What to know about Age Restriction Bylaws
1. Age Restriction Bylaws
An age restriction bylaw is a bylaw of the strata corporation
which requires that some or all of the persons occupying
a strata lot be over a certain age.
Age restriction bylaws are not prohibited by the Act, but they
may be
unenforceable in certain circumstances if:
- they contravene the Act, Regulations or any other
laws, including the Human Rights
Code.
[Please refer to Instruction Guide 13, "How to Create
or Amend Bylaws and Rules" and Instruction Guide
14, "How to Enforce
Bylaws and Rules" for a more detailed explanation
of how bylaws and rules may be unenforceable.]
2. Provisions of the Human Rights Code
The Human Rights
Code contains provisions prohibiting
discrimination on certain grounds in relation to both the
purchase and the rental of a property.
The discriminatory grounds that are prohibited in relation
to the purchase of a property include factors such as race,
colour, ancestry, religion etc., but do not include age or
family status.
Only the provisions of the Human Rights
Code that relate
to tenancy prevent discrimination on the basis of age or
family status (with one exception noted below).
The Human Rights Code therefore only applies to prevent
discrimination based on age or family status in relation
to tenancies.
3. 55+ Exception
The provisions of the Human
Rights Code respecting discrimination
based on age and family status do not apply to rental premises
if the age restriction is set at persons 55 years of age
or older, or to two or more persons at least one of whom
is 55 years of age or older.
4. Application of the Human Rights Code
Bylaws that restrict occupancy based on age or family status
are unenforceable
against renters unless the entire development is limited
to persons 55 years and
older (or a couple, one of whom is 55).
It is therefore not possible for a strata development that
permits rentals to prevent
strata lots from being occupied by children in the rental
suites.
Age and family status restriction bylaws can apply to owners.
Thus, a bylaw that
prevents children can apply to owners who occupy a strata
lot.
| Person |
Age Restriction for an Age
Less Than 55 (ie. No one Under 19) |
Age Restriction for Age
55 and Over |
| owner |
Age restriction applies |
Age restriction applies |
| tenant |
Age restriction does not apply |
Age restriction applies |
5. Grandfathering
An age restriction bylaw does not apply to a person who resides
in the strata lot at the time the bylaw is passed and who
continues to reside there after the bylaw is passed.
References:
Sections of the Act: 121, 123(2) |
