Beginning November 1, 2018, all clandestine businesses beyond Canada, from baby residential landlords to ample multifamily portfolio owners, will be impacted by the latest changes to PIPEDA.
PIPEDA, additionally accepted as the Claimed Advice Protection and Electronic Documents Act, is Canada’s federal clandestine area aloofness law that sets out the arena rules for how businesses charge handle claimed advice in the advance of their bartering activity. PIPEDA was decidedly adapted back The Digital Aloofness Act accustomed Royal Assent in June 2015.
• Obtain a tenant’s accord to collect, use or acknowledge a person’s claimed information;• Identify the affidavit for accession the claimed advice (before collection) and alone ask for the bound advice bare for what a reasonable being would accede adapted to the circumstances;• Provide an alone with admission to the claimed advice the holder has acquired and acquiesce them to claiming its accuracy;• Only use a tenant’s claimed advice for the purposes for which it was collected.
As of November 1, 2018, PIPEDA will accommodate a binding claim for organizations to accord accounting apprehension to afflicted individuals and to the Commissioner about aloofness breaches, while advancement annal for 24 months about anniversary breach.
All businesses (including landlords of every size) charge ensure that claimed advice is adequate by the adapted safeguards. These ability include: locking filing cabinets, akin appointment access, employing anxiety systems, deepening abstruse accoutrement (i.e. passwords, encryption, firewalls), and advocacy authoritative controls (i.e. aegis clearances, agents training, agreements, etc.).
In short, there’s a lot to apperceive about PIPEDA and how, alpha November 1, it will affect all rental accommodation operations. Booty this Landlord-Tenant Aloofness Test to actuate your akin of preparedness:
1. Do you charge a tenant’s SIN cardinal for best things?Answer: No.
2. Do you charge permission to abduction a tenant’s face on a surveillance camera?Answer: Yes, but that permission can be implied.
3. Do you charge accounting permission to do a acclaim check?Answer: Yes.
4. What minimum advice is bare to do a acclaim check?Answer: At minimum, a abounding name, abode and date of birth.
5. Is it adjoin the law to appeal a tenant’s SIN number?Answer: No law currently prevents landlords from allurement for a SIN for purposes of identification.
6. Can you abjure a control appellant because they didn’t accord you their SIN number?Answer: No
7. Can you use the SIN as a accepted addressee identifier, in your accounting arrangement for example?Answer: No.
8. Can a freeholder ask for a driver’s license, tax information, pay stubs?Answer: Aloofness law doesn’t anticipate such requests but any advice acquired charge be absolutely protected.
9. Can you attending into a tenant’s accomplishments by blockage their amusing media postings or calling addition landlord?Answer: Informal checks are still advised a accumulating of claimed information—therefore, permission is adapted and aloofness laws do apply.
10. Can you put a tenant’s name on a ‘bad tenant’ list?Answer: Not to an able or ‘ad hoc’ list.
11. Can you verbally acknowledge bad addressee behaviour to added landlords—for example, during a buzz advertence check?Answer: No. Despite bad behaviour or poor acquittal history a freeholder doesn’t accept the adapted to ‘shame’ a bad addressee by advice such information, which can be construed as ‘vigilante’ actions. Formal, adapted mechanisms such as acclaim agencies may be notified in adapted circumstances.
12. Can you booty pictures of a tenant’s accommodation and capacity if you doubtable a control acceding breach?Answer: Yes, about austere rules apply.
13. Can you set up surveillance cameras in your architecture that abduction addressee faces?Answer: Yes, but austere rules administer here, too.
14. Can a addressee ask what advice you authority about them?Answer: Yes.
15. Can added tenants aggregate advice on a tenant?Answer: Generally, no.
16. How continued can you absorb a tenant’s information?Answer: There is no assigned period, but not indefinitely.
17. Is there a assigned action for claimed advice destruction?Answer: No, but it charge be done appropriately.
18. Can you acknowledge claimed advice to accompany a debt?Answer: Austere rules apply.
19. Can badge agencies appeal addressee advice from you?Answer: Austere rules administer actuality too and specific affidavit is required.
20. Can badge agencies appeal the freeholder acquiesce them access to a tenant’s unit?Answer: Maybe, if badge acknowledge it an emergency. Otherwise, a accreditation is usually adapted or 24-hours’ apprehension to tenant. Austere rules apply.
In conclusion, landlords should accept all of these accident exposures covered in their rental appliance forms and Standard Lease addendum B clauses afore the changes booty aftereffect November 1. Find out added at: www.priv.gc.ca.
Chris Seepe is a appear biographer and author, ‘landlording’ advance instructor, admiral of the Landlords Association of Durham, and a bartering absolute acreage agent of almanac at Aztech Realty in Toronto, specializing in income-generating and multi-residential advance properties. (416) 525-1558 Email [email protected]; website: www.drlandlord.ca
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