British Columbia Order in Council — Amendment to Residential Tenancy Regulation (O.C. 17/2024)

O.C. 17/2024

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that effec tive February 28, 2024, the Residential Tenancy Regulation, B.C. Reg. 477/2003 is amended as set out in the attached Schedule. Minister of Housing Presiding Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Residential Tenancy Act, S.B.C. 2002, c. 78, s. 97 (2) and (3) Other: OIC 1239/2003 R20732703 January 18, 2024

SCHEDULE

Section 1 (1) of the Reside ntial Tenancy Regulation, B. C. Reg. 477/2003, is repealed and the following substituted:

(1) In this regulation: “Act” means the Residential Tenancy Act; “supportive housing rental unit” has the meaning given to it in

section 2.1 [supportive housing rental units]. 2

Section is amended (

a) by renumbering the

section as

section 2 (1), (

b) in subsection (1) by striking out “ the requirements of”, and (

c) by adding the following subsection:

(2) Supportive housing rental units are exempt from sections 28, 29 and 30 (1) (b) [quiet enjoyment, entry and access] of the Act. 3 The following

section is added: Supportive housing rental units 2.1

(1) In this section: “housing stability support” means a support described in subsection (4); “support worker” means an employee of a supportive housing operator whose duties include providing housing stability support; “supportive housing operator” means a person or body described in subsection (3).

(2) A rental unit is a supportive housing rental unit if all of the following criteria are met: (

a) the rental unit is located in a resi dential property that is operated by a supportive housing operator; (

b) the rental unit is provided to a tena nt who has been assessed, according to criteria set by the supportive housing operator, (

i) as experiencing homelessness or as being at risk of experiencing homelessness, and (ii) as a person who would bene fit from housing stability support; (

c) housing stability support is available to at least one tenant of the rental unit; (

d) the rental unit is not provided on a temporary basis.

(3) A supportive housing rental unit must be operated by one of the following: (

a) the British Columbia H ousing Management Commission; (

b) the Canada Mortgage and Housing Corporation; (

c) a municipality or regional district; (

d) a corporation incorporated by, or in which shares have been acquired by, a municipality or regional district for a purpose that includes providing affordable housing; (

e) a treaty first nation; (

f) a board within the meaning of the Health Authorities Act; (

g) a society within the meaning of the Societies Act; (

h) a corporation within the meaning of the Canada Not-for-profit Corporations Act; (

i) a registered charity within th e meaning of

section 248 (1) of the Income Tax Act (Canada).

(4) A support is a housing stability support if it meets all of the following criteria: (

a) the support must be available on the premises of the residential property on which the supportive housing rental unit is located; (

b) the support must be provided by a support worker; (

c) receipt of the support by tenants must be voluntary; (

d) the support must be funded, in whole or in part, by (

i) a supportive housing operator referre d to in subsection (3) (

a) to (f), or (ii) the government of Bri tish Columbia or Canada; (

e) the support must be of at least one of the following types: (

i) providing opportunities to partic ipate in social or recreational activities intended to promote community inclusion, including activities that take place off the premises of the residential property; (ii) providing opportunities to partic ipate in skills training, including training that takes place off the premises of residential property, intended to facilitate independe nt living, including social and economic participation; (iii) assisting with short- or lo ng-term collaborative planning and providing follow-up with respect to setting goals, assessing needs, identifying resources and supports and reducing barriers to services; (iv) making referrals to, and providi ng regularly-available assistance in accessing, community resources a nd health services for conditions that do not require emergency or acute care. 4

Section is amended by adding the following subsection:

(3) A landlord of a supportive housing rental unit is not required to include the following in a tenancy agreement: (a)

section 9 (1), (2) and (2.1) of the

Schedule [occupants and guests]; (

b) section of the

Schedule [landlord’s entry into rental unit].

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 17/2024
Type	order_in_council
Volume / chapter	arc oic 0017 2024
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	1aa719933b937a77ff72f5973a07307818510ae8

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