What tenants, condo owners and landlords can do about radon, what tenancy tribunals have decided, and how apartments and whole buildings get tested.
Photo: Dillan Payne, CC BY-SA 4.0, cropped, via Wikimedia Commons.
5
tribunal decisionsDecisions from Ontario and Quebec tenancy tribunals, listed by Health Canada, that found radon above the guideline breached the landlord's duty to keep the unit in good repair in the cases before them. One is from Ontario and four are from Quebec.
No radon-specific law in Canada requires a rental home to be tested. Tenancy law in every province and territory requires rental housing to be habitable and in good repair. In five decisions, tenancy tribunals in Ontario and Quebec held that radon above Health Canada’s guideline breached that duty. If you rent, you can test your own unit with a long-term test. Find the tenancy rule for your province.
In five decisions, tenancy tribunals in Ontario and Quebec held that radon above Health Canada’s guideline of 200 Bq/m³ breached the landlord’s duty to keep rental housing habitable and in good repair.
Health Canada notes that tenants are also protected by occupiers’ liability law, which gives a right to sue for damages where unsafe premises cause an injury such as lung cancer. Health Canada’s action guide for provinces and territories names rental homes as a jurisdictional gap they must fill. Protections for tenants vary by province.
In British Columbia, a known radon level of 200 Bq/m³ or more is a material latent defect, meaning a hidden defect. The BC Financial Services Authority (BCFSA), the real estate regulator, requires licensees to disclose it to buyers and tenants. Property managers in British Columbia and Alberta have checklists that require them to disclose known levels over 200 Bq/m³. See what Canadian law requires overall.
You can test your own unit by following Health Canada’s guide for homes. Use a long-term test, which runs for at least 91 days. Testing several units at once follows a different guide.
91
daysMinimum length of a long-term radon test; anything shorter is a short-term test. Health Canada recommends testing for 3 to 12 months, with at least 91 days in the heating season.
See how to run a long-term test in your unit.
In the 2024 survey, radon was higher below ground than above it, on average. The geometric mean, a type of average, was 89.9 Bq/m³ below ground, 68.8 Bq/m³ at ground level and 54.4 Bq/m³ above ground.
These figures describe the whole population of homes tested. They are not a rule for any one home. Only a test of your unit gives its level. See which kit gives a long-term result.
When several units or a whole building are tested, Health Canada’s guide for public buildings applies. Its protocols differ from the ones for a single home. The homes guide is for one unit tested on its own. See how whole buildings are tested.
For a newly built Ontario condominium under Tarion, the unit owner tests the unit. The condominium corporation tests the common elements. See what a new building’s code and warranty cover.