On a first call in British Columbia, ask about the unit, move-in timing, rental history, references and pets, and say why you are asking. Never ask about children, marital status, origin, religion, disability or source of income. Later you may view photo ID and, with consent, run a credit check. You may never charge an application fee. The privacy and human rights rules apply from the first phone call, because every answer a prospect gives is personal information you are collecting under BC’s Personal Information Protection Act.
What can you ask on the first call or message?
Ask about the unit and the tenancy, and say why you are asking. The Personal Information Protection Act (PIPA) requires you to tell a person the purpose, verbally or in writing, on or before collecting their personal information, and section 11 limits collection to what a reasonable person would consider appropriate.
The OIPC’s September 2019 landlord guidance lists information landlords are always authorized to ask for. Questions that fit a first conversation:
- Name and contact information so you can follow up.
- When they want to move in and the expected length of tenancy.
- Where they rent now, how long they have lived there and the reason for leaving.
- Whether they were ever evicted.
- Whether they can give references, preferably a previous landlord. The Residential Tenancy Branch lists these among the information landlords can request.
- Number of occupants.
- Whether they have pets. A tenancy agreement may prohibit or restrict pets under section 18 of the Residential Tenancy Act, and the Residential Tenancy Branch says guide and service dogs are not pets.
Keep two things off the first call. Do not ask for money, because the Act bars any charge for accepting or processing an application (section 15). And do not take a SIN, bank details or a photo of an ID card; the limits on those are below.
If a prospect declines to answer, the OIPC says you must tell them the likely consequence. Its example: a person who refuses to give references should be told you could refuse to rent to them.
What should you never ask?
Never ask about a ground protected by the Human Rights Code. Section 10 bars refusing a tenancy, or setting different terms, because of Indigenous identity, race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, age or lawful source of income. That rules out questions like these:
- “Do you have kids?” or “Are you married?”
- “Where are you from?”
- “Are you on assistance?” or “Where does your income come from?”
BC’s Human Rights Commissioner tells landlords not to make assumptions or decisions that are based on or connected to a part of a person’s identity when reviewing documents or speaking to renters. A decision cannot turn on where the renter gets their money as long as the source is legal. The Commissioner’s example of a prohibited decision: turning down an application from a renter on disability assistance because you do not want to fill out the forms required.
Section 10(2) provides an exemption for age-restricted housing reserved for people 55 and over. Section 10 also does not apply when the tenant will share facilities with the person offering the space.
Responsibility is not limited to the owner. The BC Human Rights Tribunal says a landlord is responsible for the discriminatory conduct of its agents and employees, and that a complaint can also name a person who exercised authority or control over access to the space. When landlords are aware or should reasonably know of a connection between negative effects and a protected characteristic, they have a duty to inquire into whether the person needs accommodation. BC’s Human Rights Commissioner says landlords must accommodate applicants to the point of undue hardship.
What can the application ask for?
The application can ask for what you need to decide, and no more. The Residential Tenancy Branch lists verifiable income and employment, references (preferably a previous landlord) and photo ID to match the name, and notes that landlords cannot copy any identification. The Branch also says landlords cannot unreasonably ask for information such as credit card numbers or banking information.
The OIPC guidance sorts questions into three categories:
- Always authorized: name and proof of identity, contact information, current and previous landlords, eviction history, previous addresses and how long the applicant lived there, reason for leaving, pet information, expected length of tenancy and number of occupants.
- Sometimes authorized: date of birth, age of occupants, SIN, personal references, current or previous rent, employment and salary, consent for a credit check, bank statements and federal tax assessments. Whether you can ask depends on the situation.
- Almost never authorized: emergency contacts, vehicle information and whether the occupant smokes. The OIPC says landlords must not collect information from social media or internet search engines other than those few sources of publicly available information prescribed by PIPA.
Under PIPA section 7, you cannot make consent to collect more than is necessary a condition of renting.
Can you ask for proof of income or bank statements?
Yes, but only when references or employment verification are inadequate. The Residential Tenancy Branch lists verifiable income and employment among the information landlords can request.
The OIPC puts pay stubs, bank statements and income tax assessments in the sometimes category: a landlord may ask for them, but only if the applicant cannot provide satisfactory references or employment and income verification. Full bank account numbers are only needed when setting up rent payments, not during screening.
Remember that lawful source of income is a protected ground under the Human Rights Code. You may verify that the applicant can pay the rent, but BC’s Human Rights Commissioner says you cannot base a decision on where the money comes from as long as the source is legal.
Can you ask for a SIN or copy photo ID?
Avoid asking all applicants for a SIN, or make it optional. A full name and date of birth are often enough for a credit check. Service Canada says you do not need a SIN to rent a property, fill out a rental application or negotiate a lease.
Photo ID may be viewed to match the name, but the Residential Tenancy Branch says landlords cannot make a copy of any identification. The OIPC says a landlord may view or examine the identification and then must return it to the prospective tenant. It is not reasonable to copy it or record unique identifiers such as a driver’s licence number or a passport number.
Can you run a credit check, and how?
Yes, with the applicant’s consent. The Business Practices and Consumer Protection Act says you must not obtain a report for a tenancy without the individual’s consent (section 107). Consent can be obtained by any method that lets you produce evidence of it, including a prominent, clear statement in the tenancy application.
A reporting agency must not include certain items in a report: unverified unfavourable non-credit information, judgments older than six years unless unpaid, bankruptcy information after six years, unproven criminal charges, convictions older than six years, protected personal characteristics, or information about family members other than a spouse (section 109).
What if a credit check leads to a refusal?
You must give written notice within 30 days. Section 110 of the Business Practices and Consumer Protection Act says that when report information causes a denial, the person must give written notice to the individual within 30 days of the decision, in person or by mail.
If the applicant makes a written request within 60 days, you must disclose the identity of the reporting agency.
Can you run a criminal record check or check social media?
Criminal record checks are not necessary in most situations. The OIPC says in most situations, running a criminal record check on a prospective tenant will be neither necessary nor reasonable.
Social media is off limits. The OIPC says landlords must not collect information about prospective tenants from social media platforms or internet search engines other than those few sources of publicly available information prescribed by PIPA.
Court and tribunal records are different. BC’s electronic court registry and published Residential Tenancy Branch decisions are prescribed public sources under PIPA, so no consent is needed, but the reasonable-purpose test still applies.
Can you use an automated screening service?
With the applicant’s consent and significant caution. The OIPC says the service needs the applicant’s consent too, and warns that software pulling personal information from multiple sources could be inaccurate, irrelevant or use excessive amounts of personal information unrelated to a tenancy.
A landlord cannot rely on another company to collect information the landlord would not be authorized to collect directly. If you would not be allowed to ask for it yourself, an automated service cannot ask for it on your behalf.
Are application fees and deposits allowed?
Application fees are not allowed, and deposits are capped at half a month’s rent. Section 15 of the Residential Tenancy Act says a landlord must not charge a person anything for accepting an application, processing it, investigating the applicant’s suitability or accepting the person as a tenant. The Residential Tenancy Branch confirms that landlords cannot charge a fee for accepting, reviewing or processing a rental application.
Section 19 caps the security deposit and the pet damage deposit at half of one month’s rent each. Section 20 allows a security deposit to be required only when the tenancy agreement is entered into, and only one pet damage deposit per tenancy whatever the number of pets. The Branch says the tenant must pay the security deposit within 30 days of signing the tenancy agreement. Guide and service dogs are not pets and landlords cannot charge a pet damage deposit for them.
How long must you keep applicant information?
At least one year if you used it for a decision. PIPA section 35 says if you use personal information to make a decision that directly affects a person, you must keep it for at least one year so they have a reasonable opportunity to request access. Destroy it once no longer needed for legal or business purposes.
Rules at a glance
| Question | Rule in British Columbia | Source |
|---|---|---|
| Application or screening fee | Not allowed | RTA s. 15 |
| Security deposit | Up to half a month’s rent, required only when the agreement is made | RTA ss. 19, 20 |
| Pet damage deposit | Up to half a month’s rent, one per tenancy; guide and service dogs are not pets | RTA ss. 18 to 20; RTB |
| Photo ID | View it, do not copy it | RTB; OIPC |
| SIN | Avoid, or make optional | OIPC; Service Canada |
| Income and bank statements | Only if references or employment verification are inadequate | OIPC |
| Bank account numbers | Not before the tenancy | OIPC |
| Credit check | With consent; written notice within 30 days if it leads to a refusal | BPCPA ss. 107, 110 |
| Criminal record check | Not necessary in most situations | OIPC |
| Social media | Landlords must not collect from it | OIPC |
| Automated screening | Applicant’s consent needed; use significant caution | OIPC |
| Human Rights Code grounds | Do not ask; lawful source of income is protected | Code s. 10 |
| Records used for a decision | Keep at least one year | PIPA s. 35 |