Service Alberta can receive and investigate complaints about and issue fines for renting offences described in the Residential Tenancies Act.
How familiar are you with offences in renting? In many provinces, tenancy laws include offences. In Alberta, most offences have to do with landlords breaching specific sections under the Residential Tenancies Act (RTA). For example, section 60 of the RTA lists other sections of the Act that are offences if a person does not follow them.
Section 60 also outlines the maximum fines for each of those offences. Depending on what the offence is, a landlord can face a maximum fine of $5,000 or $10,000. For example, if a landlord fails to pay interest on a security deposit, they can face a maximum fine of $5,000. But if a landlord fails to give the minimum required notice of a rent increase, they can face a maximum fine of $10,000.
There is one offence that a tenant can be guilty of. It is an offence for a tenant to change the locks on a rental property without providing a key to the landlord. In these cases, a tenant can face a maximum fine of $5,000.
Under the RTA, there is also a limitation period of 3 years for offence proceedings. This means that Service Alberta must start proceedings about the alleged offence within 3 years after it occurred.
Offences versus remedies
Only Service Alberta can charge someone with an offence. This is different from a tenant or landlord pursuing a remedy for abreach.
For example, a landlord keeping a security deposit without completing proper inspection reports is a breach of the RTA. In such a situation, the tenant can take the landlord to the Residential Tenancy Dispute Resolution Service (RTDRS) or the Alberta Court of Justice to get their security deposit back.
The tenant can also make a complaint with Service Alberta. Service Alberta may investigate the complaint and warn, fine, or take the landlord to court if they found the landlord committed the offence. But Service Alberta will not pursue the landlord to get the money back for you – they focus on the offense, not the breach.
To illustrate this difference, think of the role of police in a car accident. Imagine that a driver runs a red light while you are going through an intersection. They damage your car, and you end up with injuries. You call the police.
You could sue the driver in civil court to fix the car and for financial damages because the driver hurt you. However, the police will not help you get money for repairs or financial damages. That would be your (or your insurance company’s) role.
However, the police would investigate to determine if the driver committed a crime by not stopping at the red light and decide whether to lay any charges. These charges would go through criminal court.
The role of the police would be like the role of Service Alberta in a RTA offence. Not only can they investigate offences, but they can also take enforcement action by issuing a written warning, or a violation ticket with a penalty or mandatory court appearance.
So, you may be wondering at this point what is the point of making an offence complaint under the RTA?
Sometimes, making a complaint will help get a person what they want without having to invest time and money in bringing an action against the other side through the RTDRS or court. But that of course depends on whether the breach is an offence under the RTA.
In the earlier example of a landlord keeping a security deposit without completing proper inspections, a tenant can make a complaint to Service Alberta. If Service Alberta pursues an investigation, the landlord may become aware that they are breaching the law and might voluntarily return the security deposit to the tenant.
Offences versus illegal acts
Sometimes there is confusion about offences and “illegal acts” under the RTA.
The RTA bars tenants from committing illegal acts. Under section 21, tenants have a responsibility (also known as a “covenant”) to not perform any illegal acts in the premises, the common areas, or the property they form part of. We hear from people wondering whether an illegal act is something that a landlord personally considers illegal or if an illegal act means a criminal conviction.
As the RTA is legislation covering civil matters, the standard of proof is on a balance of probabilities. What is an “illegal act” for the purposes of the RTA is for the courts or RTDRS to decide. It will also depend on the circumstances. The courts have also commented that an illegal act under the RTA includes criminal acts under criminal law.
Unlike alleged offences committed by landlords (or in rare cases, tenants), Service Alberta does not investigate alleged illegal acts committed by tenants. If anyone has concerns about possible illegal acts occurring on a rental property, they can make a confidential report to Safer Communities and Neighbourhood (SCAN), a unit of the Alberta Sheriffs. If a crime has been committed or is being committed on a rental property, call the local police.
A little recap
In summary, there are sections in RTA covering what breaches are offences. Most offences have to do with landlords breaching specific RTA sections and can result in a landlord having to pay fines. A tenant who thinks their landlord has committed an offence can make a complaint with Service Alberta. Service Alberta has the power to investigate the complaint and warn, fine, or take the landlord to court over the offence. That said, they cannot pursue the landlord for any financial damages or other remedies arising out of the offence on a tenant’s behalf.
However, do not confuse offences with the term “illegal acts” under the RTA – more specifically, a tenant’s responsibility to not commit illegal acts under the RTA. As the RTA is civil legislation, it is up to the courts or the RTDRS to decide whether a tenant committed an illegal act on a balance of probabilities.
For more information, refer to Service Alberta’s RTA Offences tipsheet.
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DISCLAIMER The information in this article was correct at time of publishing. The law may have changed since then. The views expressed in this article are those of the author and do not necessarily reflect the views of LawNow or the Centre for Public Legal Education Alberta.
About Judy Feng
