Screening Tenants Legally in Saskatchewan

You may ask for information that is relevant to the applicant's qualifications as a tenant, as long as you do not use it to discriminate. That means rental history, references, proof of income and identity, and, with consent, a credit check. The test for every question is the same: does the answer help you judge whether this person can pay the rent and look after the unit?

The Residential Tenancies Act, 2006 has no screening rule of its own. Screening is shaped by two other bodies of law: human rights law, which limits what you can decide on, and privacy law, which limits how you collect and keep information.

• Reasonable to ask: current and past addresses, past landlord references, employer and income proof, number of occupants, who will live in the unit.
• Needs consent: credit checks, reference calls and background checks.
• Not allowed: any fee for taking or processing the application, and any decision based on a protected ground.

A lack of rental or credit history should not be treated the same as a negative report. A newcomer or a young adult may simply have no record. For general screening steps that apply across Canada, see the national tenant screening guide.

The federal Personal Information Protection and Electronic Documents Act (PIPEDA) applies to Saskatchewan landlords. The Office of the Privacy Commissioner of Canada lists the provinces that have their own private-sector privacy laws, and Saskatchewan is not one of them for landlords, so the federal law applies.

In practice that gives you these ground rules.

• Credit check. You need the applicant's consent to share their information with a credit reporting agency. At a minimum, a check needs name, address and date of birth.
• Social Insurance Number. You do not need it. Unless you can show it is required by law, or that no other identifier would do, an applicant cannot be denied for refusing to give it.
• ID and income. You may ask to see a driver's licence or pay stubs if a reasonable person would think the purpose is appropriate. The Privacy Commissioner says you likely do not need to keep copies of those documents.
• References and background checks. Get consent first. The Commissioner advises landlords not to use social networks for background checks.
• Blacklists. You cannot disclose a poor payment history to an unregulated or ad hoc "bad tenants list".

Bank statements are not discussed by the Commissioner as an application document. The general rules still apply: have a stated purpose, get consent, and collect no more than you need.

Section 11 of The Saskatchewan Human Rights Code says no person may deny occupancy of housing, or discriminate in any term or condition of occupancy, on a prohibited ground. The grounds are:

• religion, creed, marital status, family status
• sex (pregnancy counts as sex), sexual orientation, gender identity
• disability, age (18 or older)
• colour, ancestry, nationality, place of origin, race or perceived race
• receipt of public assistance

Some points catch landlords out.

• Children. Family status is a parent and child relationship. An ad cannot say "no children" or "adults only", except for housing that is exclusively for people 55 or older, which is allowed.
• Public assistance. The ground covers assistance under The Saskatchewan Assistance Act and benefits under The Saskatchewan Income Plan Act. Source of income in general, such as wages or pensions, is not a listed ground.
• Disability. You have a duty to accommodate to the point of undue hardship. Service animals are not pets. A no-pets rule does not apply to them, and charging a higher fee, deposit or surcharge to a person with a service animal is a prohibited practice.
• Criminal record. It is not on the list of prohibited grounds.

There are limited exceptions. A unit where the occupant must share a bathroom or kitchen with the owner or the owner's family, in a building the owner lives in, is outside the housing definition. Sex-based renting is allowed in housing of not more than two units that share an entrance, where the owner lives in one. A court can order compensation up to $20,000.

Section 23 of the Act is plain. You must not charge a person for accepting an application, processing an application, investigating an applicant's suitability, or accepting a person as a tenant. That covers a credit check fee passed on to the applicant, a background check fee and a "holding" fee that is really a charge for processing.

You also cannot collect rent for a future period in advance. A deposit is allowed within the rules: one deposit, up to one month's rent, taken when the tenancy agreement is entered into. See the Saskatchewan landlord deposit guide.

Your ad is part of screening. The Code bans discriminatory notices, signs and publications, and the Human Rights Commission applies this to rental ads. Wording such as "adults only", "no children", or "working people only" can shut out protected groups, including people on public assistance. Describe the unit and the lease terms, not the person you imagine.

Someone who is under 18 can still be a tenant. The Act says a person under 18 may enter a tenancy agreement and that the agreement is not unenforceable by or against them for that reason alone. Refusing someone only for being under 18 is not covered by the Code's age ground, which starts at 18, but see the Commission if it comes up. The questions at application fees and criminal record questions give shorter answers.

The safest approach is to use the same steps, the same questions and the same criteria for every applicant, and to write down why you decide as you do.

1. Set your criteria in writing first. For example, income relative to rent, a satisfactory reference from a previous landlord, and the number of occupants the unit suits. Base them on the lease and the unit.
2. Advertise without excluded wording. Stick to rent, features, availability and terms.
3. Take applications with no fee. Collect only what you need for your criteria.
4. Get consent for each check. Credit, references and any background check need the applicant's agreement.
5. Call references and compare. Ask about rent paid on time, the condition of the unit and how the tenancy ended.
6. Apply your criteria equally. If two applicants meet them, choose on a neutral basis such as first complete application.
7. Tell the applicant the result. If you decline, state the neutral reason, such as income or references. Do not guess.

For the lease that comes next, see the Saskatchewan lease agreements guide.

Personal information needs care once you hold it. The Privacy Commissioner says you likely do not need to keep copies of a driver's licence or pay stubs after you have looked at them. Collect what you need for the decision, use it for that purpose, and keep it secure. The research behind this guide did not find a Saskatchewan rule on how long to keep applications, so decide a short period and stick to it.

The mistakes that most often cause trouble are these.

• Asking one applicant for documents you did not ask another to provide.
• Charging any fee at the application stage.
• Running a credit check without consent.
• Rejecting because of children, public assistance or a disability-related need, such as a service animal.
• Posting an applicant's information anywhere, including on a list shared with other landlords.

If an applicant believes they were refused on a prohibited ground, they can go to the Saskatchewan Human Rights Commission. Remedies can include orders from a court and compensation of up to $20,000. Retaliating against someone for making a complaint is also banned.

Once you choose a tenant, a reference to the process in writing helps you if the decision is questioned later. Do not copy another landlord's questionnaire without checking each question against these rules.

This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.