On April 30, 2021, the BC Court of Appeal upheld a New Westminster bylaw that provided stronger protections for tenants against “renovictions”. "Renoviction" is a term used to describe an eviction that is carried out to renovate or repair a residential rental unit.
The protections under the New Westminster bylaw were stronger than those found in the Residential Tenancy Act. The appellant landlord in the case argued that the Residential Tenancy Act was an exhaustive scheme in relation to renovictions, and the municipality had no jurisdiction to provide stronger protections. Those arguments were rejected by Chief Justice Hinkson, whose decision has now been upheld bythe Court of Appeal.
In upholding the bylaw, the Court of Appeal specifically identified the importance of the principle of subsidiarity – the “proposition that law-making and implementation are often best achieved at a level of government that is not only effective, but also closest to the citizens affected and thus most responsive to their needs, to local distinctiveness, and to population diversity”.
Arvay Finlay LLP represented the Tenant Resource & Advocacy Centre (TRAC) in intervening in the Court of Appeal. TRAC made submissions that the principle of subsidiarity, among others reasons, support an interpretation of the Residential Tenancy Act that permits local governments to enact laws and policies to buttress its protections for tenants.
The decision of the Court of Appeal can be accessed here: 1193652 B.C. Ltd. v. New Westminster (City), 2021 BCCA 176