Today in the legislature my Private Member’s  Bill M206, Residential Tenancy Amendment Act, 2019 was called for debate at second reading.

This bill amends the Residential Tenancy Act to provide tenants with the ability to end their fixed-term lease if staying in the rental unit is a threat to their safety or security. It broadens the somewhat constraining family violence provisions introduced by the B.C. Liberal government in 2015 and gives, for example, a tenant exposed to sexualized violence by a roommate or a neighbour the right to break their lease so they can move to a safer home.

Below I reproduce the video and text of the introduction of the bill along with the accompanying press release. I also reproduce the media release our office issued upon passing of second reading.

Video of Speech

Text of Speech

A. Weaver: I move that Bill M206, the Residential Tenancy Amendment Act, 2019, be now read a second time. I’m very proud to stand today in the second reading of the private member’s bill that I introduced on March 7.

I would like to take this time to thank government for calling this bill for second reading and for their feedback on it over the last two months. I’d also like to recognize and thank the B.C. Liberals for making the first round of family violence changes that were brought forward in the residential tenancy act amendments, in 2015. Their work set the foundation for this bill.

This bill before us today was developed in close consultation and collaboration with West Coast LEAF and the Ending Violence Association of British Columbia. I’m very grateful to both of them for their advocacy and their leadership on this file. My office also spoke extensively with LandlordBC, and they were very supportive of the changes, just as they were in 2015, when the family violence provisions were first brought in. I commend them for standing against violence.

Lastly, thank you to the legislative drafters and editors who worked through half a dozen versions of this bill to make sure every word was just right and legally sound.

As canvassed in its first reading, this bill amends the Residential Tenancy Act to provide tenants with the ability to end their fixed-term lease if staying in their rental unit is a threat to their safety or security. It expands on the constrained family violence provisions introduced in 2015, and gives, for example, someone who is sexually assaulted by their roommate or neighbour the right to break their lease so that they can move to a safer home.

The term “occupant violence” was first introduced and defined in the bill presented at first reading to capture all violence associated with the property, using an adapted version of the existing family violence definition. After receiving extensive feedback from the Ministry of Municipal Affairs and Housing, the distinction between who is an occupant, who is a tenant and the overlap between the two may be somewhat unclear to some people. So I’ve tabled — and you’ll notice on the order papers — a number of amendments to try to clarify this. We’ll move them at committee stage.

In particular, you’ll notice on the order papers the amendment to section 1. We’ve changed “occupant violence” to “household violence,” and that was based on extensive feedback from legislative drafters as well.

The amendments adjust some of the language for clarity and certainty, but the original policy intent remains. For example, I propose that we replace the term “occupant violence” with “household violence, as I mentioned, to prevent any confusion that arises from using the term “occupant” and “tenant” in overlapping sections. That was advised to us by government’s suggestions, but the policy outcome, as I mentioned, is the same. This amendment act gives tenants the right to break their fixed-term leases if staying in the rental unit is a threat to their safety or security.

Another amendment that you’ll see on the order papers may be made to the commencement section to give the minister ample time for consultation with the third-party verifiers before it comes into force — a change I was happy to make as they are key to the success of this section of the Residential Tenancy Act. As it currently stands, for the family violence section, written third-party verification of violence can be provided by police, listed medical practitioners, counsellors, First Nations support workers, victim support workers and others. So the definition with respect to who can provide information in the family violence section is carried forward into this tenants or occupants or household section of the bill.

The previous Liberal government did an admirable job with the development of the regulation that they put in place with the 2015 legislation. Having regulations that extend the verification powers beyond law enforcement is vital, as not all survivors will be going to the police as their first step. Some will choose to focus on working with medical practitioners, First Nations support, counsellors, etc.

In the case of domestic violence, for example, the risk of injury or death can actually increase if a violent partner learns their spouse had contacted police or is planning to or is leaving. Having a range of professionals able to vouch for victims will allow them to choose the safest option that they believe is in their best interests.

This bill also makes it clear that the regulations listing which professionals and practitioners are authorized to provide the confirmation statement about family violence will have the same powers in cases involving household violence. Although simple in its structure, the bill will have a significant impact on the people who need it.

The Ending Violence Association of British Columbia estimates that there are approximately 60,000 incidents of sexual and domestic violence in British Columbia each year — over a thousand cases a week. In the majority of cases, that violence happens in the home. Once that happens, the home may no longer be a safe place for the victim or their children, and the implications of that shift from home to the scene of a crime are profound.

I’m proud to be advancing this bill that will give survivors the freedom to seek safety, security and the space needed to heal. No one should be forced to live in close proximity to their perpetrator. This bill supports survivors.

Media Release

Broad Support For Private Member’s Bill to Expand Protections, Support Survivors of Violence
For immediate release
May 14, 2019

VICTORIA, B.C. – Renters who are the victim of violence at their home are one step closer to having the freedom to break their lease and seek safety today after the B.C. Greens’ amendment to the Residential Tenancy Act saw broad tripartisan support from NDP and Liberals at its second reading before the House.

“I was very proud to stand today in the second reading of the Private Member’s Bill I introduced on March 7th. I thank government for calling this bill for debate and for their feedback on it over the last two months. We’ve gone through a half dozen drafts of this bill with legislative drafters making sure every word was just right and the policy intent clear and strong,” said Andrew Weaver, MLA for Oak Bay – Gordon Head.

It is unprecedented in B.C. to have opposition party Private Member’s Bills move through debate in the legislature. Later today, B.C. Green caucus’ Business Corporations Amendment Act is expected to be the first ever of its kind to pass third reading. The B.C. Green caucus hope to see the Residential Tenancy Amendment Act pass this session but are committed to seeing it through fall 2019, if necessary.

“Although simple in its structure, this bill will have a significant impact on the people who need it,” said Weaver.

“For people who are assaulted in their home, the implications of that shift – from a home to the scene of a crime – are profound,” said Sonia Furstenau, MLA for Cowichan Valley. “A space that was once a comfort can come to feel unsafe. Worst case scenario, the space is fraught with risk of a repeat assault or death…Best case, it is filled with nightmares and panic attacks.

“Some victims are able to reclaim their space, but many others will need to move to start again. At the very least, they deserve the right to choose which option is best for them,” Furstenau said. “I am proud that our office has been able to advance a bill that will give survivors the freedom to seek safety, security, and the space needed to heal.”

This bill expands on the existing family violence provisions introduced by the BC Liberal government in 2015 and was drafted and amended in consultation and cooperation with the legislative drafters and the B.C. NDP.

“B.C. Green Caucus believes updating current legislation or drafting new bills to advance protections for women and other vulnerable groups is simply good governance,” said MLA Weaver, “whether it’s workplace protections like the 2017 bill preventing employers from requiring select employees to wear high-heeled shoes, or the 2016 Post-Secondary Sexual Violence Policies Act.”

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Media contact
Macon McGinley, Press Secretary
+1 250-882-6187 |macon.mcginley@leg.bc.ca