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Home / What a strong Renters’ Bill of Rights could mean for renters across Canada

What a strong Renters’ Bill of Rights could mean for renters across Canada

September 19, 2024

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: 

  1. 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.
  2. 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. 
  3. 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:

  • Affordability 

    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). 
  • Security of tenure 

    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. 
    • Right of renters to have guests and roommates. 
  • Habitability and availability of services 

    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.). 
  • Accessibility and cultural adequacy

    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. 

     

  • Equity and equality 

    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. 
  • Access to justice 

    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.

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