HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Part 1 – Interpretation and Application

Definitions

1 In this Act:

"former Act" means the Residential Tenancy Act, S.B.C. 2002, c. 78, or the Manufactured Home Park Tenancy Act, S.B.C. 2002, c. 77, as applicable, as the Act read immediately before the date this section comes into force;

"landlord" means a person who grants a right of occupancy under a rental arrangement;

"pre-existing tenancy" means a tenancy under a tenancy agreement that is in effect immediately before the repeal date;

"rental arrangement" means an agreement, whether written or oral, under which a person is granted a right to occupy residential property, including

(a) a short-term rental accommodation, and

(b) a tenancy agreement respecting a pre-existing tenancy;

"repeal date" means the date that the former Acts and the Short-Term Rental Accommodations Act are repealed by this Act;

"residential property" has the same meaning as in the Residential Tenancy Act;

"Residential Tenancy Branch" has the same meaning as "director" in the former Acts;

"short-term rental accommodation" means a residential property that is provided for rental occupancy for a period of less than the prescribed duration;

"tenancy agreement" has the same meaning as in the former Act;

"tenant" means a person who is granted a right of occupancy under a rental arrangement.

Application

2 This Act applies to a rental arrangement entered into on or after the repeal date.

Part 2 – Dispute Resolution

Jurisdiction of Provincial Court

3 The Provincial Court has jurisdiction to hear and determine

(a) any matter arising under this Act or the regulations respecting a rental arrangement, and

(b) any matter that, before the repeal date, could have been heard and determined by the Residential Tenancy Branch, other than a matter that was commenced before the repeal date and is continued under section 4 (1).

Part 3 – Residential Tenancy Branch Winding Up

Winding up of Residential Tenancy Branch

4 (1) On the repeal date, the Residential Tenancy Branch is continued only for the purpose of completing dispute resolution proceedings commenced before that date under one of the former Acts.

(2) The Residential Tenancy Branch may not, on or after the repeal date,

(a) accept a new application for dispute resolution, or

(b) initiate a new dispute resolution proceeding.

(3) The authority of the Residential Tenancy Branch ends on the prescribed date.

Transition – dispute resolution under former Acts

5 A reference in a tenancy agreement to a dispute resolution process under either of the former Acts is deemed to be a reference to a proceeding in the Provincial Court, except in respect of a proceeding commenced under the former Act that is continued under section 4 (1) of this Act.

Part 4 – Municipal Authority

Municipal authority not affected

6 For certainty,

(a) nothing in this Act or the regulations affects the authority of a municipality to regulate, under the Local Government Act or the Vancouver Charter, the use or occupancy of residential property in the municipality, including short-term rental accommodations,

(b) a municipality may regulate or prohibit short-term rental accommodations in accordance with its bylaws, subject to this Act and the regulations, and

(c) nothing in this Act authorizes a use of residential property that is prohibited by a municipal bylaw.

Part 5 – General

Regulations

7 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing the duration for the purposes of the definition of "short-term rental accommodation" in section 1;

(b) prescribing, for the purpose of section 4 (3), the date on which the authority of the Residential Tenancy Branch ends;

(c) respecting formation of rental arrangements;

(d) respecting enforcement of rental arrangements;

(e) respecting monetary obligations of tenants and landlords, including for rent, fees and deposits;

(f) respecting termination of rental arrangements;

(g) respecting transitional matters arising from the repeal of the former Acts and the Short-Term Rental Accommodations Act, including

(i) respecting the rights and obligations of landlords and tenants,

(ii) respecting short-term rental accommodations, and

(iii) respecting dispute resolution.

Repeals

8 On the date this section comes into force,

(a) the former Acts are repealed, and

(b) the Short-Term Rental Accommodations Act, S.B.C. 2023, c. 32, is repealed.

Commencement

9 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Note

This Bill

• repeals the Residential Tenancy Act and the Manufactured Home Park Tenancy Act, and provides for transitional rules in respect of dispute resolution proceedings commenced under the Acts, and
• repeals the Short-Term Rental Accommodations Act.