97
Lesson 2:
Outcomes
- Describe housing Regulations and Acts required for implementing housing policy within the framework of the law
- Discuss the steps required to adhere to legal regulations for housing policy
Housing Regulations and Actsin Saskatchewan
In housing management, understanding the intricacies of the legal framework is crucial for effective governance. Housing managers must be adept at navigating the nuanced landscape of housing Regulations and Acts. These legal directives play a pivotal role in guiding the formulation and execution of housing policies, ensuring they resonate with the unique cultural and communal contexts of the community. By delving deep into these Regulations and Acts, managers can equip themselves with the knowledge to ensure housing practices are not only culturally sensitive but also adhere to the highest standards of fairness, transparency, and legal compliance.
Jurisdiction and Management of On-Reserve Housing in Canada
In Canada, on-reserve housing is primarily under the jurisdiction of individual First Nations and the federal government, rather than provincial governments. Therefore, Saskatchewan’s provincial housing regulations and acts typically do not apply to on-reserve rentals and housing.
On-reserve housing policies are generally developed by individual First Nations in collaboration with Indigenous Services Canada (ISC), a department of the federal government. ISC provides funding and support for on-reserve housing, but the day-to-day administration and management of housing are generally the responsibility of the individual First Nation.
However, it’s important to note that while provincial laws don’t directly apply on reserves, some First Nations may voluntarily choose to adopt certain provincial standards or regulations, or they might have their own regulations that resemble provincial ones.
Standard Conditions of a Tenancy Agreement in Saskatchewan (Residential Tenancies Act and Residential Tenancies Regulations)
Every tenancy agreement contains standard conditions. To fully understand tenancy and landlord rights and duties, consult The Residential Tenancies Act, 2006 and The Residential Tenancies Regulations, 2007. Always remember, if there’s any disagreement between these standard conditions and the Act or the regulations, the latter prevails. Here are some key pieces of information from The Residential Tenancies Act, 2006 and The Residential Tenancies Regulations, 2007:
- Format and Delivery of the Agreement
- Written vs. Oral Agreements: Tenancy agreements can be either written or oral. If written, they must follow the Act and regulations. Once signed, the landlord must deliver a copy to the tenant within 20 days.
- Fixed-Term Agreements: Any fixed-term tenancy lasting over 3 months needs to be written and must specify the end date. Without a specified date or a written format, the agreement is assumed to be month-to-month.
- Contact Information: Regardless of the format, the landlord should always provide the tenant with an address and both regular and emergency phone numbers.
- Security Deposits
- Amount & Timeline: Security deposits can’t be more than one month’s rent. Upon signing the agreement, the tenant needn’t pay more than half. The rest is due within two months after moving in. Specific rules apply when the Saskatchewan Assistance Act is involved.
- Overpayment: If a tenant is overcharged, they can deduct the extra amount from their rent or seek assistance from the Office of Residential Tenancies (ORT).
- Interest on Security Deposits: Landlords are required to pay tenants interest on security deposits. This interest has varied over the years. From 1993 onwards, the rate is determined by the Chartered Bank Administered Interest Rate for the previous December.Note: If a tenancy ends within the first five years, no interest is due.
- Rent Matters
- Payment: Rent should be paid on time. For any disputes, don’t withhold rent; instead, approach the ORT.
- Receipts & Charges: Rent paid in cash should be acknowledged with a receipt. Landlords can’t cut off or charge for previously free services without the tenant’s agreement or an ORT order.
- Rent Increase: There are specific rules about the notice period and frequency of rent increases depending on the landlord’s association membership. Always make sure proper notice is given before any increase.
- Rent Increases for Mobile Homes: Landlords of mobile homes need to give advance notice before increasing rent: Typically, a 12-month notice is required. If the landlord is part of an official association, a 6-month notice will suffice.
- Subletting and Assignment
- Requirements: For fixed-term tenancies, landlords must provide written consent for subletting. They can charge a maximum of $20 for this process. The original tenant remains responsible for obligations pre-dating the sublet.
- Quiet Enjoyment
- Tenants have the right to:
- Reasonable privacy.
- No unreasonable disturbance.
- Exclusive possession of the unit.
- Fair use of common areas.
- Tenants have the right to:
- Maintenance and Repairs
- Landlord’s Duties: The landlord must maintain the property, ensuring all rented facilities, like appliances, are in good shape.
- Tenant’s Duties: Tenants should uphold cleanliness standards and take care of any damages caused by them or their guests, excluding normal wear and tear. For exclusive properties, the tenant might also be responsible for the exterior, unless otherwise agreed.
- Landlord’s Entry to the Property
- There are strict rules for when and how a landlord can enter a tenant’s unit, including providing notices, time constraints, and ensuring respect for the tenant’s rights.
- After a tenant has signaled an intention to end their tenancy, there are specific conditions under which a landlord can enter the property:
- The tenant must have given explicit permission.
- Proper notice must have been provided by the landlord.
- If there’s a mutual written agreement about the entry conditions (which must be reasonable), the landlord can enter.
- If these conditions aren’t met, a landlord can still enter but must post a “Notice of Entry” on the rental unit’s door and attempt to contact the tenant beforehand.
- Changing Locks
- Changing locks or security codes requires mutual agreement or a special order. Both parties need access to any changed locks or codes.
- Landlord’s Rules
- Landlords can set reasonable rules, but they must be written and made known to the tenant.
- Ending the Tenancy
- There are specific conditions and procedures to end a tenancy, either by the landlord or the tenant. Each party must provide proper notice or have a valid reason
- Landlord’s use of property
- A landlord has the right to end a tenancy based on certain uses of the property by the landlord themselves or close relations.
- Leaving the rental unit at the end of a tenancy
- Outlines the tenant’s responsibilities when vacating a rental unit. They should return keys and leave the unit in a reasonably clean state, accounting for normal wear and tear.
- When landlord may regain possession of rental unit
- Specifies when a landlord is permitted to regain possession of a rental unit.
- Liability for not complying with the Act or a tenancy agreement
- Explains that if either party fails to comply with the regulations, they are liable to compensate the other for any resulting losses.
- Tenant’s personal property 27
- This section details how landlords should handle a tenant’s personal property.
- Prohibits landlords from taking a tenant’s personal belongings unless the tenancy has ended and the tenant left items behind.
- Outlines the circumstances under which a landlord can remove and sell or dispose of the tenant’s property left in the unit.
- Explains the financial responsibilities if a landlord does decide to sell or dispose of a tenant’s property.
- States that landlords are liable if they incorrectly handle a tenant’s or other person’s property.
- This section details how landlords should handle a tenant’s personal property.
General Steps to Creating a Housing Tenancy Regulations Policy
- Community Engagement
Community leaders and band councils often start by engaging community members to understand their housing needs and concerns. This could be through town hall meetings, community gatherings, or direct consultations. - Drafting the Policy:
Based on input and the community’s unique cultural and socioeconomic context, a housing policy is drafted. First Nations might collaborate with entities like Indigenous Services Canada (ISC) for guidance and support. - Review and Ratification:
The draft is reviewed by community members, leaders, and possibly external experts. Some First Nations might also require a community vote or a Band Council Resolution to ratify the policy. - Implementation:
- The band council or designated housing authority takes the lead in implementing the policy. This often involves coordinating with external agencies, such as ISC, for funding and support.
- Housing initiatives, projects, or programs are launched in line with the policy.
- Monitoring and Feedback:
- The community continually assesses the housing policy’s effectiveness, gathering feedback and making necessary adjustments.
- External audits or assessments might be required, especially if federal funding is involved.
Journal Question
Using the forum labelled “Course 7: Chapter 1” make a journal entry responding to the prompt below. Ensure that you title the entry “Lesson 2”. After writing a journal entry, go and make a comment on two other posts from your classmates. It can be about anything you noticed, liked, agreed with etc. The idea is to continue the dialogue about the topic.
|
Criteria |
Exemplary |
Accomplished |
Developing |
Beginning |
|
Purpose |
Strong voice and tone that clearly addresses the purpose for writing. |
Appropriate voice and tone. The purpose is largely clear. |
Attempts to use personal voice and tone. Somewhat addresses the intended purpose. |
Demonstrates limited awareness of use of voice and tone. Limited evidence of intended purpose. |
|
Understanding |
Many interesting, specific facts and ideas are included. |
Many facts and ideas are included. |
Some facts and ideas are included. |
Few facts and ideas are included. |
|
Conventions |
All grammar and spelling is correct. |
Only one or two grammar and spelling errors. |
A few grammar and spelling errors. |
Many grammar and spelling errors. |
|
Reply |
Made two significant contributions to the online forum. Highly supportive of others. |
Made one contribution to the online forum. Supported group members. |
Attempted to contribute to online forum but was vague and unclear in the writing. |
Minimally involved. Offered limited support to online group members. |
Prompt: In the context of the Saskatchewan Residential Tenancies Regulations, how do you think the balance between landlords’ rights and tenants’ rights impacts the overall rental market in your community? Provide examples or experiences to support your perspective.
Works Cited:
The National Right to Housing Network. (2023). NRHN – right to housing legislation in Canada. The National Right to Housing Network. https://housingrights.ca/right-to-housing-legislation-in-canada/
Residential Tenancies Regulations, 2007, R-22.0001 Reg 1