In BC, tenant screening is governed by 3 laws - and the rules are stricter than most landlords think.

1. PIPA - Personal Information Protection Act - regulates what personal information you can collect and when.
2. Human Rights Code - what you can NEVER ask.
3. Residential Tenancy Act - it applies at the start of a tenancy but not before. That is why there is no example rental application form on the RTB website.

The definitive guide is OIPC Investigation Report P18-01: Always, sometimes, or never?

1. What you can ALWAYS collect - with consent

This is information that clearly relates to suitability and is reasonable for any tenancy:

  • Name and proof of identity - It will always be reasonable to collect a name and to view proof of identity. It is reasonable to ask to show valid government photo ID, but not reasonable to make a copy or record the licence/passport number.
  • Contact info - phone, email
  • Landlord references - It will always be reasonable to seek consent to collect reference information from recent landlords. Tenancy history is the most reliable predictor of suitability.
  • Tenancy history - where you rented, how long, reason for leaving, whether you were evicted or had disputes
  • Pets and bedbug/infestation issues - It will always be reasonable to ask if you have pets, or if you are experiencing a bedbug infestation
  • Rent-only tenancy report - Some agencies offer a report that only includes name, places of residence and paying habits - not a full credit report. That is always authorized.
  • Public RTB decisions - You can collect publicly available decisions from the Residential Tenancy Branch if you notify the applicant first.

All of this requires specific, informed consent. Blanket consent like "I authorize collection from any source" is not valid - Landlords must state clear, specific purposes for collection.

2. What you can SOMETIMES collect - only if needed

This is the tier that trips up most DIY landlords:

  • Age - Only when housing is legally restricted, like a building reserved exclusively for people over 55
  • Income / employment verification - Sometimes authorized. You can ask employer, salary, length of employment if references alone don't establish ability to pay
  • Credit check / credit score - A landlord can ask for age or require a credit check only when an applicant is unable to provide satisfactory references, or employment or income verification. It is not reasonable to require EVERY applicant to consent to a credit check.

In practice: If applicant gives you a recent, arm's-length landlord reference saying rent was always on time and property was well cared for, you have no need for further financial info.

  • Number of occupants - Reasonable to ask who will live there, but not their ages, birthplace, or if occupant count will change due to pregnancy

OIPC's rule: You can only require the minimum necessary to provide the rental service. A landlord cannot refuse to rent because someone won't provide information that is not necessary.

3. What you can (almost) NEVER collect

In 2018, BC's Office of the Information and Privacy published Commissioner Investigation Report P18-01 - Always, sometimes, or never? Personal information and tenant screening.
As published, the Commissioner found systemic over-collection.

"I found a systemic practice of landlords asking tenants to provide an unreasonable amount of personal information during the application process."

Examples that violate PIPA and the Human Rights Code:

Never authorized because it violates the Human Rights Code:
Landlords cannot collect information about protected grounds: Race, Colour, Ancestry, Place of origin, Religion, Marital status, Family status, Physical or mental disability, Sex, Gender identity or expression, Sexual orientation, Age, Lawful source of income.

That includes questions like: marital status, are you pregnant in next 12 months, were you born in Canada, child report cards, do you smoke, etc. The report specifically calls out: You cannot inspect an applicant's current residence or ask if an applicant may become pregnant.

Never authorized because it's too sensitive or irrelevant:

  • SIN - never needed
  • Full bank statements - landlords requiring months' worth of detailed bank statements violates PIPA
  • Detailed asset / debt lists from credit report beyond paying habits
  • Driver's license number, passport number, credit card info
  • Social media / Google searches - Social media sites like Facebook, Twitter, Instagram or search engines like Google are not publicly available information under PIPA. Collection would require consent AND be reasonable - which it is not. Never collect from social media platforms.

4. Legal process rules in BC

  • Tell them WHY before you collect: For consent to be valid, you must tell them verbally or in writing why you are collecting before you collect it.
  • No application fees: You cannot charge a fee to apply, for a credit check, or for screening under the RTA.
  • No coercion via low vacancy: Low vacancy does not let you collect more. Consent must be voluntary.
  • Retention: Personal information used to make a decision that directly affects someone must be retained for at least one year, then securely destroyed.
  • No copies of ID: View ID, then return it. Don't photocopy.

How professional managers do it to stay compliant

At Vantage West, we follow the OIPC tiered approach:

  1. Start with always - ID view, contact, landlord references, tenancy history, pets.
  2. Only if references are insufficient or tenancy is significantly more expensive, ask for sometimes - employment letter or income verification, then credit check as last resort with specific consent.
  3. Never ask Human Rights or banking data.

This protects owners from a Human Rights complaint or OIPC complaint, while still getting a qualified tenant.

This is general information, not legal advice. If you have a specific screening situation, contact the Residential Tenancy Branch or a lawyer familiar with PIPA and the Human Rights Code.