Canada

Does the federal government have jurisdiction over residential tenancy disputes?

Provincial only
Jurisdiction level
s. 92(13)
Constitution Act power
1996 SCC
Key ruling year
N.S. RTA
Case subject
The Short Answer

No, the federal government does not have jurisdiction over residential tenancy disputes — this is exclusively a provincial responsibility under Canada’s constitutional division of powers.

What the Law Says

The federal government’s role in housing is limited to broad policy and funding objectives — it does not regulate landlord-tenant relationships. Residential tenancies are governed by provincial statutes because property and civil rights (including leases and evictions) fall under provincial jurisdiction under section 92(13) of the Constitution Act, 1867.

The National Housing Act reflects this limited federal role: it sets out goals related to housing affordability, finance, and funding — but contains no provisions regulating tenancy agreements, rent control, or dispute resolution between landlords and tenants.

Because tenancy law involves contracts, property use, and remedies for breach — all matters of 'property and civil rights' — they are constitutionally reserved to the provinces.

Statutory Text

The purpose is to promote housing affordability and choice, facilitate access to and competition in the provision of housing finance, and protect the availability of adequate funding for housing.

National Housing Act, s. 3 — Purpose

What Courts Have Said

The Supreme Court of Canada has affirmed that residential tenancy regulation — including dispute resolution mechanisms — is a core provincial responsibility, and attempts to assign such powers to federal or non-s. 96 tribunals must respect constitutional limits.

Reference re Amendments to the Residential Tenancies Act (N.S.)
Supreme Court of Canada · 1996

The Court upheld Nova Scotia’s authority to assign landlord-tenant disputes to an administrative tribunal, confirming that regulating residential tenancies falls squarely within provincial jurisdiction under s. 92(13) of the Constitution Act, 1867 — and that federal involvement in such matters would be unconstitutional.

What to Do

1

Contact your provincial or territorial tenancy office (e.g., Ontario’s Landlord and Tenant Board or BC’s Residential Tenancy Branch).

2

Review your province’s residential tenancies act for rules on rent increases, maintenance, eviction, and dispute resolution.

3

File a claim with the appropriate provincial tribunal — not a federal court or agency.

4

Do not rely on federal housing programs for tenancy rights enforcement — they do not handle disputes.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.