Current condominium occupancy regulations discriminate based on relationship types, permitting only traditional single-family units to inhabit houses.  This excludes friends, relatives, or unrelated individuals sharing space from legal recognition.

Such policies not only violate the spirit of inclusivity and equality but also contravene the Canadian Charter of Rights and Freedoms, which guarantees equal protection and equal benefit of the law without discrimination. These regulations are not only archaic but also ignore the dynamic and diverse nature of modern living arrangements and the financial challenges faced by many Canadians today.

Instead, restrictions should be based on number of occupants irrespective of relationship of occupants.  

Legal Framework:

• ·Canadian Charter of Rights and Freedoms: Guarantees every individual the right to equal protection and benefit of the law without discrimination based on race, national or ethnic origin, color, religion, sex, age, or mental or physical disability. This foundational legal statute supports our call for amendments to the Condominium Act, ensuring that housing regulations do not discriminate based on the relationship status or the composition of occupants.
• Section 35(2) of the Planning Act prohibits zoning by-laws that distinguish between persons who are related and persons who are unrelated in terms of the occupancy or use of a building or structure, or a part thereof.
• Section 15.1(4) of the Building Code Act prohibits by-laws that establish requirements, standards, or prohibitions that effectively distinguish between persons who are related and those who are unrelated with respect to the occupancy or use of a property.

The Issue: Discriminatory practices within condominium laws include:

• Limiting occupancy rights to individuals based on marital status or blood relationships.
• Prohibiting non-family members from cohabiting, which affects friends, cousins, or colleagues who choose to live together to mitigate living expenses.
• Restrictive policies that disadvantage those who wish to rent out spare rooms to students or young professionals in need of affordable accommodations.

Rationale for Change:

• Economic Sensitivity: Allowing people to share accommodations regardless of their relationship type can significantly reduce individual living costs and economic burdens.
• Inclusiveness: Modern society recognizes various forms of relationships and living arrangements. Legislation should reflect this diversity.
• Practicality: Many people choose to live with roommates for periods of their lives. Legal frameworks should facilitate rather than obstruct this common practice.
• Housing Availability: By allowing more flexible cohabitation rules, more people can find suitable living arrangements, which can help alleviate the housing crisis in many cities.

Call to Action: We urge Prime Minister & Canadian legislators to:

1. Amend the Condominium Act to eliminate restrictions based on the relationship type of occupants.
2. Introduce occupancy rules that are based solely on the number of individuals residing in a unit, respecting the unit’s capacity and safety standards.
3. Encourage policies that facilitate diverse and economically practical living arrangements.

Conclusion: It is imperative for the Condominium Act to evolve and adapt to the realities of contemporary Canadian society. We call for immediate action to revise these outdated occupancy rules, thereby fostering a more inclusive and economically responsive housing market. Let us champion a move towards practicality and fairness in our housing policies.