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Bill 7 Receives Royal Assent
Blog by MacPherson Real Estate Ltd | April 10th, 2021
Bill 7 Receives Royal Assent
Just a few days ago Bill 7 – Tenancy Statutes Amendment Act received Royal Assent; the final step in its legislative process. This bill included updates to several sections of the Residential Tenancy Act (RTA) and while a few aspects still need some policy work and regulations to come into effect, several changes are effective now.
Changes that are in effect now include the cancellation and prohibition on rent increases for 2021 and expanded scope of what the Compliance and Enforcement Unit (CEU) can issue Administrative Penalties for.
Standard Rent Increases
This first change is not driven by the Rental Housing Task Force’s report but rather by the uncertain and unprecedented times renters find themselves in due to the COVID-19 pandemic. In March of 2020, the government announced a freeze on rent increases for existing tenancies. This rent increase freeze was extended to July 2021 under the authority of the COVID-19 Related Measures Act, with Premier Horgan subsequently communicating his Government’s intention to extend the rent increase freeze to the end of 2021. This intention was confirmed with Bill 7. Bill 7 cancels all increases and sets the next effective date for rent increases as January 1, 2022. Landlords will need to serve a new notice in September once the 2022 maximum allowable rent increase rate is announced.
Administrative Penalties
When the CEU was created it was given the mandate to investigate cases where landlords and/or tenants were significantly, and often repeatedly, contravening the RTA. It has the authority to inform and educate landlords and tenants to help bring them into compliance and in cases where they are met with resistance issue monetary penalties.
The CEU’s authority to issue penalties has been expanded to include situations where a landlord or tenant has fiving false or misleading information in a Dispute Resolution proceeding or investigation.
Email as a Method of Service
While not part of Bill 7, this was a recent change that all landlords should be aware of. Effective March 1, 2021 through an Order in Council, the governments process for updating regulations, email may, under specific circumstances, be used as a method of service by landlords and tenants when serving documents. For email to be considered valid as a method of service the email address must be provided specifically for the purpose of serving documents.
How to Collect Email Addresses as a Method of Service:
Landlords and tenants should document that both parties have provided an email address and that it can be used as a method of service. It is important to note that even if a landlord has received a tenant’s email in the past there still needs to be documentation that it may be used as a method of service. Residential Tenancy Branch has created a form to document this agreement. We will also be updating our residential Tenancy Agreement to allow landlords and tenants to provide their email address as a method of service at the beginning of a tenancy. Both landlords and tenants can withhold consent to using email as a method service.
When an Email is Considered Received:
If a document is served to an email address provided for service, it is considered received 3 days after it is sent unless there is proof it was received earlier. There needs to be evidence to consider an email received earlier than 3 days after the email is sent. This may include a reply from the recipient or a read receipt. Our advice is to always assume it will be received on the 3rd day after it was sent.
Documents That May be Served by Email:
If an email address is provided as a method of service, it may be used to serve any document required under the Residential Tenancy Act. This includes documents that have spear rules for service such as a Notice of Dispute Resolution.
Proving a Document was Served Via Email:
There are many ways to prove that a document was served via email including:
- the sent item, including the email address the item was sent to;
- a confirmation of delivery receipt;
- a response to the email by the party served;
- a read receipt confirming the email was opened.
It is also important to retain any documentation showing that the email address used to serve a document was provided with the intent of it being used as a method of service.
Changing or Revoking an Email Address:
It is the responsibility of the owner of an email address to inform the other party of a change to the address. Additionally, both landlords and tenants may, with notice, inform the other that they are no longer willing to receive email as a method of service.
Source: Landlord BC
https://mailchi.mp/landlordbc/landlordbc-e-newsletter-april-2021?e=f5d210bb18 |
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