3rd Session, 42nd Parliament

(2022) FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MR. JORDAN STURDY

BILL M 204 – 2022

CROWN LAND RESIDENTIAL LEASE ACT, 2022

This Bill establishes a maximum allowable annual rent increase in respect of residential

leases and licences of occupation on Crown land by reference to the maximum allowable

annual rent increase in respect of leases governed by the Residential Tenancy Act as set out in

section 43 (1) (

a) of that Act.

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

Definitions

1 In this Act:

"Crown land" means either of the following:

(

a) Crown land as defined in the Land Act ;

(

b) Crown land as defined in the Ministry of Lands, Parks and Housing Act ;

"rent" means the consideration to be paid by a tenant to a landlord under a residential

lease agreement or licence of occupation, but does not include either of the following:

(

a) a security deposit; or

(

b) other prescribed fee;

"rental unit" means a living accommodation rented or intended to be rented to a tenant;

"residential property" means

(

a) a building, a part of a building or a related group of buildings, in which one

or more rental units or common areas are located,

(

b) the parcel or parcels on which the building, related group of buildings or common

areas are located,

(

c) the rental unit and common areas, and

(

d) any other structure located on the parcel or parcels;

"security deposit" means any money, property or right paid or given by a tenant to a landlord that is

(

a) to be held by or for the landlord as security for the performance of an obligation

or the payment of a liability by the tenant, or

(

b) to be returned to the tenant on the happening of an event specified in a lease

or licence.

Application

(1) Despite any other enactment, this Act applies to a residential lease agreement

or licence of occupation in respect of Crown land, rental units and other residential

property on Crown land.

(2) Except as otherwise provided in this Act, this Act applies to a lease or licence

agreement entered into before and after this Act comes into force.

Rent increase

3 A landlord must not increase rent except in accordance with this Act.

Timing and notice of rent increase

(1) A landlord must not impose a rent increase for at least 12 months after whichever

of the following applies:

(

a) if the tenant's rent has not previously been increased, the date on which the

tenant's rent was first payable in respect of the residential lease or licence of

occupation, rental unit or other residential property;

(

b) if the tenant's rent has previously been increased, the effective date of the

last rent increase made in accordance with this Act.

(2) A landlord must give a tenant written notice of a rent increase at least 3 months

before the effective date of the increase.

Amount of rent increase

5 A landlord may impose a rent increase only up to the amount

(

a) that is equal to the permitted annual rent increase in respect of a tenancy governed

by the Residential Tenancy Act and calculated in accordance with

section 43 (1) (

a) of that Act for the relevant

period, or

(

b) agreed to by the tenant in writing.

Regulations

(1) The Lieutenant Governor in Council may make regulations referred to in

section 41

of the

Interpretation Act .

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make

regulations for any other purpose for which regulations are contemplated by this Act.

Transitional

7 This Act applies to all rent increases imposed on or after the date this Act comes

into force.

Commencement

8 This Act comes into force on the date of Royal Assent.

Explanatory Note

This Bill establishes a maximum allowable annual rent increase in respect of residential

leases and licences of occupation on Crown land by reference to the maximum allowable

annual rent increase in respect of leases governed by the Residential Tenancy Act as set out in

section 43 (1) (

a) of that Act.

Copyright © Queen's Printer, Victoria, British Columbia, Canada