After months of uncertainty, Jasper renters and landlords can now rest easy knowing the Residential Tenancies Act (RTA) applies in national parks.
The issue came to a head after Wayne Webster ran into difficulty with his Lake Louise landlord, who refused to return his $1,900 security deposit when he moved out last June.
In response, Webster filed a complaint with Service Alberta鈥檚 special investigations unit to try and recover his money, but rather than helping him, the province dug in its heels and said the RTA did not apply in national parks because national parks are under federal jurisdiction.
Unwilling to accept the province鈥檚 position, in early February Webster applied to the Court of Queen鈥檚 Bench for a judicial review.
Within 48 hours, even before a judge had heard the matter, Service Alberta reversed its decision.
鈥淚 was absolutely flabbergasted when 48 hours after we served them they said they were going to investigate my complaint after all,鈥� said Webster, who is a lawyer by trade.
鈥淚 thought when we went ahead with the judicial review that the government would fight it tooth and nail. I thought this was going to be an epic battle that would be dragged out for months and months and that I would end up being bankrupt after paying lawyers鈥� fees.鈥�
The RTA is designed to protect both landlords and tenants. As well as providing rules around security deposits, the act also limits the grounds on which a landlord can terminate a rental agreement and how often a landlord can raise a tenant鈥檚 rent.
On Feb. 26, Service Alberta confirmed the RTA applies in national parks.
鈥淪ervice Alberta and Parks Canada have been in consultation on the application of the Residential Tenancies Act on residential rental properties in national parks,鈥� wrote Cheryl Tkalcic, assistant director of communications for Service Alberta, in an email.
鈥淎s a result of these discussions, Service Alberta can clarify that the RTA applies in national parks on a residential tenancy sub-lease entered into by the Crown鈥檚 tenant (landlord) and their tenant (sub-lessee) for non-land related provisions.鈥�
According to Tkalcic, the province based its decision on numerous discussions with legal counsel,聽 opinions on constitution law and input received from Parks.
鈥淲e have nothing to add at this point,鈥� said Steve Young, communications officer for Jasper National Park.
Mayor Richard Ireland鈥攚ho is also a practicing lawyer鈥攚elcomed the province鈥檚 decision.
鈥淚 have to say I鈥檓 a little bit surprised it went the direction that it did, for the time that it did, but it鈥檚 back on the rails now,鈥� he said.
鈥淚t doesn鈥檛 really change anything, it just brings a degree of certainty back into the equation which is important for everybody,鈥� said Ireland, adding provincial courts have always enforced residential tenancy laws in Jasper.
Webster said he was happy to see the government recognize its error, but chastised its explanation.
鈥淎ll this stuff about a review of their policy is just a face-saving smoke-screen and damage control,鈥� wrote Webster in a follow up email.
鈥淭hey knew all along that they were legally required to enforce the RTA and they just didn鈥檛 want to. It has nothing to do with policy鈥攖hey had a legal duty to enforce the law and they made a conscious decision not to do so, thinking that they would never get caught and that they would always get away with it.鈥�
He questioned whether the government would have reversed its decision had he not been a lawyer with the financial means to take the matter to court.
鈥淭hey picked the wrong person to try and pull the wool over,鈥� said Webster, who estimates it will cost him approximately $5,000 in legal fees when everything is said and done.
鈥淭hey never dreamed I was anything except a normal Joe Blow tenant.鈥�
Despite the financial cost, ultimately he said the issue became a matter of principal.
鈥淚 wanted to stand up for the people of Jasper and the people of Lake Louise because the government was treating us as second-class citizens.鈥�
Paul Clarke
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