Principles and guidelines to follow

Looking for a new dwelling or a new lessee?

The end result of your search will probably be a contract between lessee and lessor – that is, a lease.

Before the lease is signed, the lessor may want to collect some personal information from their prospective lessee. The Commission d’accès à l’information (hereinafter the "Commission") has set out principles and guidelines to help guide both parties in this situation.

Two basic principles

• The right to privacy

  Whatever the context, the collection of information must comply with the Act respecting the protection of personal information in the private sector. This law determines the rules relating to the collection, retention, use and communication of personal information.

  If the lessor is a public body (for example, low rental housing), the law that applies is the Act respecting Access to documents held by public bodies and the Protection of personal information. In that case, eligibility criteria for those programs must also be taken into account.

• Necessary information only

  In general, the Commission considers that, under certain conditions, a lessor may gather personal information before a lease is signed. That means that the lessor needs to make sure to collect only the information necessary to evaluate and process a rental application.

Guidelines to follow

When a prospective lessee submits an application to rent a dwelling, the lessor may demand certain information in order to establish their identity, behaviour and payment habits.

What information can a lessor collect about a prospective lessee and what information can’t they require?

Personal information that can be requested

1. Personal information to establish a prospective lessee’s identity

   The lessor may ask for the prospective lessee’s full name and complete current address.

   To verify the prospective lessee’s identity, the lessor may ask to see a piece of identification, with or without photo, such as a driver’s licence or a health or social insurance card or passport. However, the lessor may not collect the information listed on it. The lessor may not photocopy the document, take a photo or keep a copy of it on file.

2. Personal information to verify a prospective lessee’s conduct

   To verify the prospective lessee’s conduct in terms of their respect for their fellow lessees and the dwelling entrusted to them, the lessor may only collect the name(s) and/or contact information of the lessor or concierge of the prospective lessee’s previous dwelling(s).

   The future lessee may also demonstrate their good conduct by providing a letter of recommendation from a previous lessor.

3. Personal information to establish a prospective lessee’s payment habits

   To verify the prospective lessee’s payment habits and with their consent, the lessor may:

   • Collect information from current or previous lessors. The lessor may ask for their names and contact information.
   • Carry out a credit check. The lessor only needs the prospective lessee’s full name, address and date of birth. For more information, see the Credit check section.

   In addition, the prospective lessee may provide the lessor with evidence of good payment habits, such as:

   • A credit report from their financial institution
   • A letter of recommendation from a previous lessor
   • Any other document attesting that they honour their obligations from an organization or business of goods and services that requires payments over time (such as Hydro Québec, telecommunications company, etc.)
   • Relevant extracts from their credit report

Assigning a lease

A lessor may collect the same personal information about a potential subletter or lease assignee as they could collect about a prospective lessee.

Examples of personal information that cannot be required

Below are some illustrative examples of personal information that a lessor may not collect.

1. Driver’s licence and licence number

   Someone who holds a licence cannot be required to produce their licence except by a peace officer or the Société d’assurance automobile du Québec.

   However, someone who has a driver’s licence may use their licence as identification and to validate information they have provided, such as their full name, address and date of birth. Collecting the licence number is not necessary for such validation.

2. Health insurance card and number

   The health insurance card may only be required for purposes related to the dispensing of services or the provision of goods or resources in the field of health or social services.

   However, the holder of such a card may use it as identification and to validate their full name and date of birth. Collecting the health insurance card number is not necessary for such validation.

3. Passport

   Similarly, the lessor may ask to see a prospective lessee’s passport to confirm their identity. However, the lessor may not collect the information contained in the passport, nor make a copy of it.

   Evaluation of a prospective lessee’s rental file does not require information about their job, salary, employer’s name and contact information or number of years of employment. The same is true for their vehicle’s make, colour or licence plate number, and the contact information of their financial institution. The lessee may not be required to provide a void cheque.

   The lessor may not refuse a prospective lessee because they did not provide identification document numbers, such as a health insurance number or driver’s licence number.

Credit check

As mentioned above, in order to establish a prospective lessee’s payment habits, a lessor may enlist the services of a personal information agent (commonly called a “credit bureau”).

To do so, the lessor must get the prospective lessee’s consent. Once consent is given, the check may be done using a minimum of personal information. Generally, personal information agents can very efficiently find a personal file in their data banks using only the full name, address and date of birth.

The credit check may be requested by the prospective lessee who will then provide the credit report to the lessor. This may be the case, for example, when the prospective lessee does not consent to the lessor conducting a credit check, or when the personal information agent (credit bureau) is unable to find the correct credit record.

Student or new arrival?

People such as students or newcomers to Québec, who do not have any prior history as lessees or any credit history, still need to provide evidence of good payment habits. In such cases, it is up to the parties involved to determine what legally permissible documents or means will allow the lessor to assess the prospective lessee’s ability to pay, in accordance with current legislation.

Find out more or file a complaint

If someone is asked to provide unnecessary personal information, they may file a complaint with the Commission.

Depending on the circumstances, the Commission may provide the required information to the parties, investigate, or recommend or order the appropriate measures to protect personal information. Note that the Commission does not have the power to order someone to pay damages. It primarily acts to encourage the adoption of practices that better reflect the spirit and letter of the law.

For more information on the protection of personal information in the context of signing a lease, visit the Commission's website.

For more information on the protection of personal information in relation to identification documents, visit the Commission's website.

Contact the Commission:

Telephone: 1 888 528-7741

Email: renseignements@cai.gouv.qc.ca

Website: www.cai.gouv.qc.ca