Can a landlord decline a tenant?

The Alberta Human Rights Act bans denying someone the right to rent a self-contained dwelling unit, or discriminating in any term of the tenancy, because of race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation. A criminal record is not on that list.

Source of income means lawful income that carries a social stigma, such as social assistance, AISH or other disability benefits, and income supplements for seniors. The Alberta Human Rights Commission says it does not cover employment wages. Its examples of discrimination include refusing an applicant because they receive income supports or rent subsidies, raising rent to push out a pregnant tenant, and screening with a rent-to-income ratio. Age protects people 18 or older, and a seniors' building where every unit is reserved for people 55 or older is allowed.

BC's Human Rights Code bans refusing to rent advertised space, or discriminating in a term of the tenancy, 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 protection also covers a trait of someone the applicant lives with. The Code does not apply where the person offering the space shares sleeping, bathroom or cooking facilities with the tenant, and it allows buildings where every unit is reserved for people 55 or older.

The Human Rights Commissioner says a landlord cannot refuse someone because they are on social assistance or disability benefits. Complaints go to the BC Human Rights Tribunal, not to the Residential Tenancy Branch. In the Code, age means 19 or older.

Manitoba's Human Rights Code bans discrimination in renting, and in the terms of a tenancy, unless bona fide and reasonable cause exists. Its grounds include ancestry, nationality, ethnic background, religion, age, sex (including pregnancy), gender identity, sexual orientation, marital or family status, source of income, political belief, disability and social disadvantage. A landlord must also reasonably accommodate special needs based on those grounds. The Code does not apply to a boarder or roomer chosen for a private residence, or to a unit in a duplex where the owner lives in the other unit.

The Manitoba Human Rights Commission's housing guideline gives examples that are likely discrimination, such as refusing families because children are "too noisy" or restricting families to certain floors. A criminal record is not a protected ground.

The Saskatchewan Human Rights Code bans denying someone occupancy of housing, or discriminating in any term of occupancy, because of religion, creed, marital status, family status, sex, sexual orientation, disability, age, colour, ancestry, nationality, place of origin, race or perceived race, receipt of public assistance or gender identity. Source of income in general is not a listed ground; the public assistance ground is narrow. A unit in a building where the owner or the owner's family lives is outside the Code if the occupant must share a bathroom or kitchen with them, and housing for people 55 or older only is allowed.

The Saskatchewan Human Rights Commission says a rental ad cannot say "no children" or "adults only". A criminal record is not a protected ground.

Ontario's Human Rights Code protects the right to rent on equal terms regardless 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 ground is public assistance, not source of income in general, though the Ontario Human Rights Commission says minimum income rules and rent-to-income cut-offs can still be discriminatory through their effect on other grounds. The Commission treats limiting a building to adults as family status discrimination, and we found no exception for it in the Code.

The Code does not apply where the tenant shares a bathroom or kitchen with the owner or the owner's family living in the dwelling. A regulation under the Code lists the screening a landlord may do, such as credit references, rental history and a credit check. A criminal record is not a protected ground in housing.

New Brunswick's Human Rights Act lists 16 prohibited grounds: race, colour, national origin, ancestry, place of origin, creed or religion, age, physical disability, mental disability, marital status, family status, sex, sexual orientation, gender identity or expression, social condition, and political belief or activity. Section 5 bans denying someone the right to occupy a dwelling unit, or discriminating in any term of occupancy, on those grounds. Social condition includes source of income, occupation and level of education.

The Human Rights Commission's housing guideline says an ad for a building that is "adults only" excludes families with children, and lists minimum income, permanent-job and rent-to-income rules as examples of discriminatory preconditions. We found no statutory exemption for adult-only or seniors-only buildings; a special program approved by the Commission is one route. A criminal record is not a protected ground.

Nova Scotia's Human Rights Act bans discrimination in accommodation on grounds that include age, race, colour, religion, creed, sex, sexual orientation, gender identity, gender expression, physical or mental disability, ethnic, national or aboriginal origin, family status, marital status, source of income and political belief. The Nova Scotia Human Rights Commission's examples include refusing a renter on Income Assistance, a student loan or EI, and renting to someone but then demanding rent in advance or a larger deposit because of a protected characteristic.

The one exception written for accommodation is renting a single room in a house where the landlord or the landlord's family lives in the rest of it, and only if the room is not advertised by sign, news media or rental agency. A complaint must be made within 12 months. A criminal record is not a protected ground.

PEI's Human Rights Act bars denying occupancy of rental housing, or setting discriminatory terms, because of age, colour, creed, disability, ethnic or national origin, family status, gender expression, gender identity, marital status, political belief, race, religion, sex, sexual orientation or source of income. The Human Rights Commission says source of income covers where income comes from, not how much, and that refusing accommodation because income is Financial Assistance is not allowed. It also says landlords should not ask about family or marital status, though they may ask how many people will live in the unit.

The Act lets an owner of a building with two or more units restrict the units other than the owner's own to people of one sex. We found no exemption for a shared unit or for adult-only or seniors' buildings. Complaints go to the Commission within one year. A criminal record is protected in employment only, not in housing.

The Human Rights Act, 2010 bans refusing occupancy of a self-contained dwelling unit, or setting discriminatory terms of occupancy, because of race, colour, nationality, ethnic origin, social origin, religious creed, religion, age, disability, disfigurement, sex, sexual orientation, gender identity, gender expression, marital status, family status, source of income or political opinion. Source of income is defined narrowly, as receiving income or employment support under the Income and Employment Support Act, although the Commission's guidance says a landlord should not discriminate because they disapprove of where income comes from.

Age and family status do not apply where every unit is reserved for people 55 or older. The Act lets a landlord use income information, credit checks, references, rental history and guarantees when screening. The Commission says an "adult only" building could discriminate on family status. A criminal record is not a protected ground for housing.