland and Labrador does not have a rent control policy, and there are no limits to how much a landlord may increase the rent. But there are some rules in the Residential Tenancies Act (RTA) on how and when rent can be increased.
What are the rules around rent increases?
Can my landlord increase my rent?
Yes, subject to certain rules.
Does my territory have a rent control policy?
No. Northwest Territories does not have a rent control policy, and there are no limits to how much a landlord may increase the rent. But there are some rules in the Residential Tenancies Act (RTA) on how and when rent can be increased.
What are the rules around rent increases?
Can my landlord increase my rent?
Yes, subject to certain rules.
Does my province have a rent control policy?
No. Nova Scotia does not have a permanent rent control policy, and there are no limits to how much a landlord may increase the rent. But there are some rules in the Residential Tenancies Act on how and when rent can be increased. The province implemented a temporary rent control policy in November 2020 in response to the COVID-19 Pandemic, which is set to expire on December 31, 2023.
What are the general rules around rent increases?
What is the temporary rent control policy?
Can my landlord increase my rent?
Yes, subject to certain rules.
Does my territory have a rent control policy?
No. Nunavut does not have a rent control policy, and there are no limits to how much a landlord may increase the rent. But there are some rules in the Residential Tenancies Act (RTA) on how and when rent can be increased.
What are the rules around rent increases?
Can my landlord increase my rent?
Yes, subject to certain rules.
Does my province have a rent control policy?
Yes, Ontario has a rent control policy in the Residential Tenancies Act (RTA) which sets the maximum limits by which landlords can increase the rent every year. In Ontario these are referred to as guidelines.
What are the rules of rent increases?
After a renter moves in, a landlord must wait at least 12 months before raising the rent. After that, any rent increases must also be 12 months apart.
Landlords must give renters a written notice of at least 90 days before the rent goes up. The notice should be on one of the forms from the Landlord and Tenant Board (LTB). Even if the landlord does not use the LTB form, a notice might still be valid if it includes all the information that can be found on the LTB form.
Can my landlord increase my rent by more than what limit allows?
Landlords can apply to the LTB for permission to raise the rent by more than what is allowed in the guideline. This is referred to as an above guideline increase or AGI. The RTA lists specific reasons why a landlord can apply for an AGI which include:
If the landlord gets approval for an AGI, they must still wait 12 months between rent increases and give 90 days’ written notice to the renter before the rent goes up.
Do rent control limits apply when renters change?
When a renter leaves a unit, there are no legal limits for how much a landlord can increase the rent for a new renter.
Can my landlord increase my rent?
Yes, subject to certain rules.
Does my province have a rent control policy?
Yes, Prince Edward Island has a rent control policy in the Rental of Residential Property Act. Each year the amount of rent increase that is allowed is decided by the Island Regulatory and Appeals Commission (IRAC). IRAC considers several factors to calculate the rent increase limit including vacancy rates, the economic outlook for the province, and changes to the Consumer Price Index.
What are the rules around rent increases?
Can my landlord increase my rent by more than what limit allows?
If a landlord wants to raise the rent above the limit that is allowed, they must apply to the Office of the Director of Residential Rental Property, and the Director will decide on the increase. A hearing must take place which may be attended by the renter. The Director will consider different factors when making their decision including:
Do rent control limits apply when renters change?
Rent increases are attached to the unit and not the renter. Rent cannot be automatically increased between different renters. If a new renter moves in, the landlord can only increase the rent according to the rules around rent increases mentioned above. If a landlord wants to increase the rent beyond the limit, they must apply to the Office of the Director of Residential Rental Property.
Can my landlord increase my rent?
Yes, subject to certain rules.
Does my province have a rent control policy?
Yes, but it only applies if a tenant refuses a proposed increase within one month of receiving notice of it. If a tenant doesn’t refuse, then a landlord can increase the rent by any amount.
What are the rules around rent increases?
Can my landlord increase my rent?
Yes, subject to certain rules.
Does my province have a rent control policy?
No. Saskatchewan does not have a rent control policy, and there are no limits to how much a landlord may increase the rent. But there are some rules in the Residential Tenancies Act (RTA) on how and when rent can be increased.
What are the rules around rent increases?
Can my landlord increase my rent?
Yes, subject to certain rules.
Does my territory have a rent control policy?
No. Yukon does not have a permanent rent control policy and there are no limits to how much a landlord may increase the rent. But there are some rules in the Residential Landlord and Tenant Act on how and when rent can be increased. A temporary rent control policy was introduced in May 2021 that will be in place until January 31, 2023.
What are the general rules around rent increases?
What is the temporary rent control policy?
Evictions are an unfortunate reality in Canada. Nearly one out of 10 Canadian households (7%) report that they have been evicted at some point in their lives. Provincial laws use evictions to address a wide range of issues, such as financial difficulties leading to unpaid rent, disputes between neighbours, safety concerns, owners’ changing plans, and more. Undeniably, these issues need to be addressed. However, eviction is a blunt instrument which has devasting impacts on renter households. It should only ever be used as a last resort.
In Canada, evictions are not always a last resort. Eviction laws in Canada do not adequately address alternatives to eviction. Instead, laws frequently treat eviction as the only solution available to address tenancy issues. To take just a few real-life examples of how alternatives to evictions are not systematically pursued:
In each of these cases, and countless others, a renter lost their home unnecessarily because the law did not require that the adjudicator consider any alternative to eviction.
In order to pursue eviction as a last resort, proportionality can be used as an assessment tool.
Proportionality is a legal framework for deciding whether an eviction is necessary. Under a proportionality framework, a household can only be evicted if all of the following are true:
The proportionality framework requires that an adjudicator consider all the circumstances of the case, and only order eviction if they are satisfied that all three of the above conditions have been met. The adjudicator must consider the interests of both the tenant and the landlord, but must come to their own objective conclusion as to whether eviction is really necessary.
The proportionality framework was originally developed by the European Court of Human Rights.2 Council of Europe member states are required to incorporate the framework into their eviction laws. A household facing eviction in Europe can appeal to the Court of Human Rights if the proportionality of the eviction is not properly considered.
The proportionality framework has also been adopted by the United Nations Committee on Economic, Social and Cultural Rights, which uses it to determine whether evictions around the world are compliant with the right to housing under the International Covenant on Economic, Social and Cultural Rights (ICESCR).3 Almost every country in the world, including Canada, has ratified the ICESCR. Hence, countries which carry out evictions without a proportionality assessment are in contravention of their obligations under the ICESCR. Unfortunately, there is no legal mechanism to force Canada and other non-compliant countries to meet their obligations.
Eviction laws are different in every province and territory. In Ontario, Saskatchewan,4 Quebec,5 and Northwest Territories, legislation explicitly allows adjudicators the discretion to consider alternatives to eviction. Court and tribunal decisions have confirmed that adjudicators also have that discretion in Alberta,6 New Brunswick,7 and Manitoba,8 and in some cases in Yukon.9 The law gives adjudicators little to no discretion in British Columbia. The law is unclear in Nova Scotia, Newfoundland,10 Nunavut,11 and Prince Edward Island.12
This means that in some parts of Canada, but not others, adjudicators have the authority to avoid unnecessary evictions by considering reasonable alternatives. This is an important policy which makes a real difference in the lives of countless renter households.
However, no Canadian law requires that adjudicators follow a proportionality framework in eviction decisions. Hence, while adjudicators are often allowed to choose alternatives to eviction, they are not required to refuse eviction in cases where reasonable alternatives are available. In every part of Canada, renter households continue to be evicted unnecessarily.
Proportionality in eviction is an important legal framework to ensure that eviction is always treated as a last resort. Provinces and territories can implement the framework by:
The proportionality framework is an important tool for preventing unnecessary evictions. However, it cannot solve the housing crisis or fully protect households from eviction by itself. That is because it does not address the underlying causes of problems that lead to eviction.
For example, if a household falls behind on their rent, the proportionality framework can protect them from eviction by giving them the opportunity to pay back the rent on a repayment plan. However, this will not be enough if the rent is no longer affordable because of inadequate rent regulation that leads to unaffordable rent increases.
Governments must ensure that renters not only have access to affordable homes but are also able to maintain their tenancy. It is important that our governments implement eviction prevention policies like the proportionality framework to stabilize housing and reduce housing precarity. However, proportionality is not a silver bullet and the road to housing security for renters across Canada will also require governments to implement policies that address the root causes of our housing affordability crisis.
References
1 Manitoba Residential Tenancies Branch (RTB), ORDER NO: 2002W3538 & 2002W3539 (2002) (Unpublished decision available from the RTB through a subscription service).
2 The framework applies to all human rights in Europe. Its application to the human right to the home was confirmed in McCann v. the United Kingdom, no. 19009/04, ECHR 2008 at para. 50.
3 Lopez Alban et al. v. Spain, E/C.12/66/D/37/2018 (2019); Rosario Gomez-Limon Pardo v. Spain, E/C.12/67/D/52/2018 (2020); El Goumari and Tidli v. Spain, E/C.12/69/D/85/2018 (2021); El Ayoubi and El Azouan Azouz v. Spain, E/C.12/69/D/54/2018 (2021); Soraya Moreno Romero v. Spain, E/C.12/69/D/48/2018 (2021); Lorne Joseph Walters v. Belgium, E/C.12/70/D/61/2018 (2021).
4 Residential Tenancies Act, 2006, SS 2006, c R-22.0001, s.70(6); Williams v Elite Property Management Ltd., 2021 SKQB 46 (CanLII).
5 Civil Code of Québec, CQLR c CCQ-1991, s.1973; Sylvania Construction c. Boretsky, 2011 QCCQ 7008 (CanLII).
6 615247 Alberta Ltd. v. Wimperis, 2007 ABQB 55; Gosine v. Hepas, 2008 ABQB 321.
7 Nethervue Park v. MacKinnon et al., 2013 NBQB 15; Haldor Ltd v Ross, 2022 NBQB 14.
8 Unpublished decisions of the Manitoba Residential Tenancies Branch (RTB), available from the RTB by subscription service.
9 G.H. v H.A., 2021 YTRTO 5 (CanLII); A.J. & R.J. v F.N., 2021 YTRTO 4 (CanLII); J.B. & M.H. v E.H., 2020 YTRTO 9 (CanLII).
10 The Newfoundland Residential Tenancies Office does not appear to have ever considered that it could have the discretion to make an order other than eviction.
11 The Nunavut Residential Tenancies Office does not publish its decisions, and the Nunavut courts have not considered the question of discretion in eviction decisions.
12 A new Residential Tenancy Act was proclaimed in PEI in April, 2023. It has not yet been interpreted by the courts and tribunals.
This resource provides an overview of a human rights-based approach to housing. It is designed to help tenant leaders identify the root causes of housing challenges, the groups whose rights are most impacted by those challenges, and the institutions that have an obligation resolve them. It provides guiding tools to develop rights-based housing solutions and to hold institutions accountable for implementing the right to housing.
Inside the toolbox you’ll find:
Across Canada, the number of people who rent their homes is growing rapidly, and the challenges they face in their homes are growing too. Many renters face excessive rent increases that leave them vulnerable to “economic eviction.” Many have so few housing options available to them that they must live in inadequate homes that are inaccessible or poorly maintained where they present dangers to their health and safety. Many even face discriminatory and illegal behaviour from some landlords, with no effective recourse available to them to protect themselves and their rights.
These are common issues that renters across Canada are facing every day. Right now, laws that apply to renters in Canada are unequal across the country, and not all renters enjoy the same basic legal protections that would allow them to live securely in their homes. This is not acceptable and it has to change.
Housing is a human right, and it’s time for our governments to acknowledge that renters, like everyone else, need homes that are adequate and secure.
All renters – no matter where they live – need basic legal protections so they can live in secure and adequate homes.
Following a comprehensive national search, the Board has selected Annie to continue her trajectory with the organization in this leadership capacity, a role she has held in an acting position since July 2022.
Annie is a seasoned non-profit leader with expertise in housing law and policy, fund development, operations and strategic management, knowledge mobilization, capacity-building, public engagement, and advocacy. Over nearly a decade, she has served the organization in several roles including in executive leadership, operations, tenant services and public legal education. Most recently, Annie worked alongside the previous Executive Director to expand the organization’s work across Canada, to respond to the growing housing challenges facing people and communities. As a result, the organization is working to advance systemic change on a larger scale than ever before, with expanded services, a renewed focus on community-relevant and evidence-based policy advocacy, a new research department, and a thriving law reform practice.
Outside of her role at CCHR, Annie serves as the co-chair of the City of Toronto’s Housing and Homelessness Services Network, as a member of Toronto City Council’s Tenant Advisory Committee, and as a board member at All Saints Church and Community Centre.
Annie has worked with communities, advocates and governments to advance the right to housing in Canada for a decade. In her time at CCHR she has held various roles including Deputy Executive Director, Manager of Operations and Strategic Initiatives, and Manager of CCHR’s Tenant Services Program. Annie is a skilled writer and public speaker with expertise in housing law and policy, fund development, operations, strategic management, knowledge mobilization and capacity building. Before joining CCHR in 2013, she worked in fund development and as a Researcher and Office Manager for the Institute on Governance, supporting the work of Vice President of the Toronto office. Annie has a Bachelor’s degree in History and English from the University of Toronto and a Master’s degree in History from York University. She also holds certificates in Strategy and Competitive Advantage from the Rotman School of Management, and Non-Profit Leadership from the University of Toronto. She is involved in several committees and boards, including as the co-chair of the City of Toronto’s Housing and Homelessness Services Network, as a member of Toronto City Council’s Tenant Advisory Committee, and as a board member at All Saints Church and Community Centre.
Across Canada, renters are increasingly struggling to find affordable housing and to remain in their homes. Eviction rates in Canada are shockingly high, with 7% of Canadian households reporting that they have been evicted at some point in their lives. Many people who are evicted from their homes may not find another place to live, and every year more than 235,000 people in Canada experience homelessness. This does not capture the experiences of hidden homelessness like individuals couch surfing or living in overcrowded conditions with their family and friends.
The human right to housing is an important framework for opposing unnecessary evictions and preventing the growing experiences of homelessness. Under Canada’s National Housing Strategy Act (NHSA) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), Canada is obligated to respect, protect, and fulfill the right to housing. The obligation to respect the right to housing prohibits Canadian government bodies, such as residential tenancies tribunals in different provinces, from evicting households from their homes, except when an eviction is necessary as a last resort.
Specifically, eviction is only permitted under international human rights law if all the following are true:
This is because international law recognizes that, like other human rights, adequate housing is fundamental to human dignity. It can only be restricted in circumstances where the restriction is justified in a free and democratic society.
Unfortunately, all too often Canadian tribunals order evictions in violation of these basic principles. For example:
To further complicate the matter, Canada’s eviction laws vary wildly between provinces. Some provincial laws allow tribunal adjudicators to consider the circumstances and decide whether eviction would be fair, so that it would at least be possible for the tribunal to respect the right to housing. Other provincial laws give adjudicators no choice but to order evictions, making it impossible for them to respect the right to housing. These varying laws have created uneven protections for renters across the country, leaving many vulnerable to losing their homes without the chance to present their circumstances and the devastating impact that an eviction may have on their lives.
To ensure that renters in Canada have a fair chance to live in their homes and contribute meaningfully to their communities and the economy, we need a shift in our approach to eviction. To meet Canada’s obligation to respect the right to housing, we recommend that each province and territory must:
Evictions can be devastating for those who experience them. In too many instances, evictions can lead to experiences of homelessness. It is our duty as a democratic society to protect everyone, irrespective of their income or circumstances, to live with dignity and in secure homes.
Across Canada, renters are increasingly at risk of housing insecurity. Many are facing “economic eviction” due to excessive rent increases, others are forced to live in over-crowded, poorly-maintained, or inaccessible homes because it is the only housing they can afford, and some also face discrimination and other illegal behaviour from landlords.
This winter, through our Secure Homes for Renters campaign, CCHR is calling on the federal government to ensure that there are basic legal standards to protect renters across Canada, and hundreds of Canadians have joined us in this call.
We know there is a great need for this work, because renters across the country tell us so every day. Every year, we hear from hundreds of renters about the struggles they are facing in their housing, and these challenges only continue to grow. Our team is working to respond to these challenges by advancing change at a systemic level, and also by helping renters assert their rights and avoid eviction on the ground.
“A group of four tenants reached out to us back in August. Their landlord was insisting they had to be out because of the sale of the property. He was trying to shame them and squeeze them into leaving,” recounts Tim Heneghan, one of CCHR’s staff lawyers. “Any time the landlord is trying to apply pressure, our job is to minimize that pressure.”
This past year, nearly 1,700 renters contacted CCHR’s services program for assistance, which is almost 20% higher than last year, and last month, demand for our services reached an all-time high. Our team provides legal information, guided referrals, connections to pro bono legal help, and legal advice and representation to people during what is often a frightening time in their lives.
CCHR lawyer Ademofe Oye-Adeniran recounts working with a renter who was facing eviction for reasons beyond his control. If this renter were evicted, not only would he lose his home, the city would likely also lose another affordable unit. “Their rent was $700 for a bachelor unit, which was quite affordable for Toronto, and I was able to take that on,” says Oye-Adeniran. She represented the renter in front of the Landlord and Tenant Board, and ultimately helped to prevent him from being evicted.
In addition to our services, CCHR works to empower communities by delivering training and building leadership and advocacy skills among renters in communities across Ontario, and in cities like Halifax, Winnipeg and Calgary. This year, our training programs reached over 1,100 renters, service providers and housing providers.
“Last week, tenants who were having an argument with their landlord asked us to come into their building to present a training on housing rights basics,” says Jessica Long, CCHR Senior Program Lawyer. “We provide about two trainings per week, including public presentations at libraries, to students at universities, and to shelter residents.”
Meaningful engagement is key to realizing the right to housing and advancing secure homes for renters, and it is foundational to our approach. “Any time you are going through something like evictions or issues in your housing situation, and you feel like David and your landlord feels like Goliath, you just have to talk to people,” says Heneghan, reflecting on his experience supporting renters. “The ones who succeed are the ones who look to community, and we’ve got a big part to play there, but just one part of a larger whole.”
As we continue working toward ensuring that all renters have secure homes, please consider supporting our work by making a donation this holiday season. Your support helps us continue to provide direct and practical help to renters facing eviction and housing insecurity right now, as we continue to push for better legal protections for renters across Canada over the longer term.
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