P.E.I. government seeks ban on enforcement of evictions amid COVID-19 emergency

P.E.I.'s Justice and Public Safety Department has asked the courts to ban enforcement of all rental evictions in the province, in light of the COVID-19 pandemic.

In an application filed in P.E.I. Supreme Court, the province says the order is necessary "to protect the health and safety of persons to be evicted from their residences … sheriffs whose responsibilities include enforcing eviction orders and executing writs of possession, and to help contain and prevent the spread of the 2019 novel coronavirus."

The legal application said right now, sheriffs have no right to refuse to deliver eviction orders or enforce them.

In making the request, the province said the freeze would remain in place "for the duration of the period in which the court is only hearing urgent and emergency matters." It would also cover all eviction notices that have already been issued but not executed.

The ban would remain in place until regular court operations resume.

Evictions 'impractical'

Under the current Rental of Residential Property Act, a tenant must leave the property within 20 days of being served an eviction notice. After getting the notice, a tenant has 10 days to appeal to the director of residential rental property.

The application to the courts said it's impossible for sheriffs to deliver and enforce the orders and maintain physical distancing of two metres as recommended by P.E.I.'s chief public health officer.

"Sheriffs do not have the training or access to information or testing resources that could enable them to determine with any certainty whether a person subject to eviction or writ of possession from their residence is infected with COVID-19," said Clare Henderson, director of family law and court services with the province, in an affidavit included in the application to the court.

The province's application will be heard in P.E.I. Supreme Court this Wednesday at 1:30 p.m. by phone.

I have a little bit of a cushion. My tenants don't.​​​​​— Wade Beaton, landlord

In an email to CBC, the Office of the Director of Residential Rental Property said it supports this action by the province. It also announced Monday that it would be suspending all hearings for non-payment of rent, including eviction hearings, unless they are urgent.

The commission is encouraging tenants who can't pay their rent to work with their landlords to come up with a solution.

Tenants need to register their objection

In a news release, the rental office said that even though there won't be any rental hearings, if a tenant gets an eviction notice, they need to contact the office to register their objection. This must be done as early as within 10 days if it's for non-payment of rent. Otherwise, the office said, the tenant is considered to be agreeing to the eviction.

Tenants can call 902-892-3501 or email [email protected] to get help to register that they are contesting the eviction notice. The office told CBC its staff will help tenants with this process.

Last week, Minister of Social Development and Housing Ernie Hudson said the province was suspending evictions by the P.E.I. Housing Corporation for six weeks, including eviction notices that have already been served.

On Monday, he added that the province would be extending that moratorium to the end of June.

Hudson also announced a $1 million Temporary Rental Assistance Benefit to help Islanders who can't come up with their rent payment because of COVID-19. For more information, call the government's toll-free number at 1-877-368-5770.

Landlord supports move

Wade Beaton, a landlord with three properties in Alexandra, P.E.I., said he thinks the province's move to halt evictions is a good step.

"We have a really low occupancy rate here, but everybody is in the same boat," he said.

"Nobody is going to move out of their current place, into another place willingly, knowing they don't have any security doing so."

Beaton waived his tenants' rent for the month of April, but said it's unlikely he'll be able to do the same for May.

"I'm at the beginning of a 20-year mortgage. My entire mortgage is interest," he said.

"The big banks offered a deferment, but only on principal so I still have to make 98 per cent of my payment."

Beaton said he's going to work with his tenants to come up with a solution, but said if more supports were in place for renters, landlords wouldn't be caught in this situation.

"I have a little bit of a cushion. My tenants don't," he said.

"We're at the beginning of this so as a community we need to work together."

COVID-19: What you need to know

What are the symptoms of COVID-19?

Common symptoms include:

• Fever.
• Cough.
• Tiredness.

  But more serious symptoms can develop, including difficulty breathing and pneumonia, which can lead to death.

  Health Canada has built a self-assessment tool.

  What should I do if I feel sick?

  Isolate yourself and call 811. Do not visit an emergency room or urgent care centre to get tested. A health professional at 811 will give you advice and instructions.

  How can I protect myself?

• Wash your hands frequently and thoroughly.

• Avoid touching your eyes, nose and mouth.

• Clean regularly touched surfaces regularly.

• Practise physical distancing.

More detailed information on the outbreak is available on the federal government's website.

More COVID-19 stories from CBC P.E.I.