Residential tenancy rules for Squamish reserves

Summary#

The federal government made the Squamish Nation Residential Tenancy Regulations final and in force on June 19, 2023. They apply British Columbia’s residential tenancy rules to specific Squamish reserve lands so landlord‑tenant law and dispute processes on those lands match the provincial system.

What it does#

• Uses the First Nations Commercial and Industrial Development Act process to incorporate parts of British Columbia law — mainly the Residential Tenancy Act, the Manufactured Home Park Tenancy Act, their regulations, and limited parts of the Emergency Program Act — and apply them as federal law on named Squamish reserve lots (for example, Seaichem Indian Reserve No. 16, parts of Capilano Indian Reserve No. 5, and Kitsilano Indian Reserve No. 6).
• Sets out that provincial officials and bodies (including the Residential Tenancy Branch) will administer and enforce those rules on the project lands under a tripartite agreement between Canada, the Province of British Columbia, and the Squamish Nation.
• Adapts a few rules for the on‑reserve context, for example:
  • Landlords must notify existing tenants about the new rules within 15 days after the rules begin to apply.
  • If the federal government is the lessor, landlords must notify tenants two years and again six months before the leasehold interest ends.
  • Some obligations and seizure powers do not apply to the federal government.
• Provides the Squamish Nation a way to add other reserve parcels later by request.

Who's affected#

• Residents and prospective tenants (both Squamish Nation members and non‑members) living on the listed project lands.
• Landlords, property managers and developers working on those parcels (for example, projects involving Westbank Projects Corporation).
• Indigenous Services Canada, the Province of British Columbia, and the Residential Tenancy Branch, which will handle administration and disputes on those lands.
• Other First Nations are not affected unless they later request similar regulations.

Why it matters#

• Tenants on the named Squamish reserves gain the same written‑rules and lower‑cost dispute process that exist off reserve, instead of relying on court actions or ad hoc arrangements.
• The rules remove a legal uncertainty that was a barrier to large housing projects. They support developments such as Sen̓áḵw (planned up to 6,000 units, with about 600 affordable units in early phases and 125 of those set aside for members) and Hiy̓ám̓ (177 units for members). Altogether the projects could add about 6,177 rental units to Metro Vancouver.
• The change aims to reduce financing and legal risk, encourage investment, and speed the delivery of both market and affordable housing on those reserve lands.
• The federal government agreed to fund optional culturally appropriate dispute supports for Indigenous tenants (estimated at $446,086 over five years). The extra workload for BC’s dispute system is expected to be small (less than a 1% increase).