Illegal Rental Application Questions in Nova Scotia: Tenants' Rights

Looking for the right rental in Nova Scotia shouldn't mean giving up your right to privacy and fair treatment. Whether you’re new to renting or a seasoned tenant, understanding which rental application questions are illegal is crucial. Nova Scotia law protects you from discrimination, and you don’t have to answer—or be denied for refusing to answer—certain personal questions. Knowing your rights can help you confidently navigate the application process.

What Rental Application Questions Are Illegal in Nova Scotia?

Landlords in Nova Scotia must comply with the Nova Scotia Human Rights Act and the Residential Tenancies Act (RTA)¹. These laws prohibit discrimination based on protected personal characteristics. As a result, some questions on a rental application are not allowed.

Topics Landlords Cannot Ask About

• Race, colour, or ethnic background
• Religion, creed, or faith
• Gender identity or gender expression
• Sexual orientation
• Family status, such as whether you have children
• Marital status (single, divorced, separated, widowed, married)
• Disability or mental/physical health
• Age (except to confirm you are the legal age to enter a contract)
• Source of income (e.g., social assistance, employment insurance) except as proof you can pay rent, but landlords may not reject you based on legal sources of income
• Citizenship, nationality, or immigration status (as long as you can legally rent in Canada)

Quick Tip: Landlords can verify information relevant to your ability to pay rent or care for the unit, such as employment or credit checks, but cannot ask about your private life or protected grounds under the Nova Scotia Human Rights Act.

Examples of Illegal Rental Application Questions

If any application includes the following, it is likely illegal in Nova Scotia:

• "Are you pregnant or planning to have children?"
• "What religion do you practice?"
• "What is your marital status?"
• Questions about disability or specific medical conditions
• "Are you receiving social assistance or disability benefits?"
• "Where were you born? What’s your citizenship?"

Landlords may ask if you are over 19 years old (the legal age) or request proof you can pay rent, but they cannot reject your application based on your answers to illegal questions or your refusal to answer them.

What Should Tenants Do If Asked an Illegal Question?

If you are asked an illegal question on a rental application, you have options:

• Politely decline to answer, stating that the question isn’t relevant to your tenancy ability.
• Tell the landlord the question is prohibited under Nova Scotia law.
• Keep a record (copy or photo) of the application in case you wish to make a formal complaint.

Filing a Human Rights Complaint in Nova Scotia

If you believe a landlord has discriminated against you or rejected your application because of an illegal question, you may file a complaint with the Nova Scotia Human Rights Commission or seek advice from the Residential Tenancies Program. Document your experience and keep any relevant written or emailed application forms.

• Nova Scotia Human Rights Complaint Form: Available online via the official website. Use it if you believe you've been discriminated against in housing due to any protected characteristic. The form walks you through required information. For tenants, an example might be filing after being denied a rental for receiving disability benefits. Submit online or by mail following the site instructions.
• Residential Tenancies Application (Form K): For disputes arising after you become a tenant (e.g., if you believe you're being evicted for discriminatory reasons), you may use Form K – Application to the Director of Residential Tenancies. Download, fill out with your issue (such as discrimination), and file with the Residential Tenancies Program office. Learn more on the Residential Tenancies Program website.

How Tenant Screening Should Work

Landlords can check references, verify employment, and confirm your ability to pay rent, but must treat all applicants fairly and equally in accordance with Nova Scotia law. For more about what landlords can request, see Understanding Rental Deposits: What Tenants Need to Know and check the expectations around renting coast to coast via Find rental homes across Canada on Houseme.

Your Rights After Submitting a Rental Application

Once your rental application is accepted and you're offered a tenancy, your rights and the landlord’s responsibilities are covered by the Residential Tenancies Act. For more about what happens after you sign your lease, visit What Tenants Need to Know After Signing the Rental Agreement. If you want a quick overview of tenant and landlord rights in your province, see Tenant Rights and Landlord Rights in Nova Scotia.

FAQ: Illegal Rental Application Questions in Nova Scotia

1. Can a landlord ask if I have children or plan to have children?
   No, this is considered discrimination based on family status and is illegal in Nova Scotia.
2. Is it okay for a landlord to ask where I was born or about my citizenship?
   No, landlords cannot ask about your place of birth or citizenship status if you are legally entitled to rent in Canada.
3. What should I do if a landlord rejects me because I receive social assistance?
   You can file a complaint with the Nova Scotia Human Rights Commission, as this is considered source-of-income discrimination.
4. Are landlords allowed to ask for my SIN (Social Insurance Number)?
   No, providing your SIN is not legally required, and landlords should not insist on it. They may ask for other forms of identification instead.
5. If I’ve been asked an illegal question, can I still get the apartment if I refuse to answer?
   You have the right to refuse to answer illegal questions; landlords may not deny your application because of it. If you feel you have been discriminated against, you may file a complaint.

Need Help? Resources for Tenants

• Nova Scotia Human Rights Commission – Guidance, complaints, general advice: 1-877-269-7699
• Nova Scotia Residential Tenancies Program – Tenancy forms, disputes, tenant support
• Legal Information Society of Nova Scotia – Free legal information and referrals for tenants
• Find rental homes across Canada on Houseme – Browse secure listings and resources for tenants nationwide

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1. See: Nova Scotia Human Rights Act; Residential Tenancies Act

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