The City of Vancouver is hoping the Supreme Court of Canada will determine the legality of a presently nullified bylaw to control rent increases between tenancies of single room accommodation .
“The questions raised by this case affect the regulatory powers of every municipality in Canada. For Vancouver, the question is the extent to which the Vancouver Charter authorizes the rent control bylaw,” stated city counsel Grant Murray and Robert Leblanc in its application for leave to appeal, signed April 1.
Pender Lodge Holdings Ltd., which owns and operates 60 micro-suites in Gastown, challenged the bylaw in court, arguing the city does not have legislative authority to implement rent control as that matter falls under the jurisdiction of the provincial government’s Residential Tenancy Act — and the Vancouver Charter, which governs the city’s scope of power and prohibits a person or an entity from being subject to duplicate regulation.
The city denied the RTA “occupied the field of rent control” by being silent on vacancy control specifically. But the judge determined the “dominant purpose” of the bylaw was rent control in the context of residential tenancies and that there was “clearly potential for conflict” between the bylaw and the RTA.
Source: Law Daily Report (lawdailyreport.net)
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