What English-language rights do I have in Canadian and Quebec housing law?

Canada’s Constitution gives the responsibility over all housing matters to the provinces. This means that each provincial government is tasked with setting up its own rules and regulations on the leasing of residences.

Quebec’s Civil Code and Charter of the French Language (also known as “Bill 101”) make clear that residential leases may be drawn up in a language other than French if both the landlord and tenant agree to it.

Other lease-related notices that may be required, for example, when there is a rent increase, major repairs to be done in the residence, or when the landlord wishes to repossess the residence, must also be drawn up in the same language as the lease.

Standard forms for lease-related notices can be found on the TAL website.

If either a landlord or tenant do not agree to draw up the residential lease in English, then the lease and all other lease-related notices must be drawn up in French. If either the tenant or landlord wishes absolutely to draw up a residential lease in English, then they must find another person willing to draw it up in English.

You can find standard residential lease forms in English for purchase in most post offices and pharmacies, as well as online for purchase.

If you are a landlord and a residential lease agreement is made verbally (i.e. without a written lease form), then you must fill in the Mandatory Writing form and deliver it to your tenant within 10 days of the start of the verbal lease.

Can a landlord refuse to rent to me if I am either not Francophone or not fluent in French?

Discrimination on the basis of ethnicity or language is explicitly prohibited by Quebec’s Charter of Human Rights and Freedoms.

In other words, a landlord cannot deny renting out a residence to a potential tenant simply because they are an English-speaking individual or because the they are not francophone (i.e. a native French-speaker).

If you believe you are the victim of discrimination on the basis of ethnicity or language, then you would need to file a claim with the Commission des droits de la personne et des droits de la jeunesse. Click here to learn more about filing a complaint.

Which institution oversees and resolves housing rights issues in Quebec?

Formerly known as the Régie du logement until 2020, the Administrative Housing Tribunal (also dubbed the Tribunal administratif du logement or TAL) is a provincial body that oversees and resolves conflicts involving residential leases.

The TAL has the authority to issue decisions on many types of housing disputes, including:

• Renewals and modifications of leases;
• Repossession of a residence by a landlord;
• Eviction of a tenant from a residence; and
• Instances when obligations in the lease are not being fulfilled by either the tenant or the landlord (such as failure to repair major plumbing or electrical problems, paying the rent on time, etc.).

The TAL is also responsible for keeping tenants and landlords sufficiently informed of their rights and responsibilities through telephone assistance, appointments with information clerks, and free digital publications on their website, much of which is offered in English online or at a person’s request.

When contacting the TAL via telephone (514-873-2245):

• Press “0” to speak with a TAL representative.
• Be aware there is a lengthy automated voice recording in French explaining the services offered by the TAL that must be listened to before the caller can request listening to this same information in English by pressing “9”.

Take a look at the TAL’s English-language webpages on the Rights and Obligations of the Tenant (the “Lessee”) and Rights and Obligations of the Landlord (the “Lessor”) for more details.

What services am I allowed to access in English at the Administrative Housing Tribunal (TAL)?

While only available in French, the TAL’s Language Policy outlines the occasions where you have the right to use English in your communications and dealings with the Tribunal.

According to the Policy, you may have your case heard in English if you apply to the TAL in that language.

While making a claim to the TAL, you may request English versions of forms needed during your case before the Tribunal, many of which are already posted onto the TAL website in downloadable PDF format.

NOTE: Due to the exceptional circumstances of the COVID-19 pandemic, the TAL currently allows you to complete and submit all complaint applications online. However, please be aware the online online application form is only available in French.

If you cannot use the online application form, then you can use the downloadable PDF application form (mentioned above) in English and submit it with the other needed documents to the TAL either by mail or in person.

Whether you participate in an alternative method to resolving your housing conflict (for example, through formal talks and negotiations, mediation, or other approaches) or participate in a hearing before the TAL, you have the right to express yourself and be heard in English.

Rulings made by the Tribunal are written in French unless the judge decides otherwise. If written in French, an English-language translation of the ruling may be provided for free at your request. You can make this request by filling out the PDF form, then saving and sending it to the TAL.

Regarding telephone conversations, TAL staff can assist and communicate with you in English if you do not understand French well enough to carry out a conversation.

If you call the TAL and speak to their staff in a language other than French must first check whether you are able to understand French. They will most likely do this by asking you directly.

If you confirm that you cannot understand French, then the TAL representative can continue to speak to you in English.

If the TAL representative is unable to speak in English, they can find a co-worker who can better serve you.

NOTE: Based on the wording of the TAL’s Language Policy, while staff members are encouraged to help you in English in certain circumstances, they are not obligated to do so.

Also, on June 1, 2022, the Quebec government officially passed Bill 96, a new law that obliges all government institutions to follow the rules of a universal language policy, to be drawn up by the Ministry of the French Language. This state-wide language policy:

• Requires government institutions to draw up guidelines pinpointing the situations in which it is acceptable to provide services in English; and
• Tightens the rules around when a government institution is allowed to offer services to the public in English.

While the Ministry’s language policy has not yet been released, these modifications could narrow the TAL’s Language Policy and further restrict the TAL’s ability to offer its services to Quebecers in English.

The bill also:

• No longer requires that all judges appointed to the Quebec tribunals have English-language skills; and
• Requires all written English-language judgments to include a French-language translation.

This new bill could make it harder for English-speakers in Quebec to access to have their case at the TAL heard in English.

The bill was long discussed in consultations before the Committee on Culture and Education at the National Assembly. More information will be provided as new developments emerge.

Many portions of the TAL’s website are also available in English, though not to the same extent as the French version. As stated above, many of the forms and documents offered only in French can be requested in English by contacting the TAL.

 

Housing Resources

Legal Clinics

Centre de justice de proximité du Grand Montréal – CJP

514-227-3782, option 4

Opening Hours: Monday–Thursday, 9am–5pm

The CJP of Greater Montreal provides free legal information in English on general housing law matters. The lawyers on staff only provide legal information, not specific advice. They are currently taking questions only by telephone or video calls.

Visit CJP website for more detailed information.

Head & Hands – H&H

514-481-0277
info@headandhands.ca

Opening Hours: Monday & Friday, 12–5pm; Wednesday & Thursday, 12–6pm

The H&H provides you free legal advice in many areas, including housing, for youth between 12 to 25 years old. Clients over the age of 25 are encouraged to make a $20 donation.

Visit the H&H website for more information on their Legal Programs and Services.

Legal Information Clinic at McGill – LICM

514-398-6792

Opening Hours: Monday & Wednesday, 9am–5pm; Tuesday & Thursday 11am–7pm; Friday 9am–3pm

Operated by law students, this legal clinic can answer your questions on residential leases and housing rights. The clinic can also help you better understand the procedure at the TAL, such as how to:

• Open an application;
• Prepare for a hearing;
• Seek alternative methods to resolve tenant-landlord disputes; or
• Contest a decision made by the TAL board.

The LICM also has senior volunteers that can accompany you to the TAL to explain the complaint process and attend hearings for moral support.

The Clinic provides you with the option to register to attend Know Your Rights information sessions on many areas of law, including housing and tenant-landlord relations (announcements made on their social media pages).

Visit the LICM website for more information.

Mile End Legal Clinic – MELC

514-507-3054
info@melc.ca

Opening Hours: Wednesday, 4–7pm

The MELC offers you free legal assistance in lots of areas, including housing. First consultation is usually with a law student providing legal information.

Follow-up consultations may be with a volunteer lawyer who can give you specific advice to the client, though the MELC does not represent clients at the TAL.

NOTE: the Park Extension Legal Clinic (open Monday, 3–6pm) and Tyndale St-Georges Legal Clinic (Monday, 6–7pm) are also affiliated with the MELC.

Visit the MELC website for more information.

YWCA Legal Information Clinic – YLIC

514-866-9941, ext. 293
infojuridique@ydesfemmesmtl.org

Opening Hours: Monday–Friday, 9am–5pm

The YLIC offers women legal information in various domains. They also can help in finding employment and long-term shelter for vulnerable women. They can also help with writing demand letters and filling out certain legal documents.

The Clinic offers each client three 30-minute sessions per year (either free or with a fee up to $20, depending on the client’s financial situation).

Visit the YLIC website for more information.

Housing Rights Organizations

LogisAction

514-360-7209

intervenants@logisaction.ca

Provides you with help in resolving rental housing problems if you are a tenant living in Notre-Dame-des-Grâces in Montreal, thought they may also assist a limited number of tenants living outside the borough is space permits.

Visit their website for more information.

North Shore Community Association – NSCA

nsca@quebecnorthshore.ca

Serves English-speaking individuals in the Côte-Nord of Quebec (Baie-Comeau, Sept-Îles, and other municipalities). Acts as an intermediary between the municipalities and members of the English-speaking public to help find services in English to various domains, including housing.

For further assistance, contact the NSCA through their website or at the email address above with your specific questions.

Project Genesis

514-738-2036

Opening Hours: Monday–Tuesday & Thursday, 9am–4:30pm; Friday, 9am–2:30pm (In-person consultations by appointment and only for cases where telephone consultations would be too difficult)

Offers you free legal housing assistance with writing demand letters and navigating the TAL complaint process. Volunteer advisors able to help you with your specific housing rights questions and needs.

Visit their website for more information.

Help Lines

Arnold Bennet’s Housing Hotline

514-488-0412 or 514-990-0190

Operating Hours: Monday–Friday, 9am–5pm (Not currently holding in-person consultations due to COVID-19)

Free service by Arnold Bennett, a tenants’ rights advocate, offering you help with housing issues, like filling in TAL forms and helping tenants and landlords draft demand letters.

The hotline is able to answer questions related to:

• Rent increases;
• Evicition;
• Repossession by landlord for a family member;
• Repairs;
• Noise;
• Harassment;
• Rodent and insect infestations;
• Conflicts between neighbours; or
• For small landlords, issues by non-payment or bad behaviour by tenant.

Service téléphonique du logement

1-844-227-3790

Opening Hours: Monday–Friday, 8:30am–4:30pm (except statutory holidays)

A free, non-emergency operation, this service can offer you a short telephone conversation with a lawyer to help you with any housing disputes you are bringing to the Administrative Housing Tribunal.

Éducaloi

An open-access encyclopedia of Quebec and Canadian law, this neutral non-profit can provide you with legal information on renting rights on their website.

Their web-guide Tenants and Landlords: A Guide to Rental Housing offers you free information of housing rights in the province in English and French.