Illegal Rental Application Questions in Saskatchewan: What Tenants Need to Know

When searching for a rental in Saskatchewan, tenants may be asked to fill out application forms. While landlords can seek certain information to determine a good fit, there are strict rules under Saskatchewan law about which questions are off-limits. This article explains what rental application questions are illegal in Saskatchewan and what you can do if you experience discrimination.

Who Regulates Tenant Rights in Saskatchewan?

The Office of Residential Tenancies (ORT) is the official board handling residential tenancies in Saskatchewan. The law that governs these issues is the Residential Tenancies Act, 2006.^[1] The ORT provides guidance, resources, and complaint procedures for tenants facing discrimination or other tenancy issues.

Understanding Illegal Questions on Rental Applications

Landlords in Saskatchewan can ask for basic information to assess if you are a good tenant—such as your name, employment status, or references—but the law prohibits questions that infringe on your protected rights.

According to the Saskatchewan Human Rights Code (see the Code here), landlords cannot ask questions that directly or indirectly lead to discrimination based on:

• Race, colour, or ethnic origin
• Religion or creed
• Sex, gender identity, or sexual orientation
• Age (except for seniors-only housing)
• Marital or family status
• Disability or health condition
• Receipt of public assistance/social assistance
• Nationality or place of origin

Example of Illegal Questions:

• "Do you plan to have children?"
• "What is your religion?"
• "What country were you born in?"
• "Are you receiving social assistance?"

Even if a landlord asks in a friendly way, these questions are not allowed during the rental application process.

What Can Landlords Ask?

Landlords can request information that directly relates to your ability to pay rent or maintain the property, such as:

• Proof of income/employment
• Previous landlord references
• Credit checks (with your written consent)
• Number of occupants

Application Deposits and Fees

Landlords are permitted to ask for a security deposit, but not a fee just to process your application. Learn more in Understanding Rental Deposits: What Tenants Need to Know.

Discrimination in Practice: What Should Tenants Watch For?

Some landlords may use subtle or indirect questions to gather protected details, such as:

• "Will your spouse be living with you?" (related to marital/family status)
• "What religion are the holidays you celebrate?"
• "Do you have a disability that would require accommodations?"

If you notice such questions or feel uncomfortable, you are not required to answer.

Tip: If you believe a landlord is discriminating, keep detailed notes and copies of all correspondence. This record could be important if you choose to take action.

What To Do If You Experience Discrimination on a Rental Application

If you are asked illegal questions or denied housing for a discriminatory reason, you can make a formal complaint to the Saskatchewan Human Rights Commission (SHRC) or the Office of Residential Tenancies. Here are the general steps:

• Document the questions or comments you received
• Contact the SHRC by phone, email, or using their online form
• Follow the SHRC's instructions to complete your discrimination complaint

The most commonly used form is the “Complaint Form” from the Saskatchewan Human Rights Commission. It is used if you believe you have been discriminated against in housing:

• Form Name: Discrimination Complaint Form
• Where to Get It: Download official Complaint Form (PDF)
• How to Use: Fill out your contact info, details about the discriminatory incident (such as an illegal question), and submit it via mail, fax, or in person to the SHRC. For example, if you were asked about your religion or marital status on a rental application, describe this on the form, stating the date and context.

Your Rights After Moving In

If you face discrimination or illegal questions after becoming a tenant, know that Obligations of Landlords and Tenants: Rights and Responsibilities Explained protect you throughout your tenancy.

Saskatchewan tenants are protected from discrimination at all stages of renting—application, during tenancy, and at renewal or termination. For a bigger picture of your rights, see Tenant Rights and Landlord Rights in Saskatchewan.

Looking to explore safe, equitable rental listings? Explore rental homes in your area with Houseme’s trusted national platform.

Frequently Asked Questions (FAQ)

1. What types of questions can a Saskatchewan landlord legally ask on a rental application?
   Landlords can ask about your ability to pay rent, your employment status, references, previous rental history, and the number of occupants. They cannot ask about protected characteristics such as race, religion, disability, or marital status.
2. Is it legal for a landlord to ask about my immigration status or country of origin?
   No, questions about your nationality, citizenship, or where you were born are not permitted under the Saskatchewan Human Rights Code.
3. What should I do if I’m asked an illegal question on a rental application?
   Politely decline to answer, make a note of the question, and consider filing a complaint with the SHRC using their online or paper forms.
4. Can a landlord refuse to rent to me because my income comes from social assistance?
   No. Refusing to rent based on the source of lawful income, including social assistance, is illegal in Saskatchewan.
5. Where can I file a formal complaint about discrimination in renting?
   You can file with the Saskatchewan Human Rights Commission using their official complaint form, or contact the Office of Residential Tenancies for tenancy-related issues.

Key Takeaways for Saskatchewan Tenants

• Landlords cannot ask rental application questions related to personal characteristics protected by the Saskatchewan Human Rights Code.
• If asked an illegal question, tenants have the right to decline and may report discrimination to the appropriate board or commission.
• Learning about your rights ensures a fair rental process and helps create more inclusive communities.

Need Help? Resources for Tenants

• Saskatchewan Human Rights Commission – File discrimination complaints and access tenant rights resources
• Office of Residential Tenancies (ORT) – Provincial board for tenancy disputes and inquiries
• Tenant Rights and Landlord Rights in Saskatchewan

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1. Residential Tenancies Act, 2006 (SK) – View the Act
2. Saskatchewan Human Rights Code – Download official copy
3. Office of Residential Tenancies (SK) – Board for tenancy matters
4. Saskatchewan Human Rights Commission – File a complaint

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