Most screening advice starts at the application form. In British Columbia the privacy and human rights rules already apply to the first phone call, text or email, because every answer a prospect gives is personal information you are collecting.
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.
Questions that fit a first conversation:
- When they want to move in, and a phone number or email so you can follow up.
- Where they rent now and for how long. The OIPC’s landlord guidance says it is reasonable to ask where someone rented, for how long, whether they were ever evicted and whether they left over a dispute.
- Whether they can give references, preferably a previous landlord. The Residential Tenancy Branch lists these among the information landlords can request.
- Whether they have pets. A tenancy agreement may prohibit or restrict pets under section 18 of the Residential Tenancy Act, but that section is subject to the Guide Dog and Service Dog 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.
The OIPC says collecting information protected under the Code is usually not a purpose a reasonable person would consider appropriate, so the question is a problem even before any decision. That rules out “Do you have kids?”, “Are you married?”, “Where are you from?” or “Are you on assistance?”. BC’s Human Rights Commissioner tells landlords not to make assumptions tied to a protected ground “when you review documents or speak to renters”, and says a decision cannot turn on where the renter gets their money as long as the source is legal.
Age is narrower than it looks. The Code defines age as 19 or older, and the OIPC says you may ask for proof of age where it is in doubt whether an applicant is over 19, or in a building reserved for people 55 and over. Section 10 also does not apply when the tenant will share sleeping, bathroom or cooking 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.
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 OIPC guidance adds these limits:
- Photo ID: view it and return it. Do not copy or keep it.
- References: only with consent, and what landlords share should be limited to suitability, such as complaints, damage and rent payment history.
- Income and employment: the OIPC is narrower than the Branch. Proof of income or employment may be reasonable if the applicant cannot provide adequate references.
- SIN: avoid asking all applicants, or make it optional. A full name and date of birth are often enough for a credit check, and Service Canada says a SIN is not needed to fill out a rental application.
- Date of birth: you may require it to confirm identity before a credit check if the applicant does not give a SIN.
- Bank details: you cannot require them before the tenancy is established.
Under PIPA section 7, you cannot make consent to collect more than is necessary a condition of renting. Information you use to make a decision must be kept for at least one year (section 35), then destroyed once no longer needed for legal or business purposes.
Can you run a credit or background check, and how?
Yes, with the applicant’s consent, and ideally only on your shortlist. The Business Practices and Consumer Protection Act says you must not obtain a report for a tenancy without the individual’s consent. Consent can be obtained by any method that lets you produce evidence of it, including a prominent, clear statement in the tenancy application.
If a report leads you to refuse the applicant, in whole or in part, section 110 requires written notice within 30 days of the decision, in person or by mail. The notice must state the applicant’s right to ask, within 60 days, for the name and address of the reporting agency.
On timing, the OIPC says you can ask for consent in your standard application but should run the check only toward the end, on the few people you are considering. It also says:
- Automated screening services: the service needs the applicant’s consent too, and landlords should use significant caution.
- Criminal record checks: you cannot require one unless it is necessary to provide the tenancy, and in most situations it will not be. Its example of a reasonable case is a unit in the same building as a daycare.
- Social media: it is not a publicly available source under PIPA, and even with consent, looking usually collects too much.
- Court and tribunal records: BC’s electronic court registry and published Branch decisions are prescribed public sources, so no consent is needed, but the reasonable-purpose test still applies.
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. That includes screening costs passed to the applicant.
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.
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 |
| Bank details | 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 |
| 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 |