Keep an eye on your inboxes: Alberta’s government is proposing changes to allow landlords to send rent increase and eviction notices via email, social media, and text.
Alberta’s Red Tape Reduction Statutes Amendment Act, tabled earlier this week in the legislature, includes amendments to the Residential Tenancies Act that would expand the definition of “electronic communications” which can be used to send legal notices, orders, or documents.
The Residential Tenancies Act currently requires documents be served personally, by registered mail, by posting the notice in a conspicuous place on the property, or should these methods be unavailable, by fax.
Minister of Service Alberta and Red Tape Reduction Dale Nally said the expanded definition of electronic communications in the Act isn’t meant to replace personal delivery or registered mail but adds options if a landlord or tenant can’t be reached.
"Electronic service like email will only be permitted as an alternative when these traditional methods have proven ineffective,” Nally said at a press conference on Feb. 26.
Nally said he couldn’t list the types of communication the amendment includes, as the amendment "deliberately kept the legislation open on this” so as other communication forms become available, they can be included.
“What the requirement is, is we want something that has a date stamp or a read receipt. So social media, for example, wouldn't apply. But certainly, email would. Tenant Portal, which a lot of landlords have, those type of things."
Nally’s office clarified the law doesn’t specify exactly what electronic methods can be used, but as long as the tenant or landlord is using an electronic address that the other party provided, and the service is in a format that can be accessed at a later date, it is considered acceptable.
“Email is the most common method, but social media or text messages could also work, as long as the recipient agreed to them and other methods have failed,” Brandon Aboultaif, press secretary to minister Nally.
“If the person who was supposed to receive the notice disputes it, the courts or (Residential Tenancy Dispute Resolution Service) will decide if the service was valid.”
