Today in the legislature I introduced Bill M206, Residential Tenancy Amendment Act, 2019.

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.

Video of Introduction

Text of Introduction

A. Weaver: I move a bill intituled Residential Tenancy Amendment Act, 2019, of which notice has been given in my name on the order paper, be now read a first time. 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.

A new term “occupant violence” is defined in the bill and makes it explicit that the regulations listing which professionals and practitioners are authorized to provide a confirmation statement about family violence have the same powers in cases involving occupant violence.

The written third-party verification can be provided by police, listed medical practitioners, counsellors, First Nations support workers, victim support workers, among others. Having regulations that extend verification powers beyond law enforcement is vital, as not all survivors will be able or willing to involve the police.

In cases of domestic violence, risk of injury or death can actually increase if a violent partner learns their spouse has contacted police or is planning on leaving. Having a range of professionals able to vouch for victims will allow them to choose the safest option for their situations.

The previous B.C. Liberal government did a superb job with the development of these regulations. “Sexual abuse” is explicitly listed under occupant violence. “Sexual abuse” is used rather than “sexual assault” for violence because it aligns with and is already defined in existing laws, such as the Adult Guardianship Act and because it is a broader term that includes sexual assault and sexualized violence.

By using the word “including” before the list of crimes covered by occupant violence, the law is kept inclusive of a range of situations that could fit the broader intent, rather than explicitly specifying which situations would be covered.

No one should be forced to live in close proximity to their perpetrator. This bill supports survivors.

Mr. Speaker: The question is first reading of the bill.

Motion approved.

A. Weaver: I move that the bill be placed on the orders of the day for second reading at the next sitting of the House after today.

Bill M2016, Residential Tenancy Amendment Act, 2019, introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the House after today.

Media Release

B.C. Green Caucus tables Residential Tenancy Amendment Act to expand protections, supporting survivors
For immediate release
March 7, 2019

VICTORIA, B.C. ‚— The B.C. Green Caucus has introduced an amendment to the Residential Tenancy Act that, if passed, would provide tenants with the ability to end their fix term lease if staying in their rental unit is a threat to their safety or security.

“No one should be forced to live in close proximity to their perpetrator – this bill supports survivors,” said MLA Andrew Weaver, who introduced the bill on the eve of International Women’s Day. “We are building upon the good work of the BC Liberals’ in 2015, when they added the family violence provision with support from the BC NDP. This bill, drafted in consultation with the legislative drafters and stakeholders like West Coast LEAF and Ending Violence Association of BC, expands on existing provisions to insure that all victims have the same rights. It gives, for example, someone who is sexually assaulted by their roommate or neighbour the right to break their lease so they can move somewhere safe.”

West Coast LEAF says the scope of crime against tenants is difficult to gauge given these types of crimes are underreported, but the changes are needed.

“While family violence continues to account for a significant portion of all reported crimes in Canada – approximately 25% – other forms of violence remain prevalent in B.C. and disproportionately impact marginalized communities including sex workers, Indigenous women, and LGBTQIA2S+ individuals,” said Elba Bendo, director of Law Reform, West Coast LEAF. “The proposed amendments are a welcome step towards ensuring that survivors of all forms of violence are able to relocate to keep themselves and their families safe.”

Ending Violence Association of BC executive director Tracy Porteous estimates there are approximately 60,000 incidents of sexual and domestic violence in British Columbia each year.

“That equates to over 1,000 incidents per week,” said Porteous. “Most often, this violence takes place in a home and once that happens, the ‘home’ may not be a safe place any longer. The previous Act allowed for women affected by family violence to be released from the confines of their lease, so they could be free to seek safety, however that provision did not extend to survivors of sexual assault or survivors of other acts of violence. We would like to applaud the B.C. Green Party for introducing this proposed amendment to the Residential Tenancy Act today that will constitute a step forward toward making B.C. a safer place for all citizens. We think a plan that leaves no one behind is the best plan, and we thank Andrew Weaver for his leadership in this regard.”

“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 in the workplace, or in 2016 when I brought for the 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

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