What can a previous landlord disclose?

Alberta's Personal Information Protection Act applies to landlords renting for profit. The Office of the Information and Privacy Commissioner says a landlord may collect information from your references only with your consent. Landlords may ask only for the personal information reasonably required to decide whether to rent to you, which can include references from other landlords. A landlord can order a credit report if it has concerns about non-payment, after getting your consent. Searching the internet or social media for background checks is discouraged.

BC's Personal Information Protection Act applies to any person offering to rent any property, including a secondary suite. The Office of the Information and Privacy Commissioner says a landlord may collect information from a reference only with your consent. It would be reasonable for a landlord to decline to process your application if you refuse to give contact details for previous landlords, and reasonable to ask whether you have ever been evicted. A credit report needs prior notice of the purpose and your consent, and is best run late in selection, on the few applicants still under consideration.

Manitoba landlords follow PIPEDA, so the OPC's statement applies: a landlord has no right to disclose a poor payment history to an unregulated or ad hoc bad tenants list. The Manitoba Human Rights Commission's housing guideline says a landlord may screen for ability to pay, income stability and suitability, and must assess each applicant individually. We found no Manitoba rule on what a previous landlord may say in a reference.

Saskatchewan landlords follow PIPEDA, including the OPC's position on bad tenants lists. The Saskatchewan Human Rights Commission says a landlord may obtain information relevant to your qualifications as a tenant, and that having no rental or credit history is not the same as having a bad report. We found no Saskatchewan rule that sets out what a previous landlord may disclose.

PIPEDA covers Ontario landlords, and the OPC's bad tenants list position applies. Under Residential Tenancies Act s.10 and O. Reg. 290/98, a landlord may request credit references, rental history and authorization for a credit check. The Ontario Human Rights Commission says the regulation permits no other inquiries, and that a lack of rental or credit history should not be viewed negatively. We found no Ontario rule on what a previous landlord may say to a new one.

New Brunswick landlords follow PIPEDA. The province says a landlord may ask for your name, contact information, employment information and references, and may request a credit check. The Human Rights Commission's housing guideline says rental history is a legitimate screening item but must not be used in a way that violates dignity and privacy or excludes protected groups. We found no New Brunswick rule on what a previous landlord may disclose.

Nova Scotia landlords follow PIPEDA. The province's renting guide says landlords can run credit and background checks, but the sources we reviewed give no Nova Scotia rule on what a previous landlord may say in a reference. The OPC's bad tenants list statement applies here as it does in the other PIPEDA provinces.

PEI has no provincial private-sector privacy law, so PIPEDA applies to landlords and complaints go to the OPC. The Rental of Residential Property Act has no screening rules that we found. The OPC's statement that landlords have no right to disclose poor payment history to a bad tenants list applies.

Newfoundland and Labrador landlords follow PIPEDA. The Human Rights Act (s.12(3)) lets a landlord use income information, credit checks, credit references, rental history and guarantees. The Human Rights Commission says a landlord should not reject you solely because you have no credit history. We found no rule on what a previous landlord may disclose.