The Yukon Party has asked the Liberals why they’re offering a review of the policy in the Confidence and Supply Agreement (CASA) that bans no-cause evictions – when they’ve already committed to the outcome. 

Following the renewed signing of the CASA on Jan. 31, one of the new commitments implemented by the government is a ban on no-cause evictions that will be reviewed by June. 

“If you’re committing to an outcome, prior to a review of the act, what’s the point of even doing the review?” Currie Dixon, the leader of the Yukon Party, asked reporters last Tuesday.

Why ask people what they think about no-cause evictions if you’ve already determined you’re going to legislate a ban?”

The ban comes after an unforeseen issue with the first CASA agreement which installed a cap that limits rent increases to the same rate as inflation.

Since the rent cap was damaging to some landlords’ income, some found a way around the cap through no-cause evictions, the NDP has pointed out.

No-cause evictions enabled landlords to evict tenants at their will in order to charge the next tenants higher rents. 

During question period, MLA Brad Cathers brought up concerns the Yukon Party had with the CASA. 

“One of the most contentious aspects of the Confidence and Supply Agreement between the Liberals and the NDP is the imposition of a ban on so-called ‘no-cause evictions,’” Cathers said.

“We have heard from landlords who are wondering what the point of even participating in the act’s review is when the government has already predetermined the outcome — that this clause would be added to the act no matter what they say,” he said. 

Richard Mostyn, the minister of Community Services, said he is committed to working with landlords, tenants and other stakeholders when rewriting the act. 

“Our government has been up-front about the importance of consultation, and we have undertaken dozens, if not hundreds, of consultations since we began because we have to inform ourselves about some of the pitfalls and benefits that we can do through putting an initiative forward,” Mostyn told the assembly. 

He also said stakeholder engagement is extremely important to the government as that was not done under the previous Yukon Party government. 

To reporters, Mostyn said the government is planning on legislating a ban on no-cause evictions. “We’ve passed an order-in-council. To get us to the legislative review.

“I’ve been clear from the very start. I believe that the act is out of balance and we have to bring new rules in place and I actually do something I’ve advocated for a long time. And so now, with the new CASA, we have agreed to do a legislative review,” said Mostyn.   

Cathers went on to say that consulting after a decision has been made makes a “mockery of the whole process.”

The Yukon Party said it has heard from landlords, tenants, and others affected by the policy – and the results were not positive. 

The official Opposition party is concerned for the future of housing and private investment in the area as it feels the new ban will drive landlords out of the territory. 

“According to both the White-horse and Yukon chambers of commerce, this is a big concern for the business community.

“Here is what they said (in February): ‘We are concerned that this environment of weakening property rights will create a barrier to new private investment into the territory.

“As a result, there may be a shift in Yukon businesses and entrepreneurs investing their capital outside of our territory,’” said Cathers. 

Cathers said the Liberals have promised this to keep the NDP on board, and he asked why the legislation would be permanent.

Dixon said fewer landlords and fewer rental units is bad for the housing market and for owners who rent. 

“We need more landlords, not fewer. We need more rental units.

“We need more people wanting to become landlords, wanting to have rental units on the market because that provides rental housing for Yukoners,” Dixon added.

“We need to see the environment and conditions that are conducive to investment in rental units. 

“Why even bother  asking people to consult on this issue when you’ve already predetermined the outcome, and it’s already been committed in the Confidence and Supply Agreement to legislate?” he asked reporters. 

In response to Cathers’ question, Mostyn called it a “hypothetical” one. 

“No decision has been taken. We are rewriting — we are doing a full review of the act,” said Mostyn.

“We will commence that work in the coming months — in June. So, in the next six or eight weeks is when that begins, as per the Confidence and Supply Agreement.”

Mostyn said to reporters that the reviews and consultations are important to decide on a balanced act. 

“What I heard this afternoon was the official Opposition saying there’s no point in landlords participating in our review. And I really find that very discouraging.

“Reviews, public consultations; important to decide all the information we need to bring an act that’s balanced, that balances the needs of tenants and landlords.

“And that’s really what I’m seeking through this review to bring a modern piece of legislation,” Mostyn said. 

The CASA the government has formed with the NDP is set to immediately eliminate no-cause evictions and instead allow evictions based on reasonable grounds. The clause will be legislated into the Residential Landlord and Tenant Act following the review.