In Ontario, the Human Rights Code and a regulation under it, O. Reg. 290/98, set what a landlord may ask a prospective tenant. The Residential Tenancies Act, 2006 (RTA) sets the money rules, and the Consumer Reporting Act governs credit checks.
What can you ask on the first call or message?
Stick to the unit and the logistics: which unit, the move-in date, a viewing time and contact details. Screening questions belong on the application, where O. Reg. 290/98 lists what they may cover; the Ontario Human Rights Commission (OHRC) says the regulation “permits no other inquiries” (OHRC policy).
The OHRC warns that a first call can expose Code grounds. A caller’s name and accent can reveal their identity, and telling someone a unit is “already rented” after hearing them speak is what it calls linguistic profiling (OHRC policy, section 4.1.2.2).
Household questions can wait. The OHRC notes that the Human Rights Tribunal of Ontario found asking applicants’ ages to be prima facie discrimination based on family status, and says a landlord with a bona fide need to know the number of children can ask after the application is approved.
Agents are covered: section 2(2) of the Human Rights Code bars harassment by a landlord’s agent, and section 9 bars infringing a right directly or indirectly.
What should you never ask?
Anything that lets you select on a Code ground. Section 2(1) of the Human Rights Code guarantees equal treatment in housing without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, disability or the receipt of public assistance.
The OHRC policy flags three common questions:
- Source of income. Landlords may verify only that a person has a source of income, not judge its type, such as Ontario Works.
- Employment history. Nothing in O. Reg. 290/98 permits asking prospective tenants about it.
- SIN. Landlords should use other means for credit checks, since a SIN can reveal information such as refugee status.
Your ad counts too. Section 13 of the Code bars notices that indicate an intention to discriminate, and the OHRC fair ad fact sheet calls “Adult building”, “Must provide proof of employment” and “No ODSP” openly discriminatory; describe the unit, not the tenant.
A lease clause prohibiting animals is void under section 14 of the RTA, and the OHRC says people who use service animals cannot be denied housing because of a “no pets” rule. The Code’s equal treatment right in housing does not apply where the occupant shares a bathroom or kitchen with the owner or the owner’s family (section 21(1)).
What can the application ask for?
O. Reg. 290/98 allows credit references, rental history, authorization for a credit check and income information, and lets a landlord require a guarantee for the rent. Income comes with conditions:
- You may request income information only if you also request credit references, rental history or credit check authorization (section 1(3)).
- You may use income only together with the other information obtained; if income is all you get back, you may use it alone (sections 1(4) and 1(5)).
- Rent-geared-to-income units are exempt (section 3), and nothing in the regulation authorizes refusing someone on a Code ground (section 4).
The OHRC landlord brochure adds limits. Unless you provide subsidized housing, it is illegal to apply a rent-to-income ratio such as a 30% cut-off. A lack of rental or credit history should not be viewed negatively, and a guarantor may be required only if you require one of all tenants.
Federal privacy law applies to Ontario landlords, since only British Columbia, Alberta and Quebec have their own private sector laws (OPC). The OPC says a landlord who sees a driver’s licence or pay stubs to confirm identity or income likely does not need a copy, and cannot deny someone for refusing their SIN unless it is required by law or no alternative identifier would do.
The OHRC says nothing in the Code or the regulation permits or prohibits criminal record checks, and that requiring one may have an adverse impact on people protected by the Code.
Can you run a credit check, and how?
Yes, with consent and the notices the Consumer Reporting Act requires. The Act lets an agency supply a report to someone who intends to use it in entering into or renewing a tenancy agreement (section 8(1)(d)(ii)).
- Consent and data. The OPC says a landlord needs consent to share an applicant’s information with a credit reporting agency, and at minimum their name, address and date of birth.
- Notice before the report. Give the applicant written notice before requesting or obtaining a consumer report containing personal information, and the agency’s name and address on request (section 10(2)). The notice must be in bold type or underlined, in letters at least 10 point (section 10(6)).
- Notice after a refusal. If you deny the unit wholly or partly because of a report, give notice when you communicate the decision. The applicant may ask within 60 days for the agency’s name and address, and the notice must say so (section 10(7)).
- Informal checks. The OPC says calling a former landlord or reading an applicant’s social media is a collection of personal information that needs consent, and advises against social media background checks.
Are application fees and deposits allowed?
The only deposit allowed is a rent deposit, and no application fee is among the permitted charges. Section 134(1) of the RTA bars a landlord, unless otherwise prescribed, from collecting or requiring from a prospective tenant “a fee, premium, commission, bonus, penalty, key deposit or other like amount”, refundable or not. Section 134(2) applies the same ban to a superintendent, property manager or anyone acting for the landlord.
The prescribed exemptions in section 17 of O. Reg. 516/06 cover things like extra keys at direct cost, a refundable key or fob deposit up to the expected replacement cost, and NSF charges. Application and screening fees are not on the list.
Under sections 105 to 108 of the RTA, a rent deposit can be required only on or before entering into the tenancy agreement and cannot exceed the lesser of one rent period and one month’s rent. It earns interest yearly at the rent increase guideline, is applied to the last rent period, and must be repaid if the prospective tenant does not get vacant possession; postdated cheques and automatic payments cannot be required.
The OHRC adds that a deposit cannot be required simply because an applicant belongs to a Code-protected group, such as people receiving social assistance.
Is there a standard lease?
Yes. Most private residential landlords must use Ontario’s standard lease for new leases, with exceptions such as care homes, most social and supportive housing, and co-operative housing (Renting in Ontario). The Landlord and Tenant Board guide says this applies to most tenancy agreements first entered into on or after April 30, 2018.
At a glance
| Question | Ontario rule | Source |
|---|---|---|
| First call | Unit, move-in date, viewing, contact; screening waits for the application | O. Reg. 290/98; OHRC |
| Code grounds, including public assistance | Never a selection factor | Human Rights Code s. 2(1) |
| Ages, number of children | Only after approval, and only if bona fide | OHRC policy |
| Income | Only with credit references, rental history or a credit check; no rent-to-income cutoff | O. Reg. 290/98 s. 1; OHRC |
| SIN | Cannot be required | OPC; OHRC |
| Credit check | Consent; written notice before the report; notice of a refusal based on it | Consumer Reporting Act s. 10 |
| Application fee | Not among permitted charges | RTA s. 134; O. Reg. 516/06 s. 17 |
| Deposit | Rent deposit only, at most one month | RTA ss. 105, 106 |
| Lease | Standard lease for most private rentals | ontario.ca; LTB |