Bill 96, Tenant Protection Act, 1996

Leach, Hon. Allan F. Minister of Municipal Affairs and Housing

Versions

Tenant Protection Act, 1996

EXPLANATORY NOTE

The Bill replaces the Rent Control Act, 1992, Part IV of the Landlord and Tenant Act, the Rental Housing Protection Act, the Municipal Amendment Act, (Vital Services), 1994, the Land Lease Statute Law Amendment Act, 1994 and the Residents' Rights Act, 1994. While disputes under the Landlord and Tenant Act are currently heard by the courts, under the Bill these matters, as well as rent applications, will be determined by members of the Ontario Rental Housing Tribunal appointed under the Act.

PART I

INTRODUCTION

Part I provides that the Bill generally applies to all rental units in residential complexes. The principal exceptions are newly built residential complexes, government owned and non-profit housing units financially supported by the federal and provincial governments, which are generally subject to the provisions of the Bill dealing with security of tenure and rights and obligations of landlords and tenants, but are partially exempt from the rent rules.

Part I also defines certain terms and provides for an application to the Tribunal for an order determining whether the Act applies to a rental unit or residential complex.

PART II

RIGHTS AND DUTIES OF LANDLORDS AND TENANTS

Part II sets out the rights and obligations of landlords and tenants regarding their relationship, except the right to security of tenure, which is addressed in Part III. The rights and obligations of landlords and tenants in care homes, mobile home parks and land lease communities are addressed in more detail in Parts IV and V.

The rights and obligations of landlords and tenants were formerly set out in the Landlord and Tenant Act. Changes to those provisions include clarification of those situations in which a landlord may enter a rental unit, modification of the provisions respecting the tenant's right to assign or sublet a rental unit to reflect the new rules concerning the amount of rent that may be charged to a new tenant, procedures forlandlords to follow on death of a tenant or abandonment of a rental unit and enhanced anti-harassment prohibitions.

This Part also sets out the applications available for tenants and landlords to enforce rights given under the Part.

PART III

SECURITY OF TENURE AND TERMINATION OF TENANCIES

Part III provides that the right of tenants to security of tenure is continued and sets out the procedures for terminating a tenancy.

This Part also contains provisions requiring landlords to provide to tenants of rental units which the landlord has converted or intends to convert to condominium, lifetime protection against being evicted for personal possession by the owner. The Part also provides for compensation or an offer of alternate accommodation where termination of the tenancy is for the purpose of renovation or repair, demolition or conversion to a non-residential use.

Part III sets out the applications available to terminate a tenancy and evict a tenant, as well as those available to obtain an order for payment of arrears of rent, or compensation for damage to the rental unit or complex.

PART IV

CARE HOMES

Part IV contains the rights and duties of landlords and tenants in care homes. The Part includes a requirement that tenancy agreements in care homes be in writing and that tenants have the right to cancel the agreement within five days after agreeing. There is also a provision allowing landlords to enter a rental unit in a care home at regular intervals to check the tenant's condition if the tenancy agreement requires the landlord to do so, although such a provision may be unilaterally revoked by the tenant.

A landlord may apply to the Tribunal for an order transferring a tenant out of a care home if the tenant no longer requires the level of care provided by the landlord or the tenant requires a level of care that the landlord is not able to provide, but an order may be made only if the Tribunal is satisfied that appropriate alternate accommodation is available for the tenant and the tenant's care needs cannot be met by community based services provided to the tenant in the care home.

Finally, this Part sets out special rules related to rent and charges for care services and meals.

PART V

MOBILE HOME PARKS AND LAND LEASE COMMUNITIES

Part V sets out the rights and duties of landlords and tenants in mobile home parks and land lease communities. Changes to these provisions include a prohibition against landlords preventing tenants who own mobile homes from placing a sign in the window that the home is for sale, unless the landlord provides alternative means of advertising. Other changes include procedures to be followed when mobile homes are abandoned, and modified rent rules related to the pass through of capital expenditures required to be carried out by public agencies. There are also special rules that apply with respect to the rent increase that may be taken when a person becomes a new tenant. In this case, the rent cannot be increased by more than the prescribed amount.

PART VI

RULES RELATING TO RENT

Part VI sets out rules relating to rent. Under the changed rules governing the determination of lawful rent, landlords are still entitled to increase the rent charged to a tenant by the guideline amount without applying to the Tribunal, if a 90-day notice of rent increase has been given and 12 months have passed since the last increase or since the tenant first occupied the unit. For increases above the guideline, landlords may apply to the Tribunal in the case of an extraordinary increase in the cost for municipal taxes and charges or utilities or both and capital expenditures for the complex or units. No order with respect to capital expenditures may exceed 4 per cent of the last lawful rent for the rental unit. Where the justified increase exceeds that amount it may be carried forward in future years until taken in full.

However, these restrictions do not apply when a new tenant occupies a rental unit; in that case the landlord and tenant may negotiate the rent. Orders made by the Tribunal will not apply to a new tenant if the tenancy agreement took effect on or after the day that is 90 days before the first effective date of the order. Once the tenant is in place, the normal rent rules apply.

The Bill also provides for agreements between a landlord and tenant to a rent increase if the landlord has carried out or will carry out capital expenditures or the landlord has provided or will provide a new or additional service in return for the rent increase.

Where the rent charged for a rental unit is less than the maximum rent, as defined in the Rent Control Act, 1992, the rent may be increased up to the maximum rent for tenants who have lived in the unit since at least the day this Act is proclaimed.

Tenants continue to have the right to apply to the Tribunal for reduction in rent due to reduction in services or taxes, or for the return of money collected illegally.

PART VII

VITAL SERVICES AND MAINTENANCE STANDARDS

Part VII contains provisions formerly found in the Municipal Amendment Act, (Vital Services) 1994. These provisions allow municipalities to pass by-laws requiring landlords to provide suitable vital services to rental units and prohibiting them from ceasing to provide them. Where a landlord fails to provide such services as required by the by-law, the municipality may arrange for the service to be provided and to recover the cost as a lien against the residential complex.

Part VII also establishes provincial maintenance standards for residential complexes in unorganized territories and in municipalities where no property standards by-laws apply to them.

These standards will be enforced by the Minister of Municipal Affairs and Housing who will receive and investigate tenant complaints and may cause an inspection to be made. The Minister may charge a municipality for the costs associated with such an inspection.

Where an inspection reveals non-compliance with the maintenance standards, the inspector may issue a work order requiring the landlord to comply. A landlord who is not satisfied with the terms of such a work order may apply to the Tribunal for a review of the work order.

PART VIII

ONTARIO RENTAL HOUSING TRIBUNAL

This Part establishes the Ontario Rental Housing Tribunal, the members of which will be appointed by the Lieutenant Governor in Council. The Tribunal will adopt rules of practice and procedure and may also adopt guidelines which will be available to the public.

The Tribunal is required to file an annual report with the Minister of Municipal Affairs and Housing.

The Tribunal may charge fees for applications, for furnishing copies of documents and for other services.

PART IX

PROCEDURE

Part IX sets out the procedural rules to be followed in all proceedings under the Act.

The Tribunal may try to mediate a settlement of any application if the parties consent. A settlement mediated by the Tribunal may contain provisions that contravene the Act, with the exception that rent increases for rental units that are not mobile homes or land lease homes may not exceed the greater of the maximum rent and the sum of the guideline amount plus 4 per cent of the previous year's rent.

The Tribunal may require a respondent to pay a specified sum into the Tribunal where it considers it appropriate to do so.

The Statutory Powers Procedure Act applies to all proceedings before the Tribunal.

The Tribunal may issue a default order without holding a hearing where a claim is not disputed in the following types of applications:

1. An application to terminate a tenancy or to evict a person.

2. A landlord's application for arrears of rent, compensation, damages or for the payment of money as a result of misrepresentation of income.

3. A tenant's application for return of money illegally collected.

4. A tenant's application claiming that a landlord unreasonably withheld consent to an assignment or subletting of a tenancy agreement.

A motion may be made to the Tribunal to set aside the default order.

The Tribunal may order the payment of money up to $10,000 or the monetary jurisdiction of the Small Claims Court in the area where the residential complex is located, whichever is greater.

There is a right of appeal of the Tribunal's order to the Divisional Court on a question of law.

PART X

GENERAL

Part X sets out administration and enforcement provisions including provisions related to powers of entry, search and seizure, offences and regulation-making powers.

Alleged offences will be investigated by investigators appointed by the Minister of Municipal Affairs and Housing. The offences under the Bill include unlawfully entering a rental unit, furnishing false or misleading information, charging rent in an amount greater than permitted, coercing a tenant to sign an agreement to increase the rent, withholding a vital service, harassing a tenant and unlawfully terminating a tenancy.

PART XI

MISCELLANEOUS

This Part sets out complementary amendments to other Acts in relation to residential tenancies together with transitional and commencement provisions.

This Part also contains an amendment to the Human Rights Code to provide for regulation making power to set out the practices that a landlord may employ to determine the credit worthiness of a tenant.

Part XI also amends various statutes to transfer the powers respecting municipal property standards by-laws currently found in section 31 of the Planning Act to the Building Code Act, 1992. This change and others consequent upon it will enhance the effectiveness of enforcement of property standards by-laws.

Bill 961996

An Act to Consolidate and Revise

the Law with respect to Residential Tenancies

CONTENTS

PART I

INTRODUCTION

1. Definitions

2. Application of Act

3. Exemptions from Act

4. Exemptions from rules relating to rent

5. Exemptions related to social, etc., housing

6. Part VI not applied, rent geared to income

7. Application to determine issues

PART II

RIGHTS AND DUTIES OF LANDLORDS AND TENANTS

TENANCY AGREEMENTS

8. Name and address in written agreement

9. Commencement of tenancy

10. Frustrated contracts

11. Covenants interdependent

12. Covenants running with land

13. Minimize losses

14. Acceleration clause void

15. "No pet" provisions void

16. Provisions conflicting with Act void

ASSIGNMENT AND SUBLETTING

17. Assignment of tenancy

18. Subletting rental unit

ENTRY INTO RENTAL UNIT OR RESIDENTIAL COMPLEX

19. Privacy

20. Entry without notice, emergency, consent

21. Entry with notice

22. Entry by canvassers

23. Changing locks

ADDITIONAL RESPONSIBILITIES OF LANDLORD

24. Landlord's responsibility to repair

25. Landlord's responsibility re services

26. Landlord not to interfere with reasonable enjoyment

27. Landlord not to harass, etc.

ADDITIONAL RESPONSIBILITY OF TENANT

28. Cleanliness

ENFORCEMENT OF RIGHTS UNDER THIS PART

29. Distress abolished

30. Tenant applications

31. Order re assignment, sublet

32. Order, repair, comply with standards

33. Order, subs. 30 (1), pars 3 to 7

34. Locking systems, landlord application re: alteration

35. Locking systems, order

HUMAN RIGHTS CODE

36. Selecting prospective tenants

PART III

SECURITY OF TENURE AND TERMINATION OF TENANCIES

SECURITY OF TENURE

37. Tenancy terminated

38. Deemed renewal where no notice

39. Restriction on recovery of possession

40. Disposal of abandoned property, tenant vacates unit

NOTICE OF TERMINATION -

GENERAL PROVISIONS

41. Notice of termination

42. Where notice void

43. Compensation when rental unit not vacated

NOTICE OF TERMINATION BY TENANT -

END OF PERIOD OR TERM OF TENANCY

44. Notice to terminate tenancy, end of period or term

45. Period of notice, daily or weekly tenancy

NOTICE BY TENANT FOR TERMINATION

ASSIGNMENT OF TENANCY REFUSED

46. Notice by tenant

DEATH OF TENANT

47. Death of tenant

48. Landlord may dispose of property

NOTICE BY LANDLORD FOR TERMINATION

AT END OF PERIOD OR TERM

49. Notice, landlord personally, etc., requires unit

50. Where purchasing landlord personally requires unit

51. Notice, demolition, conversion or repairs

52. Conversion to condominium, security of tenure

53. Compensation, demolition or conversion

54. Tenant's right of first refusal, repair or renovation

55. Tenant's right to compensation, repair or renovation

56. Tenant's right to compensation, severance

57. Notice end of term, additional grounds

NOTICE BY LANDLORD FOR TERMINATION

BEFORE END OF PERIOD OR TERM

58. Non-payment of rent

59. Termination for cause, illegal act

60. Termination for cause, damage

61. Termination for cause, reasonable enjoyment

62. Termination for cause, too many persons

63. Notice of termination, further contravention

SUPERINTENDENT'S PREMISES

64. Superintendent's premises

APPLICATION TO TRIBUNAL BY LANDLORD -

LANDLORD HAS GIVEN NOTICE OF TERMINATION

65. Application by landlord

66. Landlord personally requires premises

67. Demolition, conversion, repairs

68. Non-payment of rent

69. Illegal act or misrepresentation of income

70. Notice gives 7 days to correct

71. Immediate application

APPLICATION TO TRIBUNAL BY LANDLORD -

LANDLORD HAS NOT GIVEN NOTICE OF TERMINATION

72. Agreement to terminate, tenant's notice

73. Abandonment of rental unit

74. Landlord may dispose of property, abandoned unit

75. Superintendent's premises

76. Unauthorized occupancy

LANDLORD OR TENANT APPLICATION

OVERHOLDING SUBTENANT

77. Overholding subtenant

EVICTION ORDERS

78. Effective date of order

79. Power of Tribunal, eviction

80. Effect of eviction order

OTHER LANDLORD APPLICATIONS

81. Arrears of rent

82. Compensation for damage

83. Compensation, misrepresentation of income

OTHER TENANT NOTICES AND APPLICATIONS

84. Compensation, overholding subtenant

85. Tenant's notice, application re subtenant

PART IV

CARE HOMES

RIGHTS AND DUTIES OF LANDLORDS AND TENANTS

86. Agreement required

87. Information to tenant

88. Tenancy agreement: right to consult

89. Entry check condition of tenant

90. Assignment, subletting in care homes

91. Termination, care homes

92. Notice of termination, demolition, conversion

or repairs

TRANSFERRING TENANCY

93. Application

RULES RELATED TO RENT

94. Rent in care home

95. Notice of increased charges

96. Certain charges permitted

PART V

MOBILE HOME PARKS AND LAND LEASE COMMUNITIES

INTERPRETATION

97. Part applies to land lease communities

98. Interpretation

RIGHTS AND DUTIES OF LANDLORDS AND TENANTS

99. Tenant's right to sell, etc.

100. Landlord's right of first refusal

101. For sale signs

102. Restraint of trade prohibited

103. Responsibility of landlord

TERMINATION OF TENANCIES

104. Mobile home abandoned

105. Death of mobile home owner

106. Extended notice of termination, special cases

RULES RELATED TO RENT

107. New tenant

108. Entrance and exit fees limited

PROCEEDINGS BEFORE THE TRIBUNAL

109. Increased capital expenditures

PART VI

RULES RELATING TO RENT

GENERAL RULES

110. Security deposits, limitation

111. Rent deposit may be required

112. Post-dated cheques

GENERAL RULES CONCERNING AMOUNT OF RENT CHARGED

113. Landlord not to charge more than lawful rent

114. Landlord's duty, rent increases

LAWFUL RENT

115. Lawful rent when this Act comes into force

116. New tenant

117. Assignment without consent

118. 12-month rule

119. Notice of rent increase required

120. Deemed acceptance where no notice of termination

GUIDELINE

121. Guideline increase

AGREEMENTS TO INCREASE, DECREASE RENT

122. Agreement

123. Tenant application

124. Additional services, etc.

125. Coerced agreement void

126. Decrease in services, etc.

ADDITIONAL GROUNDS FOR RENT INCREASE

127. Increase to maximum rent

LANDLORD APPLICATION FOR RENT INCREASE

128. Increased operating costs, capital expenditures

129. Two ordered increases, not taken together

ILLEGAL ADDITIONAL CHARGES

130. Additional charges prohibited

131. Rent deemed lawful

APPLICATIONS TO TRIBUNAL BY TENANT

132. Reduction in rent, reduction in services

133. Reduction in rent, reduction in taxes

134. Money collected illegally

PART VII

VITAL SERVICES AND MAINTENANCE STANDARDS

VITAL SERVICES

135. Definitions

136. By-laws respecting vital services

137. Notice by supplier

138. Inspection

139. Services by municipality

140. Appeal

141. Payments transferred

142. Use of money

143. Immunity

MAINTENANCE STANDARDS

144. Application of prescribed standards

145. Inspector's work order

146. Review of work order

PART VIII

ONTARIO RENTAL HOUSING TRIBUNAL

147. Tribunal established

148. Composition

149. Chair and vice-chair

150. Quorum

151. Conflict of interest

152. Power to determine law and fact

153. Members, mediators not compellable

154. Rules and Guidelines Committee

155. Information on rights and obligations

156. Employees

157. Professional assistance

158. Annual Report

159. Tribunal may set, charge fees

160. Fee refunded, review

PART IX

PROCEDURE

161. Expeditious procedures

162. Form of application

163. Combining applications

164. Parties

165. Service of application

166. Tribunal may extend, shorten time

167. File dispute

168. How notice or document given

169. How notice or document given to Tribunal

170. Time

171. Tribunal may mediate

172. Money paid to Tribunal

173. Where Tribunal may dismiss

174. SPPA applies

175. Applications joined

176. Amend application

177. Other powers of Tribunal

178. Findings of Tribunal

179. Conditions in order

180. Order payment

181. Default orders

182. Monetary jurisdiction of Tribunal

183. Order final, binding

184. Appeal rights

185. Tribunal may appeal Court decision

186. Substantial compliance sufficient

187. Contingency fees, limitation

PART X

GENERAL

ADMINISTRATION AND ENFORCEMENT

188. Duties of Minister

189. Delegation

190. Investigators and inspectors

191. Entry and inspection

192. Search warrant

193. Protection from personal liability

OFFENCES

194. Offences

195. Proof of filed documents

REGULATIONS

196. Regulations

PART XI

MISCELLANEOUS

AMENDMENTS, REPEALS AND TRANSITIONAL PROVISIONS

RELATED TO RESIDENTIAL TENANCIES

197. Condominium Act

198. Consumer Reporting Act

199. Co-operative Corporations Act

200. Human Rights Code

201. Landlord and Tenant Act

COMMERCIAL TENANCIES ACT

202. Land Titles Act

203. Mortgages Act

204. Municipal Act

205. Ontario Home Ownership Savings Plan Act

206. Rent Control Act, 1992

207. Rental Housing Protection Act

208. Residential Complex Sales Representation Act

209. Settled Estates Act

210. Toronto Islands Residential Community Stewardship

Act, 1993

TRANSITIONAL

211. Transitional provisions

AMENDMENTS AND REPEALS RELATED TO

MUNICIPAL PROPERTY STANDARDS BY-LAWS

212. Building Code Act, 1992

213. County of Oxford Act

214. Planning Act

215. Regional Municipalities Act

COMMENCEMENT AND SHORT TITLE

216. Commencement

217. Short title

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

PART I

INTRODUCTION

Definitions

1. (1) In this Act,

"care home" means a residential complex that is occupied or intended to be occupied by persons for the purpose of receiving care services, whether or not receiving the services is the primary purpose of the occupancy; ("maison de soins")

"care services" means, subject to the regulations, health care services, rehabilitative or therapeutic services or services that provide assistance with the activities of daily living; ("services en matière de soins")

"guideline", when used with respect to the charging of rent, means the guideline determined under section 121; ("taux légal")

"land lease community" means the land on which one or more occupied land lease homes are situate and includes the rental units and the land, structures, services and facilities of which the landlord retains possession and that are intended for the common use and enjoyment of the tenants of the landlord; ("zone résidentielle à baux fonciers")

"land lease home" means a dwelling, other than a mobile home, that is a permanent structure where the owner of the dwelling leases the land used or intended for use as the site for the dwelling; ("maison à bail foncier")

"landlord" includes,

(a) the owner or other person permitting occupancy of a rental unit,

(b) the heirs, assigns, personal representatives and successors in title of a person referred to in clause (a), and

(c) a person, other than a tenant occupying a rental unit in a residential complex, who is entitled to possession of the residential complex and who attempts to enforce any of the rights of a landlord under a tenancy agreement or this Act, including the right to collect rent; ("locateur")

"Minister" means the Minister of Municipal Affairs and Housing; ("ministre")

"Ministry" means the Ministry of Municipal Affairs and Housing; ("ministère")

"mobile home" means a dwelling that is designed to be made mobile and constructed or manufactured to provide a permanent residence for one or more persons; ("maison mobile")

"mobile home park" means the land on which one or more occupied mobile homes are located and includes the rental units and the land, structures, services and facilities of which the landlord retains possession and that are intended for the common use and enjoyment of the tenants of the landlord; ("parc de maisons mobiles")

"municipal taxes and charges" means taxes charged to a landlord by a municipality and charges levied on a landlord by a municipality and includes taxes levied on a landlord's property in unorganized territory, but "municipal taxes and charges" does not include,

(a) charges for inspections done by a municipality on a residential complex related to an alleged breach of a health, safety, housing or maintenance standard,

(b) charges for emergency repairs carried out by a municipality on a residential complex,

(d) any other prescribed charges; ("redevances et impôts municipaux")

"municipality" means a city, town, village, improvement district or township, a regional, district or metropolitan municipality or the County of Oxford; ("municipalité")

"non-profit co-operative housing corporation" means,

(a) a non-profit housing co-operative under the Co-operative Corporations Act, or

(b) a corporation incorporated without share capital under a predecessor of the Co-operative Corporations Act or under similar legislation of Canada or any province, where the main purpose and activity of the corporation is the provision of housing for its members and the charter, by-laws or articles of the corporation provide that,

(i) its activities shall be carried on without the purpose of gain for its members, and

(ii) on dissolution, its property, after payment of its debts and liabilities, shall be transferred to or distributed among one or more non-profit housing co-operatives or charitable organizations; ("coopérative de logement sans but lucratif")

"person", or any expression referring to a person, means an individual, sole proprietorship, partnership, limited partnership, trust or body corporate, or an individual in his or her capacity as a trustee, executor, administrator or other legal representative; ("personne")

"prescribed" means prescribed by the regulations; ("prescrit")

"regulations" means the regulations made under this Act; ("règlements")

"rent" includes the amount of any consideration paid or given or required to be paid or given by or on behalf of a tenant to a landlord or the landlord's agent for the right to occupy a rental unit and for any services and facilities and any privilege, accommodation or thing that the landlord provides for the tenant in respect of the occupancy of the rental unit, whether or not a separate charge is made for services and facilities or for the privilege, accommodation or thing, but "rent" does not include,

(a) an amount paid by a tenant to a landlord to reimburse the landlord for property taxes paid by the landlord with respect to a mobile home or a land lease home owned by a tenant, or

(b) an amount that a landlord charges a tenant of a rental unit in a care home for care services or meals; ("loyer")

"rental unit" means any living accommodation used or intended for use as rented residential premises, and "rental unit" includes,

(a) a site for a mobile home or site on which there is a land lease home used or intended for use as rented residential premises, and

(b) a room in a boarding house, rooming house or lodging house and a unit in a care home; ("logement locatif")

"residential complex" means,

(a) a building or related group of buildings in which one or more rental units are located,

(b) a mobile home park or land lease community,

(d) a care home, and

"residential complex" includes all common areas and services and facilities available for the use of its residents; ("ensemble d'habitation")

"residential unit" means any living accommodation used or intended for use as residential premises, and "residential unit" includes,

(a) a site for a mobile home or on which there is a land lease home used or intended for use as a residential premises, and

(b) a room in a boarding house, rooming house or lodging house and a unit in a care home; ("habitation")

"Rules" means the rules of practice and procedure made by the Tribunal or the Minister under section 154 of this Act and section 25.1 of the Statutory Powers Procedure Act; ("règles")

"services and facilities" includes,

(a) furniture, appliances and furnishings,

(b) parking and related facilities,

(d) elevator facilities,

(e) common recreational facilities,

(f) garbage facilities and related services,

(g) cleaning and maintenance services,

(h) storage facilities,

(i) intercom systems,

(j) cable television facilities,

(k) heating facilities and services,

(l) air-conditioning facilities,

(m) utilities and related services, and

(n) security services and facilities; ("services et installations")

"subtenant" means the person to whom a tenant gives the right under section 18 to occupy a rental unit; ("sous-locataire")

"superintendent's premises" means a rental unit used by a person employed as a janitor, manager, security guard or superintendent and located in the residential complex with respect to which the person is so employed; ("logement de concierge")

"tenancy agreement" means a written, oral or implied agreement between a tenant and a landlord for occupancy of a rental unit and includes a licence to occupy a rental unit; ("convention de location")

"tenant" includes a person who pays rent in return for the right to occupy a rental unit and includes the tenant's heirs, assigns and personal representatives, but "tenant" does not include a person who has the right to occupy a rental unit by virtue of being,

(a) a co-owner of the residential complex in which the rental unit is located, or

(b) a shareholder of a corporation that owns the residential complex; ("locataire")

"Tribunal" means the Ontario Rental Housing Tribunal; ("Tribunal")

"utilities" means heat, hydro and water; ("services d'utilité publique")

"vital service" means fuel, hydro, gas or hot or cold water. ("service essentiel")

Rental unit, clarification

(2) A rented site for a mobile home or a land lease home is a rental unit for the purposes of this Act even if the mobile home or the land lease home on the site is owned by the tenant of the site.

Application of Act

2. (1) This Act applies with respect to rental units in residential complexes, despite any other Act and despite any agreement or waiver to the contrary.

Conflicts, care homes

(2) In interpreting a provision of this Act with regard to a care home, if a provision in Part IV conflicts with a provision in another Part of this Act, the provision in Part IV applies.

Conflicts, mobile home parks and land lease communities

(3) In interpreting a provision of this Act with regard to a mobile home park or a land lease community, if a provision in Part V conflicts with a provision in another Part of this Act, the provision in Part V applies.

Conflict with other Acts

(4) If a provision of this Act conflicts with a provision of another Act, other than the Human Rights Code, the provision of this Act applies.

Exemptions from Act

3. This Act does not apply with respect to,

(a) living accommodation intended to be provided to the travelling or vacationing public in a hotel, motel or motor hotel, resort, lodge, tourist camp, cottage or cabin establishment, inn, campground, trailer park, tourist home, bed and breakfast vacation establishment or vacation home;

(b) living accommodation whose occupancy is conditional upon the occupant continuing to be employed on a farm, whether or not the accommodation is located on that farm;

(d) living accommodation occupied by a person for penal or correctional purposes;

(e) living accommodation that is subject to the Public Hospitals Act, the Private Hospitals Act, the Community Psychiatric Hospitals Act, the Mental Hospitals Act, the Homes for the Aged and Rest Homes Act, the Nursing Homes Act, the Ministry of Correctional Services Act, the Charitable Institutions Act, the Child and Family Services Act or Schedule I, II or III of Regulation 272 of the Revised Regulations of Ontario, 1990, made under the Developmental Services Act;

(f) short term living accommodation provided as emergency shelter;

(g) living accommodation provided by an educational institution to its students or staff where,

(i) the living accommodation is provided primarily to persons under the age of majority, or all major questions related to the living accommodation are decided after consultation with a council or association representing the residents, and

(ii) the living accommodation does not have its own self-contained bathroom and kitchen facilities or is not intended for year-round occupancy by full-time students or staff and members of their households;

(h) living accommodation located in a building or project used in whole or in part for non-residential purposes if the occupancy of the living accommodation is conditional upon the occupant continuing to be an employee of or perform services related to a business or enterprise carried out in the building or project;

(i) living accommodation whose occupant or occupants are required to share a bathroom or kitchen facility with the owner, the owner's spouse, child or parent or the spouse's child or parent, and where the owner, spouse, child or parent lives in the building in which the living accommodation is located;

(j) premises occupied for business or agricultural purposes with living accommodation attached if the occupancy for both purposes is under a single lease and the same person occupies the premises and the living accommodation;

(k) living accommodation occupied by a person for the purpose of receiving rehabilitative or therapeutic services agreed upon by the person and the provider of the living accommodation, where,

(i) the parties have agreed that,

(A) the period of occupancy will be of a specified duration, or

(B) the occupancy will terminate when the objectives of the services have been met or will not be met, and

(ii) the living accommodation is intended to be provided for no more than a one year period;

(l) living accommodation in a care home occupied by a person for the purpose of receiving short term respite care; and

(m) any other prescribed class of accommodation.

Exemptions from rules relating to rent

4. (1) Sections 52, 53, 55, 56, 87, 94 to 109, 113, 115 to 118 and 121 to 133 do not apply with respect to accommodation that is subject to the Homes for Special Care Act or the Homes for Retarded Persons Act.

Same

(2) Sections 94, 107, 109, 113, 115 to 117, 121 to 129, 132 and 133 do not apply with respect to a rental unit if,

(a) it has not been occupied for any purpose before the day this subsection comes into force;

(b) it is a rental unit no part of which has been previously rented since July 29, 1975; or

Developmental Services Act

(3) Sections 52, 53, 55, 56, 87, 94 to 109, 113, 115 to 118 and 121 to 133 do not apply with respect to accommodation that is subject to the Developmental Services Act and that is not otherwise exempt under clause 3 (e).

Exemptions related to social, etc., housing

5. (1) Sections 17 and 18, paragraph 1 of subsection 30 (1), sections 31, 52, 53, 55 and 56, subsection 76 (2) and sections 77, 84, 85, 87, 90, 94 to 96, 107 to 109, 113, 115 to 117 and 121to 134 do not apply with respect to a rental unit described below:

1. A rental unit located in a residential complex owned, operated or administered by or on behalf of the Ontario Housing Corporation, the Government of Canada or an agency of either of them.

2. A rental unit located in a non-profit housing project that is financially assisted by the Government of Canada or Ontario or a municipality or an agency of any of them.

3. A rental unit provided by a non-profit co-operative housing corporation to tenants who are not its members.

4. A rental unit provided by an educational institution to a student or member of its staff and that is not exempt from this Act under clause 3 (g).

5. A rental unit located in a residential complex owned, operated or administered by a religious institution for a charitable use on a non-profit basis.

Exemption re: 12-month rule

(2) Section 118 does not apply with respect to,

(a) a rental unit described in paragraph 1, 2 or 3 of subsection (1) if the tenant occupying the rental unit pays rent in an amount geared-to-income due to public funding; or

(b) a rental unit described in paragraph 4 or 5 of subsection (1).

Exemption re: notice of rent increase

(3) Sections 119 and 120 do not apply with respect to increases in rent for a rental unit due to increases in the tenant's income if the rental unit is as described in paragraph 1, 2 or 3 of subsection (1) and the tenant pays rent in an amount geared-to-income due to public funding.

Exception

(4) Despite subsection (1), the provisions of this Act set out in that subsection apply with respect to a rental unit described in paragraph 1 of that subsection if the tenant occupying the rental unit pays rent to a landlord other than the Ontario Housing Corporation, the Government of Canada or an agency of either of them.

Same

(5) Despite subsection (1), the provisions of this Act set out in that subsection apply with respect to a rent increase for rental units described in paragraph 4 of that subsection if there is a council or association representing the residents of those rental units and there has not been consultation with the council or association respecting the increase.

Part VI not applied, rent geared to income

6. (1) If a tenant pays rent for a rental unit in an amount geared-to-income due to public funding and the rental unit is not a rental unit described in paragraph 1, 2 or 3 of subsection 5 (1), Part VI does not apply to an increase in the amount geared-to-income paid by the tenant.

Assignment, sublet not applied, rent geared to income

(2) Sections 17, 18, 77, 84, 85 and 90 and subsections 76 (2) and 117 (3) do not apply to a tenant described in subsection (1).

Application to determine issues

7. (1) A landlord or a tenant may apply to the Tribunal for an order determining,

(a) whether this Act or any provision of it applies to a particular rental unit or residential complex;

(b) any other prescribed matter.

Order

(2) On the application, the Tribunal shall make findings on the issue as prescribed and shall make the appropriate order.

PART II

RIGHTS AND DUTIES OF LANDLORDS AND TENANTS

TENANCY AGREEMENTS

Name and address in written agreement

8. (1) Every written tenancy agreement entered into on or after the day this section comes into force shall set out the legal name and address of the landlord to be used for the purpose of giving notices or other documents under this Act.

Copy of tenancy agreement

(2) If a tenancy agreement entered into on or after the day this section comes into force is in writing, the landlord shall give a copy of the agreement, signed by the landlord and the tenant, to the tenant within 21 days after the tenant signs it and gives it to the landlord.

Notice if agreement not in writing

(3) If a tenancy agreement entered into on or after the day this section comes into force is not in writing, the landlord shall, within 21 days after the tenancy begins, give to the tenant written notice of the legal name and address of the landlord to be used for giving notices and other documents under this Act.

Failure to comply

(4) Until a landlord has complied with subsections (1) and (2) or subsection (3), as the case may be,

(a) the tenant's obligation to pay rent is suspended; and

(b) the landlord shall not require the tenant to pay rent.

After compliance

(5) After the landlord has complied with subsections (1) and (2), or subsection (3), as the case may be, the landlord may require the tenant to pay any rent withheld by the tenant under subsection (4).

Commencement of tenancy

9. (1) The term or period of a tenancy begins on the day the tenant is entitled to occupy the rental unit under the tenancy agreement.

Actual entry not required

(2) A tenancy agreement takes effect when the tenant is entitled to occupy the rental unit, whether or not the tenant actually occupies it.

Frustrated contracts

10. The doctrine of frustration of contract and the Frustrated Contracts Act apply with respect to tenancy agreements.

Covenants interdependent

11. Subject to this Part, the common law rules respecting the effect of the breach of a material covenant by one party to a contract on the obligation to perform by the other party apply with respect to tenancy agreements.

Covenants running with land

12. Covenants concerning things related to a rental unit or the residential complex in which it is located run with the land, whether or not the things are in existence at the time the covenants are made.

Minimize losses

13. When a landlord or a tenant becomes liable to pay any amount as a result of a breach of a tenancy agreement, the personentitled to claim the amount has a duty to take reasonable steps to minimize the person's losses.

Acceleration clause void

14. A provision in a tenancy agreement providing that all or part of the remaining rent for a term or period of a tenancy or a specific sum becomes due upon a default of the tenant in paying rent due or in carrying out an obligation is void.

"No pet" provisions void

15. A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void.

Provisions conflicting with Act void

16. Subject to section 171, a provision in a tenancy agreement that is inconsistent with this Act or the regulations is void.

ASSIGNMENT AND SUBLETTING

Assignment of tenancy

17. (1) Subject to subsection (2), and with the consent of the landlord, a tenant may assign a rental unit to another person.

Landlord's choice

(2) A landlord may choose not to allow the tenant to assign the rental unit, in which case the tenant may give the landlord a notice of termination under section 46.

Withholding consent

(3) Where the landlord fails to exercise the right to choose conferred by subsection (2), consent to the assignment to a potential assignee shall not be arbitrarily or unreasonably withheld.

Charges

(4) A landlord may charge a tenant only for the landlord's reasonable out of pocket expenses incurred in giving consent to an assignment.

Consequences of assignment

(5) If a tenant has assigned a rental unit to another person, the tenancy agreement continues to apply on the same terms and conditions and,

(a) the assignee is liable to the landlord for any breach of the tenant's obligations and may enforce against the landlord any of the landlord's obligations under the tenancy agreement or this Act, if the breach or obligation relates to the period after the assignment,whether or not the breach or obligation also related to a period before the assignment;

(b) the former tenant is liable to the landlord for any breach of the tenant's obligations and may enforce against the landlord any of the landlord's obligations under the tenancy agreement or this Act, if the breach or obligation relates to the period before the assignment;

(c) if the former tenant has started a proceeding under this Act before the assignment and the benefits or obligations of the new tenant may be affected, the new tenant may join in or continue the proceeding.

Application of section

(6) This section applies with respect to all tenants, regardless of the nature of their tenancies, but does not apply with respect to a tenant of superintendent's premises.

Subletting rental unit

18. (1) With the consent of the landlord, a tenant may sublet a rental unit to another person, thus giving the other person the right to occupy the rental unit for a term ending on a specified date before the end of the tenant's term or period and giving the tenant the right to resume occupancy on that date.

Same

(2) A landlord shall not arbitrarily or unreasonably withhold consent to the sublet of a rental unit to a potential subtenant.

Charges

(3) A landlord may charge a tenant only for the landlord's reasonable out of pocket expenses incurred in giving consent to a subletting.

Consequences of subletting

(4) If a tenant has sublet a rental unit to another person,

(a) the tenant remains entitled to the benefits, and is liable to the landlord for the breaches, of the tenant's obligations under the tenancy agreement or this Act during the subtenancy; and

(b) the subtenant is entitled to the benefits, and is liable to the tenant for the breaches, of the subtenant's obligations under the subletting agreement or this Act during the subtenancy.

Overholding subtenant

(5) A subtenant has no right to occupy the rental unit after the end of the subtenancy.

Application of section

(6) This section applies with respect to all tenants, regardless of the nature of their tenancies, but does not apply with respect to a tenant of superintendent's premises.

ENTRY INTO RENTAL UNIT OR RESIDENTIAL COMPLEX

Privacy

19. A landlord may enter a rental unit only in accordance with section 20 or 21.

Entry without notice, emergency, consent

20. (1) A landlord may enter a rental unit at any time without written notice,

(a) in cases of emergency; or

(b) if the tenant consents to the entry at the time of entry.

Same, housekeeping

(2) A landlord may enter a rental unit without written notice to clean it if the tenancy agreement requires the landlord to clean the rental unit at regular intervals and,

(a) the landlord enters the unit at the times specified in the tenancy agreement; or

(b) if no times are specified, the landlord enters the unit between the hours of 8 a.m. and 8 p.m.

Entry to show rental unit

(3) A landlord may enter the rental unit without written notice to show the unit to prospective tenants if,

(a) the landlord and tenant have agreed that the tenancy will be terminated or one of them has given notice of termination to the other;

(b) the landlord enters the unit between the hours of 8 a.m. and 8 p.m.; and

Entry with notice

21. (1) A landlord may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry under the following circumstances:

1. To carry out a repair or do work in the rental unit.

2. To allow a potential mortgagee or insurer of the residential complex to view the rental unit.

3. To allow a potential purchaser to view the rental unit when the residential complex is listed for sale.

4. For any other reasonable reason for entry specified in the tenancy agreement.

Same

(2) The written notice under subsection (1) shall specify the reason for entry, the day of entry and a time of entry between the hours of 8 a.m. and 8 p.m.

Entry by canvassers

22. No landlord shall restrict reasonable access to a residential complex by candidates for election to any office at the federal, provincial or municipal level, or their authorized representatives, if they are seeking access for the purpose of canvassing or distributing election material.

Changing locks

23. (1) A landlord shall not alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the tenant's occupancy of the rental unit without giving the tenant replacement keys.

Same

(2) A tenant shall not alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the tenant's occupancy of the rental unit without the consent of the landlord.

ADDITIONAL RESPONSIBILITIES OF LANDLORD

Landlord's responsibility to repair

24. (1) A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards.

Same

(2) Subsection (1) applies even if the tenant was aware of a state of non-repair or a contravention of a standard before entering into the tenancy agreement.

Landlord's responsibility re services

25. A landlord shall not at any time during a tenant's occupancy of a rental unit and before the day on which an orderevicting the tenant is executed, withhold reasonable supply of any vital service, care service or food that it is the landlord's obligation to supply under the tenancy agreement or deliberately interfere with the reasonable supply of any vital service, care service or food.

Landlord not to interfere with reasonable enjoyment

26. A landlord shall not at any time during a tenant's occupancy of a rental unit and before the day on which an order evicting the tenant is executed substantially interfere with the reasonable enjoyment of the rental unit or the residential complex in which it is located for all usual purposes by a tenant or members of his or her household.

Landlord not to harass, etc.

27. A landlord shall not harass, obstruct, coerce, threaten or interfere with a tenant.

ADDITIONAL RESPONSIBILITY OF TENANT

Cleanliness

28. The tenant is responsible for ordinary cleanliness of the rental unit, except to the extent that the tenancy agreement requires the landlord to clean it.

ENFORCEMENT OF RIGHTS UNDER THIS PART

Distress abolished

29. No landlord shall, without legal process, seize a tenant's property for default in the payment of rent or for the breach of any other obligation of the tenant.

Tenant applications

30. (1) A tenant or former tenant of a rental unit may apply to the Tribunal for any of the following orders:

1. An order determining that the landlord has arbitrarily or unreasonably withheld consent to the assignment or sublet of a rental unit to a potential assignee or subtenant.

2. An order determining that the landlord breached the obligations under subsection 24 (1).

3. An order determining that the landlord, superintendent or agent of the landlord has illegally entered the rental unit.

4. An order determining that the landlord, superintendent or agent of the landlord has altered the locking system on a door giving entry to the rental unit or the residential complex or caused the locking system to bealtered during the tenant's occupancy of the rental unit without giving the tenant replacement keys.

5. An order determining that the landlord, superintendent or agent of the landlord has withheld the reasonable supply of any vital service, care service or food that it is the landlord's obligation to supply under the tenancy agreement or deliberately interfered with the reasonable supply of any vital service, care service or food.

6. An order determining that the landlord, superintendent or agent of the landlord has substantially interfered with the reasonable enjoyment of the rental unit or residential complex for all usual purposes by the tenant or a member of his or her household.

7. An order determining that the landlord, superintendent or agent of the landlord has harassed, obstructed, coerced, threatened or interfered with the tenant during the tenant's occupancy of the rental unit.

Time limitation

(2) No application may be made under subsection (1) more than one year after the day the alleged conduct giving rise to the application occurred.

Order re assignment, sublet

31. (1) If the Tribunal determines that a landlord has unlawfully withheld consent to an assignment or sublet in an application under paragraph 1 of subsection 30 (1), the Tribunal may do one or more of the following:

1. Order that the assignment or sublet is authorized.

2. Where appropriate, by order authorize another assignment or sublet proposed by the tenant.

3. Order that the tenancy be terminated.

4. Order an abatement of the tenant's or former tenant's rent.

Same

(2) The Tribunal may establish terms and conditions of the assignment or sublet.

Same

(3) If an order is made under paragraph 1 or 2 of subsection (1), the assignment or sublet shall have the same legal effect as if the landlord had consented to it.

Order, repair, comply with standards

32. (1) If the Tribunal determines in an application under paragraph 2 of subsection 30 (1) that a landlord has breached the obligations under subsection 24 (1), the Tribunal may do one or more of the following:

1. Terminate the tenancy.

2. Order an abatement of the rent.

3. Authorize a repair that has been or is to be made and order its cost to be paid by the landlord to the tenant.

4. Order the landlord to do specified repairs or other work within a specified time.

5. Make any other order that it considers appropriate.

Same

(2) In determining the remedy under this section, the Tribunal shall consider whether the tenant or former tenant advised the landlord of the alleged breaches before applying to the Tribunal.

Order, subs. 30 (1), pars. 3 to 7,

33. (1) If the Tribunal determines that a landlord, a superintendent or an agent of a landlord has done one or more of the activities set out in paragraphs 3 to 7 of subsection 30 (1), the Tribunal may,

(a) order that the landlord, superintendent or agent may not engage in any further activities listed in those paragraphs against any of the tenants in the residential complex;

(b) order an abatement of rent;

(c) order that the landlord pay to the Tribunal an administrative fine not exceeding the greater of $10,000 or the monetary jurisdiction of the Small Claims Court in the area where the residential complex is located;

(d) order that the tenancy be terminated;

(e) make any other order that it considers appropriate.

Same

(2) If the tenant or former tenant was harassed, obstructed, coerced, threatened or interfered with in such a manner that he or she was induced to vacate the rental unit at any time before the order is issued, the Tribunal may, in addition to theremedies set out in subsection (1), order that the landlord pay a specified sum to the tenant as compensation for,

(a) all or any portion of any increased rent which the tenant has incurred or will incur for a one year period after the tenant has left the rental unit; and

(b) reasonable out of pocket moving, storage and other like expenses which the tenant has incurred or will incur.

Locking systems, landlord application re: alteration

34. If a tenant alters a locking system, contrary to subsection 23 (2), the landlord may apply to the Tribunal for an order determining that the tenant has altered the locking system on a door giving entry to the rental unit or the residential complex or caused the locking system to be altered during the tenant's occupancy of the rental unit without the consent of the landlord.

Locking systems, order

35. If the Tribunal in an application under section 34 determines that a tenant has altered the locking system or caused it to be altered, the Tribunal may order that the tenant provide the landlord with keys or pay the landlord the reasonable out of pocket expenses necessary to change the locking system.

HUMAN RIGHTS CODE

Selecting prospective tenants

36. In selecting prospective tenants, landlords may use, in the manner prescribed in the regulations made under the Human Rights Code, income information, credit checks, credit references, rental history, guarantees, or other similar business practices as prescribed in the regulations made under the Human Rights Code.

PART III

SECURITY OF TENURE AND TERMINATION OF TENANCIES

SECURITY OF TENURE

Tenancy terminated

37. (1) A tenancy may be terminated only in accordance with this Part.

Same

(2) A notice of termination need not be given if a landlord and a tenant have agreed to terminate a tenancy.

When agreement void

(3) An agreement between a landlord and tenant to terminate a tenancy is void if it is entered into,

(a) at the time the tenancy agreement is entered into; or

(b) as a condition of entering into the tenancy agreement.

When notice void

(4) A tenant's notice to terminate a tenancy is void if it is given,

(a) at the time the tenancy agreement is entered into; or

(b) as a condition of entering into the tenancy agreement.

Deemed renewal where no notice

38. (1) If a tenancy agreement for a fixed term ends and has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it as a monthly tenancy agreement containing the same terms and conditions that are in the expired tenancy agreement and subject to any increases in rent charged in accordance with this Act.

Same

(2) If the period of a periodic tenancy ends and the tenancy has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it for another week, month, year or other period, as the case may be.

Restriction on recovery of possession

39. A landlord shall not recover possession of a rental unit subject to a tenancy unless,

(a) the tenant has vacated or abandoned the unit; or

(b) an order of the Tribunal evicting the tenant has authorized the possession.

Disposal of abandoned property, tenant vacates unit

40. (1) A landlord may sell, retain for the landlord's own use or otherwise dispose of property in a rental unit or the residential complex if the tenant has vacated the rental unit in accordance with,

(a) a notice of termination of the landlord or the tenant;

(b) an agreement between the landlord and tenant to terminate the tenancy; or

Same

(2) A landlord is not liable to any person for selling, retaining or otherwise disposing of a tenant's property in accordance with subsection (1).

Agreement

(3) A landlord and a tenant may agree to terms other than those set out in subsections (1) and (2) with regard to the disposal of the tenant's property.

NOTICE OF TERMINATION -

GENERAL PROVISIONS

Notice of termination

41. (1) Where this Act permits a landlord or tenant to terminate a tenancy by notice, the notice shall be in a form approved by the Tribunal and shall,

(a) identify the rental unit for which the notice is given;

(b) state the date on which the tenancy is to terminate; and

Same

(2) If the notice is given by a landlord, it shall also set out the reasons for the termination and inform the tenant that,

(a) if the tenant does not vacate the rental unit, the landlord may apply to the Tribunal for an order terminating the tenancy and evicting the tenant; and

(b) if the landlord applies for an order, the tenant is entitled to dispute the application.

Where notice void

42. A notice of termination becomes void 30 days after the termination date specified in the notice unless,

(a) the tenant vacates the rental unit before that time; or

(b) the landlord applies for an order terminating the tenancy and evicting the tenant before that time.

Compensation when rental unit not vacated

43. (1) A landlord is entitled to compensation for the use and occupation of a rental unit by any unauthorized occupant or after the tenancy has been terminated by notice.

Effect of payment of arrears

(2) Unless a landlord and tenant agree otherwise, the landlord does not waive a notice of termination, reinstate a tenancy or create a new tenancy,

(a) by accepting arrears of rent or compensation for use or occupation of a rental unit after notice of termination of the tenancy has been given; or

(b) by giving the tenant a notice of rent increase.

NOTICE OF TERMINATION -

END OF PERIOD OR TERM OF TENANCY

Tenant's notice to terminate tenancy, end of period or term

44. A tenant may terminate a tenancy at the end of a period of the tenancy or at the end of the term of a tenancy for a fixed term by giving notice of termination to the landlord in accordance with section 45.

Period of notice, daily or weekly tenancy

45. (1) A notice under section 44 or 57 to terminate a daily or weekly tenancy shall be given at least 28 days before the date the termination is specified to be effective and that date shall be on the last day of a rental period.

Period of notice, monthly tenancy

(2) A notice under section 44 or 57 to terminate a monthly tenancy shall be given at least 60 days before the date the termination is specified to be effective and that date shall be on the last day of a rental period.

Period of notice, yearly tenancy

(3) A notice under section 44 or 57 to terminate a yearly tenancy shall be given at least 60 days before the last day of a yearly period on which the tenancy is based.

Period of notice, tenancy for fixed term

(4) A notice under section 44 or 57 to terminate a tenancy for a fixed term shall be given at least 60 days before the expiration date specified in the tenancy agreement, to be effective on that expiration date.

Period of notice, February notices

(5) A tenant who gives notice under subsection (2), (3) or (4), which specifies that the termination is to be effective on the last day of February or the last day of March in any year, shall be deemed to have given at least 60 days notice of termination if the notice is given not later than January 1 of that year in respect of a termination which is to be effective on the last day of February or February 1 of that year in respect of a termination which is to be effective on the last day of March.

NOTICE BY TENANT FOR TERMINATION

ASSIGNMENT OF TENANCY REFUSED

Notice by tenant

46. (1) A tenant may give notice of termination of a tenancy if the landlord has chosen not to allow the tenant to assign the rental unit under subsection 17 (2).

Same

(2) The date for termination specified in the notice shall be at least a number of days after the date of the notice that is the lesser of the notice period otherwise required under this Act and 30 days.

DEATH OF TENANT

Death of tenant

47. (1) If a tenant of a rental unit dies and there are no other tenants of the rental unit, the tenancy shall be deemed to be terminated 30 days after the death of the tenant.

Reasonable access

(2) The landlord shall, until the tenancy is terminated under subsection (1),

(a) preserve any property of a tenant who has died that is in the rental unit or the residential complex other than property that is unsafe or unhygienic; and

(b) afford the legal or other representative of the estate of a tenant reasonable access to the rental unit and the residential complex for the purposes of removing the tenant's property.

Landlord may dispose of property

48. (1) The landlord may sell, retain for the landlord's own use or otherwise dispose of property of a tenant who has died that is in a rental unit and in the residential complex in which the rental unit is located,

(a) if the property is unsafe or unhygienic, immediately; and

(b) otherwise, after the tenancy is terminated under section 47.

Same

(2) Subject to subsections (3) and (4), a landlord is not liable to any person for selling, retaining or otherwise disposing of the property of a tenant in accordance with subsection (1).

Same

(3) If, within six months after the tenant's death, the estate of a tenant claims any property of the tenant that the landlord has sold, the landlord shall pay to the estate the amount by which the proceeds of sale exceed the sum of,

(a) the landlord's reasonable out of pocket expenses for moving, storing, securing or selling the property; and

(b) any arrears of rent.

Same

(4) If, within the six month period after the tenant's death, the estate of the tenant claims any property of the tenant that the landlord has retained for the landlord's own use, the landlord shall return the property to the tenant's estate.

Agreement

(5) A landlord and the legal or other representative of a deceased tenant may agree to terms other than those set out in section 47 and this section with regard to the termination of the tenancy and disposal of the tenant's property.

NOTICE BY LANDLORD FOR TERMINATION

AT END OF PERIOD OR TERM

Notice, landlord personally, etc., requires unit

49. (1) A landlord may, by notice, terminate a tenancy if the landlord in good faith requires possession of the rental unit for the purpose of residential occupation by the landlord, the landlord's spouse or a child or parent of one of them.

Period of notice

(2) The date for termination specified in the notice shall be at least 60 days after the notice is given and shall not be before the end of the period of the tenancy or, where the tenancy is for a fixed term, the end of the term.

Earlier termination by tenant

(3) A tenant who receives notice of termination under subsection (1) may, at any time before the date specified in the notice, terminate the tenancy, effective on a specified date earlier than the date set out in the landlord's notice.

Same

(4) The date for termination specified in the tenant's notice shall be at least 10 days after the date the tenant's notice is given.

Where purchasing landlord personally requires unit

50. (1) A landlord of a house that is subject to a tenancy agreement may give notice to the tenant on behalf of a purchaser of the house to terminate the tenancy if,

(a) the landlord has entered into an agreement of purchase and sale to sell the house; and

(b) the purchaser in good faith requires possession of the house or a unit in it for the purpose of residential occupation by the purchaser, the purchaser's spouse or a child or parent of one of them.

Period of notice

Earlier termination by tenant

Same

(4) The date for termination specified in the tenant's notice shall be at least 10 days after the date the tenant's notice is given.

Definition

(5) In this section,

"house" means a detached or semi-detached house, a row house, a mobile home, a land lease home or a condominium unit.

Notice, demolition, conversion or repairs

51. (1) A landlord may give notice of termination of a tenancy if the landlord requires possession of the rental unit in order to,

(a) demolish it;

(b) convert it to use for a purpose other than residential premises; or

(c) do repairs or renovations to it that are so extensive that they require a building permit and vacant possession of the rental unit.

Same

(2) The date for termination specified in the notice shall be at least 120 days after the date the notice is given and shall not be before the end of the period of the tenancy or, where the tenancy is for a fixed term, the end of the term.

Same

(3) A notice under clause (1) (c) shall inform the tenant that if he or she wishes to exercise the right of first refusal under section 54 to occupy the premises after the repairs or renovations, he or she must give the landlord notice of that fact in accordance with subsection 54 (2) before vacating the rental unit.

Earlier termination by tenant

(4) A tenant who receives notice of termination under subsection (1) may, at any time before the date specified in the notice, terminate the tenancy, effective on a specified date earlier than the date set out in the landlord's notice.

Same

(5) The date for termination specified in the tenant's notice shall be at least 10 days after the date the tenant's notice is given.

Conversion to condominium, security of tenure

52. (1) Where a part or all of a residential complex becomes subject to a registered declaration and description under the Condominium Act on or after the day this section is proclaimed in force, a landlord may not give a notice under section 49 or 50 to a person who was a tenant of a rental unit when it became subject to a registered declaration and description under the Condominium Act.

Proposed units, security of tenure

(2) Where a rental unit is not subject to a registered declaration and description under the Condominium Act and the landlord has entered into an agreement of purchase and sale of a proposed unit as defined under that Act, the landlord may not give a notice under section 49 or 50 to the tenant of the rental unit.

Non-application of section

(3) If the rental unit first rented in the residential complex was first rented on or after the day that is two years before the day this section is proclaimed in force, subsection (1) does not apply with respect to the residential complex until the day that is the later of,

(a) two years after the day on which the first rental unit was first rented; and

(b) two years after the day this section is proclaimed in force.

Conversion to condominium, right of first refusal

(4) If a landlord receives an acceptable offer to purchase a condominium unit converted from rented residential premises and still occupied by a tenant who was a tenant on the date of the registration referred to in subsection (1) or an acceptable offer to purchase a rental unit intended to be converted to a condominium unit, the tenant has a right of first refusal to purchase the unit at the price and subject to the terms and conditions in the offer.

Same

(5) The landlord shall give the tenant at least 72 hours notice of the offer to purchase the unit before accepting the offer.

Exception

(6) Subsection (4) does not apply when,

(a) the offer to purchase is an offer to purchase more than one unit; or

(b) the unit has been previously purchased since that registration, but not together with any other units.

Compensation, demolition or conversion

53. A landlord shall compensate a tenant in an amount equal to three months rent or offer the tenant another rental unit acceptable to the tenant if,

(a) the tenant receives notice of termination of the tenancy for the purposes of demolition or conversion to non-residential use;

(b) the residential complex in which the rental unit is located contains at least five residential units; and

Tenant's right of first refusal, repair or renovation

54. (1) A tenant who receives notice of termination of a tenancy for the purpose of repairs or renovations may, in accordance with this section, have a right of first refusal to occupy the rental unit as a tenant when the repairs or renovations are completed.

Written notice

(2) A tenant who wishes to have a right of first refusal shall give the landlord notice in writing before vacating the rental unit.

Rent to be charged

(3) A tenant who exercises a right of first refusal may re-occupy the rental unit at a rent that is no more than what the landlord could have lawfully charged if there had been no interruption in the tenant's tenancy.

Change of address

(4) It is a condition of the tenant's right of first refusal that the tenant inform the landlord in writing of any change of address.

Tenant's right to compensation, repair or renovation

55. (1) A landlord shall compensate a tenant who receives notice of termination of a tenancy under section 51 for the purpose of repairs or renovations in an amount equal to three months rent or shall offer the tenant another rental unit acceptable to the tenant if,

(a) the tenant does not intend to return to the rental unit after the repairs or renovations are complete;

(b) the residential complex in which the rental unit is located contains at least five residential units; and

Same

(2) If a tenant has given a landlord notice under subsection 54 (2) with respect to a rental unit in a residential complex containing at least five residential units, the tenant is entitled to compensation in an amount equal to the rent for the lesser of three months and the period the unit is under repair or renovation.

Tenant's right to compensation, severance

56. A landlord of a residential complex that is created as a result of a severance shall compensate a tenant of a rental unit in that complex in an amount equal to three months rent or offer the tenant another rental unit acceptable to the tenant if,

(a) before the severance, the residential complex from which the new residential complex was created had at least five residential units;

(b) the new residential complex has fewer than five residential units; and

(c) the landlord gives the tenant a notice of termination under section 51 less than two years after the date of the severance.

Notice end of term, additional grounds

57. (1) A landlord may give a tenant notice of termination of their tenancy on any of the following grounds:

1. The tenant has persistently failed to pay rent on the date it becomes due and payable.

2. The rental unit that is the subject of the tenancy agreement is a rental unit as described in paragraph 1, 2 or 3 of subsection 5 (1) and the tenant has ceased to meet the qualifications required for occupancy of the rental unit.

3. The tenant was an employee of an employer who provided the tenant with the rental unit during the tenant's employment and the employment has terminated.

4. The tenancy arose by virtue of or collateral to an agreement of purchase and sale of a proposed unit within the meaning of the Condominium Act in good faith and the agreement of purchase and sale has been terminated.

Period of notice

(2) The date for termination specified in the notice shall be at least the number of days after the date the notice is given that is set out in section 45 and shall not be before the end of the period of the tenancy or, where the tenancy is for a fixed term, the end of the term.

NOTICE BY LANDLORD FOR TERMINATION

BEFORE END OF PERIOD OR TERM

Non-payment of rent

58. (1) If a tenant fails to pay rent in accordance with a tenancy agreement, the landlord may give the tenant notice of termination of the tenancy effective not earlier than,

(a) the 7th day after the notice is given, in the case of a daily or weekly tenancy; and

(b) the 14th day after the notice is given, in all other cases.

Contents of notice

(2) The notice shall set out the amount of rent due and shall specify that the tenant may avoid the termination of the tenancy by paying that rent and any other rent that has become owingunder the tenancy agreement before the notice of termination becomes effective.

Notice void if rent paid

(3) The notice of termination under this section is void if the tenant pays the rent that is due in accordance with the tenancy agreement before the day the landlord applies to the Tribunal to terminate the tenancy.

Termination for cause, illegal act

59. (1) A landlord may give a tenant notice of termination of the tenancy if the tenant commits an illegal act or carries on an illegal trade, business or occupation or permits a person to do so in the rental unit or the residential complex.

Termination for cause, misrepresentation of income

(2) A landlord may give a tenant notice of termination of the tenancy if the rental unit is a rental unit described in paragraph 1, 2 or 3 of subsection 5 (1) and the tenant has knowingly and materially misrepresented his or her income or that of other members of his or her family occupying the rental unit.

Notice

(3) A notice of termination under this section shall,

(a) provide a termination date not earlier than the 20th day after the notice is given; and

(b) set out the grounds for termination.

Termination for cause, damage

60. (1) A landlord may give a tenant notice of termination of the tenancy if the tenant or a person whom the tenant permits in the residential complex wilfully or negligently causes undue damage to the rental unit or the residential complex.

Notice

(2) A notice of termination under this section shall,

(a) provide a termination date not earlier than the 20th day after the notice is given;

(b) set out the grounds for termination; and

Notice void if tenant complies

(3) The notice of termination under this section is void if the tenant, within seven days after receiving the notice, makes the repair, pays the reasonable costs of repair or makesarrangements satisfactory to the landlord to pay the costs or to make the repairs.

Termination for cause, reasonable enjoyment

61. (1) A landlord may give a tenant notice of termination of the tenancy if the conduct of the tenant or a person permitted in the residential complex by the tenant is such that it substantially interferes with the reasonable enjoyment of the residential complex for all usual purposes by the landlord or any other tenant.

Termination for cause, act impairs safety

(2) A landlord may give a tenant notice of termination of the tenancy if,

(a) an act or omission of the tenant or a person permitted in the residential complex by the tenant seriously impairs or has seriously impaired the safety of another tenant in the residential complex or another lawful right, privilege or interest of the other tenant; and

(b) the act or omission occurs in a rental unit or the residential complex.

Notice

(3) A notice of termination under this section shall,

(a) provide a termination date not earlier than the 20th day after the notice is given;

(b) set out the grounds for termination; and

(c) require the tenant, within seven days, to stop the conduct or activity or correct the omission set out in the notice.

Notice void if tenant complies

(4) The notice of termination under this section is void if the tenant, within seven days after receiving the notice, stops the conduct or activity or corrects the omission.

Termination for cause, too many persons

62. (1) A landlord may give a tenant notice of termination of the tenancy if the number of persons occupying the rental unit on a continuing basis results in a contravention of health, safety or housing standards required by law.

Notice

(2) A notice of termination under this section shall,

(a) provide a termination date not earlier than the 20th day after the notice is given;

(b) set out the details of the grounds for termination; and

(c) require the tenant, within seven days, to reduce the number of persons occupying the rental unit to comply with health, safety or housing standards required by law.

Notice void if tenant complies

(3) The notice of termination under this section is void if the tenant, within seven days after receiving the notice, sufficiently reduces the number of persons occupying the rental unit.

Notice of termination, further contravention

63. (1) A landlord may give a tenant notice of termination of the tenancy if,

(a) a notice of termination under section 60, 61 or 62 or under an equivalent provision of Part IV of the Landlord and Tenant Act has become void as a result of the tenant's compliance with the terms of the notice; and

(b) the tenant contravenes any of section 59, 60, 61 or 62 within six months after the first notice became void.

Same

(2) The notice under this section shall set out the date it is to be effective and that date shall not be earlier than the 14th day after the notice is given.

SUPERINTENDENT'S PREMISES

Superintendent's premises

64. (1) If a landlord has entered into a tenancy agreement with respect to a superintendent's premises, unless otherwise agreed, the tenancy terminates on the day on which the employment of the tenant is terminated.

Same

(2) A tenant shall vacate a superintendent's premises within one week after his or her tenancy is terminated.

No rent charged for week

(3) A landlord shall not charge a tenant rent or compensation or receive rent or compensation from a tenant with respect to the one week period mentioned in subsection (2).

APPLICATION TO TRIBUNAL BY LANDLORD -

LANDLORD HAS GIVEN NOTICE OF TERMINATION

Application by landlord

65. (1) A landlord may apply to the Tribunal for an order terminating a tenancy and evicting the tenant if the landlord has given notice to terminate the tenancy under this Part or under the former Part IV of the Landlord and Tenant Act.

Same

(2) An application under subsection (1) may not be made later than 30 days after the termination date specified in the notice.

Landlord personally requires premises

66. (1) The Tribunal shall not make an order terminating a tenancy and evicting the tenant in an application under section 65 based on a notice of termination under section 49 or 50 unless the person who personally requires the rental unit files with the Tribunal a declaration certifying that the person in good faith requires the rental unit for his or her own personal use.

Same

(2) The Tribunal shall not make an order terminating a tenancy and evicting the tenant in an application under section 65 based on a notice of termination under section 49 or 50 where the landlord's claim is based on a tenancy agreement or occupancy agreement that purports to entitle the landlord to reside in the rental unit unless,

(a) the application is brought in respect of premises situate in a building containing not more than four residential units; or

(b) the landlord, the landlord's spouse or a child or parent of the landlord or his or her spouse has previously been a genuine occupant of the premises.

Demolition, conversion, repairs

67. The Tribunal shall not make an order terminating a tenancy and evicting the tenant in an application under section 65 based on a notice of termination under section 51 unless it is satisfied that,

(a) the landlord intends in good faith to carry out the activity on which the notice of termination was based; and

(b) the landlord has obtained all necessary permits or other authority that may be required to do so.

Non-payment of rent

68. (1) A landlord may not apply to the Tribunal for an order terminating a tenancy and evicting the tenant based on a notice of termination under section 58 before the notice of termination becomes effective.

Discontinuance where rent paid

(2) If an application is brought under section 65 based on a notice of termination under section 58 and if before an order under the application has become final the tenant pays to the Tribunal all the rent in arrears and compensation owing under section 43 as well as the costs of the application, that part of the application relating to eviction of the tenant, arrears of rent and compensation is discontinued and any order under it is void.

Illegal act or misrepresentation of income

69. The Tribunal may issue an order terminating a tenancy and evicting a tenant in an application referred to under section 65 based on a notice of termination under section 59 whether or not the tenant or other person has been convicted of an offence relating to an illegal act, trade, business or occupation.

Notice gives 7 days to correct

70. (1) A landlord may not apply to the Tribunal for an order terminating a tenancy and evicting the tenant based on a notice of termination under section 60, 61 or 62 before the seven day remedy period specified in the notice expires.

Application based on animals

(2) If an application claiming substantial interference with the reasonable enjoyment of a residential complex is based on the presence, control or behaviour of an animal in or about the residential complex, the Tribunal shall not make an order terminating the tenancy and evicting the tenant without being satisfied that the tenant is keeping an animal and that,

(a) subject to subsection (3), the past behaviour of an animal of that species has substantially interfered with the reasonable enjoyment of the residential complex for all usual purposes by the landlord or other tenants;

(b) subject to subsection (4), the presence of an animal of that species has caused the landlord or another tenant to suffer a serious allergic reaction; or

(c) the presence of an animal of that species or breed is inherently dangerous to the safety of the landlord or the other tenants.

Same

(3) The Tribunal shall not make an order terminating the tenancy and evicting the tenant relying on clause (2) (a) if it is satisfied that the animal kept by the tenant did not cause or contribute to the substantial interference.

Same

(4) The Tribunal shall not make an order terminating the tenancy and evicting the tenant relying on clause (2) (b) if it is satisfied that the animal kept by the tenant did not cause or contribute to the allergic reaction.

Immediate application

71. Unless specifically provided otherwise in this Act or the former Part IV of the Landlord and Tenant Act, a landlord who has served a notice of termination may apply immediately to the Tribunal under section 65 for an order terminating the tenancy and evicting the tenant.

APPLICATION TO TRIBUNAL BY LANDLORD -

LANDLORD HAS NOT GIVEN NOTICE OF TERMINATION

Agreement to terminate, tenant's notice

72. (1) A landlord may, without notice to the tenant, apply to the Tribunal for an order terminating a tenancy and evicting the tenant if,

(a) the landlord and tenant have entered into an agreement to terminate the tenancy and the tenant has not vacated the rental unit by the agreed termination date; or

(b) the tenant has given the landlord notice of termination of the tenancy and the tenant has not vacated the rental unit by the termination date set out in the notice.

Same

(2) The landlord shall include with the application an affidavit verifying the agreement or notice of termination, as the case may be.

Same

(3) An application under subsection (1) shall not be made later than 30 days after the termination date specified in the agreement or notice.

Order

(4) On receipt of the application, the Tribunal may make an order terminating the tenancy and evicting the tenant.

Same

(5) An order under clause (1) (a) shall be effective not earlier than the date specified in the agreement.

Set aside order

(6) The respondent may make a motion to the Tribunal, on notice to the applicant, to have the order set aside within 10 days after the order is issued.

Same

(7) An order under subsection (6) is stayed when a motion to have the order set aside is received by the Tribunal and shall not be enforced under this Act or as an order of the court during the stay.

Same

(8) If the Tribunal sets the order aside, the Tribunal shall hear the merits of the application.

Abandonment of rental unit

73. If a landlord believes that a tenant has abandoned a rental unit, the landlord may apply to the Tribunal for an order terminating the tenancy.

Landlord may dispose of property, abandoned unit

74. (1) If a landlord obtains an order terminating a tenancy under section 73, the landlord may dispose of property in the rental unit and in the residential complex in which it is located as follows:

1. The landlord may dispose of any unsafe or unhygienic items immediately.

2. The landlord may sell, retain for the landlord's own use or otherwise dispose of any other items if 30 days have passed after the day the order terminating the tenancy was issued, so long as the tenant has not claimed the property.

Tenant's claim to property

(2) If, before the 30 days have passed, the tenant notifies the landlord that he or she intends to remove property referred to in paragraph 2 of subsection (1), the tenant may remove the property within that 30 day period.

Same

(3) If the tenant notifies the landlord in accordance with subsection (2) that he or she intends to remove the property, the landlord shall make the property available to the tenant at a reasonable time and within a reasonable proximity to the rental unit.

Same

(4) The landlord may require the tenant to pay the landlord for arrears of rent and any reasonable out of pocket expenses incurred by the landlord in moving, storing or securing the tenant's property before allowing the tenant to remove the property.

Same

(5) If, within six months after the day the order terminating the tenancy is issued, the tenant claims any of his or her property that the landlord has sold, the landlord shall pay to the tenant the amount by which the proceeds of sale exceed the sum of,

(a) the landlord's reasonable out of pocket expenses for moving, storing, securing or selling the property; and

(b) any arrears of rent.

No liability

(6) Subject to subsections (3) and (5), a landlord is not liable to any person for selling, retaining or otherwise disposing of the property of a tenant in accordance with this section.

Superintendent's premises

75. The landlord may apply to the Tribunal for an order terminating the tenancy of a tenant of superintendent's premises and evicting the tenant if the tenant does not vacate the rental unit within one week of the termination of his or her employment.

Unauthorized occupancy

76. (1) If a tenant transfers the occupancy of a rental unit to a person in a manner other than by an assignment authorized under section 17 or a subletting authorized under section 18, the landlord may apply to the Tribunal for an order evicting the person to whom occupancy of the rental unit was transferred.

Time limitation

(2) An application under this section must be made no later than 60 days after the landlord discovers the unauthorized occupancy.

LANDLORD OR TENANT APPLICATION

OVERHOLDING SUBTENANT

Overholding subtenant

77. (1) If a subtenant continues to occupy a rental unit after the end of the subtenancy, the landlord or the tenant may apply to the Tribunal for an order evicting the subtenant.

Time limitation

(2) An application under this section must be made within 60 days after the end of the subtenancy.

EVICTION ORDERS

Effective date of order

78. (1) If a notice of termination of a tenancy has been given and the landlord has subsequently applied to the Tribunal for an order evicting the tenant, the order of the Tribunal evicting the tenant may not be effective earlier than the date of termination set out in the notice.

Same, default order

(2) Where a default order provides for the eviction of a person from a rental unit, the eviction order shall take effect 11 days after the order is issued.

Power of Tribunal, eviction

79. (1) Upon an application for an order evicting a tenant or subtenant, the Tribunal may, despite any other provision of this Act or the tenancy agreement,

(a) refuse to grant the application unless satisfied, having regard to all the circumstances, that it would be unfair to refuse; or

(b) order that the enforcement of the order of eviction be postponed for a period of time.

Same

(2) Without restricting the generality of subsection (1), the Tribunal shall refuse to grant the application where satisfied that,

(a) the landlord is in serious breach of the landlord's responsibilities under this Act or of any material covenant in the tenancy agreement;

(b) the reason for the application being brought is that the tenant has complained to a governmental authority of the landlord's violation of a law dealing with health, safety, housing or maintenance standards;

(c) the reason for the application being brought is that the tenant has attempted to secure or enforce his or her legal rights;

(d) the reason for the application being brought is that the tenant is a member of a tenants' association or is attempting to organize such an association; or

(e) the reason for the application being brought is that the rental unit is occupied by children and the occupation by the children does not constitute overcrowding.

No eviction before compensation, demolition or conversion

(3) The Tribunal shall not issue an eviction order in a proceeding regarding termination of a tenancy for the purposes of demolition, conversion to non-residential rental use, renovations or repairs until the landlord has complied with section 53, 55 or 56, as the case may be.

No eviction before compensation, repair or renovation

(4) If a tenant has given a landlord notice under subsection 54 (2), the Tribunal shall not issue an eviction order in a proceeding regarding termination of the tenancy until the landlord has compensated the tenant in an amount equal to the rent for the amount of time the landlord estimates is required to complete the repair or renovation.

Effect of eviction order

80. An order evicting a person shall have the same effect, and shall be enforced in the same manner, as a writ of possession.

OTHER LANDLORD APPLICATIONS

Arrears of rent

81. (1) A landlord may apply to the Tribunal for an order for the payment of arrears of rent if,

(a) the tenant has not paid rent lawfully required under the tenancy agreement; and

(b) the tenant is in possession of the rental unit.

Compensation, overholding tenant

(2) If a tenant is in possession of a rental unit after the tenancy has been terminated, the landlord may apply to the Tribunal for an order for the payment of compensation for the use and occupation of a rental unit after a notice of termination or an agreement to terminate the tenancy has taken effect.

Same

(3) In determining the amount of arrears of rent, compensation or both owing in an order for termination of a tenancy and the payment of arrears of rent, compensation or both, the Tribunal shall subtract from the amount owing the amount of any rent deposit or interest on a rent deposit that would be owing to the tenant on termination.

Compensation for damage

82. A landlord may apply to the Tribunal for an order for compensation if the tenant or a person whom the tenant permits in the residential complex wilfully or negligently causes undue damage to the rental unit or the residential complex and the tenant is in possession of the rental unit.

Compensation, misrepresentation of income

83. If a landlord has a right to give a notice of termination under subsection 59 (2), the landlord may apply to the Tribunal for an order for the payment of money the tenant would have been required to pay if the tenant had not misrepresented his or her income or that of other members of his or her family, so long as the application is made while the tenant is in possession of the rental unit.

OTHER TENANT NOTICES AND APPLICATIONS

Compensation, overholding subtenant

84. A tenant may apply to the Tribunal for an order for compensation for use and occupation by an overholding subtenant after the end of the subtenancy if the overholding subtenant is in possession of the rental unit at the time of the application.

Tenant's notice, application re subtenant

85. Sections 58 to 63, 65, 81 and 82 apply with necessary modifications with respect to a tenant who has sublet a rental unit as if the tenant were the landlord and the subtenant were the tenant.

PART IV

CARE HOMES

RIGHTS AND DUTIES OF LANDLORDS AND TENANTS

Agreement required

86. (1) There shall be a written tenancy agreement relating to the tenancy of every tenant in a care home.

Contents of agreement

(2) The agreement shall set out what has been agreed to with respect to care services and meals and the charges for them.

Information to tenant

87. (1) Before entering into a tenancy agreement with a new tenant in a care home, the landlord shall give to the new tenant an information package containing the prescribed information.

Effect of non-compliance

(2) The landlord shall not give a notice of rent increase or a notice of increase of a charge for providing a care service ormeals until after giving the required information package to the tenant.

Tenancy agreement: right to consult

88. (1) Every tenancy agreement relating to the tenancy of a tenant in a care home shall contain a statement that the tenant has the right to consult a third party with respect to the agreement and to cancel the agreement within five days after the agreement has been entered into.

Cancellation

(2) The tenant may cancel the tenancy agreement by written notice to the landlord within five days after entering into it.

Entry check condition of tenant

89. (1) Despite section 19, a landlord may enter a rental unit in a care home at regular intervals to check the condition of a tenant in accordance with the tenancy agreement if the agreement requires the landlord to do so.

Right to revoke provision

(2) A tenant whose tenancy agreement contains a provision requiring the landlord to regularly check the condition of the tenant may unilaterally revoke that provision by written notice to the landlord.

Assignment, subletting in care homes

90. A landlord may withhold consent to an assignment or subletting of a rental unit in a care home if the effect of the assignment or subletting would be to admit a person to the care home contrary to the admission requirements or guidelines set by the landlord.

Termination, care homes

91. Despite section 45, a tenant of a care home may terminate a tenancy at any time by giving at least 30 days notice of termination to the landlord.

Notice of termination, demolition, conversion or repairs

92. (1) A landlord who gives a tenant of a care home a notice of termination under section 51 shall make reasonable efforts to find appropriate alternate accommodation for the tenant.

Same

(2) Sections 53 and 55 do not apply with respect to a tenant of a care home who receives a notice of termination under section 51 and chooses to take alternate accommodation found by the landlord for the tenant under subsection (1).

TRANSFERRING TENANCY

Application

93. (1) A landlord may apply to the Tribunal for an order transferring a tenant out of a care home and evicting the tenant if,

(a) the tenant no longer requires the level of care provided by the landlord; or

(b) the tenant requires a level of care that the landlord is not able to provide.

Order

(2) The Tribunal may issue an order under clause (1) (b) only if it is satisfied that,

(a) appropriate alternate accommodation is available for the tenant; and

(b) the level of care that the landlord is able to provide when combined with the community based services provided to the tenant in the care home cannot meet the tenant's care needs.

Same

(3) The Tribunal may not issue a default order in an application under this section.

Mandatory mediation

(4) If a dispute arises, the dispute shall be sent to mediation before the Tribunal makes an order.

Same

(5) If the landlord fails to participate in the mediation, the Tribunal may dismiss the landlord's application.

RULES RELATED TO RENT

Rent in care home

94. If there is more than one tenancy agreement for a rental unit in a care home, the provisions of Part VI apply with respect to each tenancy agreement as if it were an agreement for a separate rental unit.

Notice of increased charges

95. (1) A landlord shall not increase a charge for providing a care service or meals to a tenant of a rental unit in a care home without first giving the tenant at least 90 days notice of the landlord's intention to do so.

Contents of notice

(2) The notice shall be in writing in the form approved by the Tribunal and shall set out the landlord's intention to increase the charge and the new charges for care services and meals.

Effect of non-compliance

(3) An increase in a charge for a care service or meals is void if the landlord has not given the notice required by this section, and before the landlord can take the increase the landlord must give a new notice.

Certain charges permitted

96. (1) Nothing in subsection 130 (1) limits the right of a landlord to charge a tenant of a rental unit in a care home for providing care services or meals to the tenant so long as the landlord has complied with the requirements of sections 87 and 95.

Same

(2) Nothing in subsection 130 (3) limits the right of a tenant or a person acting on behalf of a tenant to charge a subtenant of a rental unit in a care home for providing care services or meals to the subtenant.

PART V

MOBILE HOME PARKS AND LAND LEASE COMMUNITIES

INTERPRETATION

Part applies to land lease communities

97. This Part applies with necessary modifications with respect to tenancies in land lease communities, as if the tenancies were in mobile home parks.

Interpretation

98. A reference in this Part to a tenant's mobile home shall be interpreted to be a reference to a mobile home owned by the tenant and situated within a mobile home park of the landlord with whom the tenant has a tenancy agreement.

RIGHTS AND DUTIES OF LANDLORDS AND TENANTS

Tenant's right to sell, etc.

99. (1) A tenant has the right to sell or lease his or her mobile home without the landlord's consent.

Landlord as agent

(2) A landlord may act as the agent of a tenant in negotiations to sell or lease a mobile home only in accordance with a written agency contract entered into for the purpose of beginning those negotiations.

Same

(3) A provision in a tenancy agreement requiring a tenant who owns a mobile home to use the landlord as an agent for the sale of the mobile home is void.

Landlord's right of first refusal

100. (1) This section applies if a tenancy agreement with respect to a mobile home contains a provision prohibiting the tenant from selling the mobile home without first offering to sell it to the landlord.

Same

(2) If a tenant receives an acceptable offer to purchase a mobile home, the landlord has a right of first refusal to purchase the mobile home at the price and subject to the terms and conditions in the offer.

Same

(3) A tenant shall give a landlord at least 72 hours notice of a person's offer to purchase a mobile home before accepting the person's offer.

Landlord's purchase at reduced price

(4) If a provision described in subsection (1) permits a landlord to purchase a mobile home at a price that is less than the one contained in a prospective purchaser's offer to purchase, the landlord may exercise the option to purchase the mobile home, but the provision is void with respect to the landlord's right to purchase the mobile home at the lesser price.

For sale signs

101. (1) A landlord shall not prevent a tenant who owns a mobile home from placing in a window of the mobile home a sign that the home is for sale, unless the landlord does so in accordance with subsection (2).

Alternative method of advertising a sale

(2) A landlord may prevent a tenant who owns a mobile home from placing a for sale sign in a window of a mobile home if all of the following conditions are met:

1. The prohibition applies to all tenants in the mobile home park.

2. The landlord provides a bulletin board for the purpose of placing for sale advertisements.

3. The bulletin board is provided to all tenants in the mobile home park free of charge.

4. The bulletin board is placed in a prominent place and is accessible to the public at all reasonable times.

Restraint of trade prohibited

102. (1) A landlord shall not restrict the right of a tenant to purchase goods or services from the person of his or her choice, except as provided in subsection (2).

Standards

(2) A landlord may set reasonable standards for mobile home equipment.

Responsibility of landlord

103. (1) A landlord is responsible for,

(a) removing or disposing of garbage or ensuring the availability of a means for removing or disposing of garbage in the mobile home park at reasonable intervals;

(b) maintaining mobile home park roads in a good state of repair;

(d) maintaining the water supply, sewage disposal, fuel, drainage and electrical systems in the mobile home park in a good state of repair;

(e) maintaining the mobile home park grounds and all buildings, structures, enclosures and equipment intended for the common use of tenants in a good state of repair; and

(f) repairing damage to a tenant's property, if the damage is caused by the wilful or negligent conduct of the landlord.

Application for relief

(2) A tenant or former tenant may apply to the Tribunal for relief as a result of a breach of the landlord's obligations under this section if the application is made within one year after the date the landlord breached the obligation.

Order

(3) In an order under this section, the Tribunal may,

(a) terminate the tenancy;

(b) order an abatement of the rent;

(d) order the landlord to do specified repairs or other work within a specified time;

(e) make any other order the Tribunal considers appropriate.

Same

(4) In determining the remedy under this section, the Tribunal shall consider whether the tenant or former tenant advised the landlord of the alleged breaches before applying to the Tribunal.

TERMINATION OF TENANCIES

Mobile home abandoned

104. (1) This section applies if,

(a) the tenant has vacated the mobile home in accordance with,

(i) a notice of termination of the landlord or the tenant,

(ii) an agreement between the landlord and tenant to terminate the tenancy, or

(iii) an order of the Tribunal terminating the tenancy; or

(b) the landlord has applied for an order under section 73 and the Tribunal has made an order terminating the tenancy.

Notice to tenant

(2) The landlord shall not dispose of a mobile home without first notifying the tenant of the landlord's intention to do so,

(a) by registered mail, sent to the tenant's last known mailing address; and

(b) by causing a notice to be published in a newspaper having general circulation in the locality in which the mobile home park is located.

Landlord may dispose of mobile home

(3) The landlord may sell, retain for the landlord's own use or dispose of a mobile home in the circumstances described in subsection (1) beginning 60 days after the notices referred to in subsection (2) have been given if the tenant has not made a claim with respect to the landlord's intended disposal.

Same

(4) If, within six months after the day the notices have been given under subsection (2) the tenant makes a claim for a mobile home which the landlord has already sold, the landlord shall pay to the tenant the amount by which the proceeds of sale exceed the sum of,

(a) the landlord's reasonable out of pocket expenses incurred with respect to the mobile home; and

(b) any arrears of rent of the tenant.

Same

(5) If within six months after the day the notices have been given under subsection (2) the tenant makes a claim for a mobile home which the landlord has retained for the landlord's own use the landlord shall return the mobile home to the tenant.

Same

(6) Before returning a mobile home to a tenant who claims it within the 60 days referred to in subsection (3) or the six months referred to in subsection (5), the landlord may require the tenant to pay the landlord for arrears of rent and any reasonable expenses incurred by the landlord with respect to the mobile home.

No liability

(7) Subject to subsection (4) or (5), a landlord is not liable to any person for selling, retaining or otherwise disposing of the property of a tenant in accordance with this section.

Death of mobile home owner

105. Sections 47 and 48 do not apply if the tenant owns the mobile home.

Extended notice of termination, special cases

106. If a notice of termination is given under section 51 with respect to a tenancy agreement for a mobile home owned by the tenant, the date for termination specified in the notice shall be at least one year after the date the notice is given and shall not be before the end of the period of the tenancy or, where the tenancy is for a fixed term, the end of the term.

RULES RELATED TO RENT

New tenant

107. Despite section 116, a landlord may not charge a new tenant of a mobile home park a rent which is greater than the last lawful rent charged plus the prescribed amount.

Entrance and exit fees limited

108. A landlord shall not charge for any of the following matters, except to the extent of the landlord's reasonable out of pocket expenses incurred with regard to those matters:

1. The entry of a mobile home into a mobile home park.

2. The exit of a mobile home from a mobile home park.

3. The installation of a mobile home in a mobile home park.

4. The removal of a mobile home from a mobile home park.

PROCEEDINGS BEFORE THE TRIBUNAL

Increased capital expenditures

109. (1) If the Tribunal finds that a capital expenditure is for infrastructure work required to be carried out by the Government of Canada or Ontario or a municipality or an agency of any of them, despite subsections 128 (8) and (9), the Tribunal may determine the number of years over which the rent increase justified by that capital expenditure may be taken.

Definition

(2) In this section,

"infrastructure work " means work with respect to roads, water supply, fuel, sewage disposal, drainage, electrical systems and other prescribed services and things provided to the mobile home park.

PART VI

RULES RELATING TO RENT

GENERAL RULES

Security deposits, limitation

110. (1) The only security deposit that a landlord may collect is a rent deposit collected in accordance with section 111.

Definition

(2) In this section and section 111,

"security deposit" means money, property or a right paid or given by, or on behalf of, a tenant of a rental unit to a landlord or to anyone on the landlord's behalf to be held by or for the account of the landlord as security for the performance of an obligation or the payment of a liability of the tenant or to be returned to the tenant upon the happening of a condition.

Rent deposit may be required

111. (1) A landlord may require a tenant to pay a rent deposit with respect to a tenancy if the landlord does so on or before entering into the tenancy agreement.

Amount of rent deposit

(2) The amount of a rent deposit shall be the lesser of the amount of rent for one rent period and the amount of rent for one month.

Same

(3) If the lawful rent increases after the landlord has received a rent deposit, the landlord may require the tenant to pay an additional amount to increase the rent deposit up to the amount permitted by subsection (2).

Qualification

(4) A new landlord of a rental unit or a person who is deemed to be a landlord under subsection 47 (1) of the Mortgages Act shall not require a tenant to pay a rent deposit if the tenant has already paid a rent deposit to the prior landlord of the rental unit.

Exception

(5) Despite subsection (4), if a person becomes a new landlord in a sale from a person deemed to be a landlord under subsection 47 (1) of the Mortgages Act, the new landlord may require the tenant to pay a rent deposit in an amount equal to the amount with respect to the former rent deposit that the tenant received from the proceeds of sale.

Interest

(6) A landlord of a rental unit shall pay interest to the tenant annually on the amount of the rent deposit at the rate of 6 per cent per year.

Rent deposit applied to last rent

(7) A landlord shall apply a rent deposit that a tenant has paid to the landlord or to a former landlord in payment of the rent for the last rent period before the tenancy terminates.

Transitional

(8) A security deposit paid before the day this section is proclaimed in force shall be deemed to be a rent deposit for the purposes of this section.

Post-dated cheques

112. Neither a landlord nor a tenancy agreement shall require a tenant to provide post-dated cheques or other negotiable instruments for payment of rent.

GENERAL RULES CONCERNING AMOUNT OF RENT CHARGED

Landlord not to charge more than lawful rent

113. (1) No landlord shall charge rent for a rental unit in an amount that is greater than the lawful rent permitted under this Part.

Lawful rent where discounts offered

(2) Where a landlord offers a discount in rent at the beginning of, or during, a tenancy, the lawful rent shall be calculated in accordance with the prescribed rules.

Landlord's duty, rent increases

114. No landlord shall increase the rent charged to a tenant for a rental unit, except in accordance with this Part.

LAWFUL RENT

Lawful rent when this Act comes into force

115. Unless otherwise prescribed, the lawful rent charged to a tenant for a rental unit for which there is a tenancy agreement in effect on the day this Part comes into force shall be the rent that was charged on the day before this section came into force or, if that amount was not lawfully charged under the Rent Control Act, 1992, the amount that it was lawful to charge on that day.

New tenant

116. Unless otherwise prescribed, the lawful rent for the first rental period under a new tenancy agreement is the rent first charged to the tenant.

Assignment without consent

117. (1) If a person occupies a rental unit as a result of an assignment of the unit without the consent of the landlord, the landlord may negotiate a new tenancy agreement with the person.

Overholding subtenant

(2) If a subtenant continues to occupy a rental unit after the end of the subtenancy and the tenant has abandoned the rental unit, the landlord may negotiate a new tenancy agreement with the subtenant.

Limitation

(3) Section 116 applies to tenancy agreements entered into under subsection (1) or (2) if they are entered into no later than 60 days after the landlord discovers the unauthorized occupancy.

Deemed assignment

(4) A person's occupation of a rental unit shall be deemed to be an assignment of the rental unit with the consent of the landlord as of the date the unauthorized occupancy began if,

(a) a tenancy agreement is not entered into under subsection (1) or (2) within the period set out in subsection (3);

(b) the landlord does not apply to the Tribunal under section 76 or 77 for an order evicting the person within 60 days of the landlord discovering the unauthorized occupancy.

12-month rule

118. (1) A landlord who is lawfully entitled to increase the rent charged to a tenant for a rental unit may do so only if at least 12 months have elapsed,

(a) since the day of the last rent increase for that tenant in that rental unit, if there has been a previous increase; or

(b) since the day the rental unit was first rented to that tenant, otherwise.

Exception

(2) An increase in rent under section 124 shall be deemed not to be an increase in rent for the purposes of this section.

Notice of rent increase required

119. (1) A landlord shall not increase the rent charged to a tenant for a rental unit without first giving the tenant at least 90 days notice of the landlord's intention to do so.

Contents of notice

(2) The notice shall be in a form approved by the Tribunal and shall set out the landlord's intention to increase the rent and the amount of the new rent.

Increase void without notice

(3) An increase in rent is void if the landlord has not given the notice required by this section, and before the landlord can take the increase the landlord must give a new notice.

Deemed acceptance where no notice of termination

120. A tenant who does not give a landlord notice of termination of a tenancy under section 44 after receiving notice of an intended rent increase under section 119 shall be deemed to have accepted whatever rent increase would be allowed under this Act after the landlord and the tenant have exercised their rights under this Act.

GUIDELINE

Guideline increase

121. (1) No landlord may increase the rent charged to a tenant or to an assignee under section 17 during the term of their tenancy by more than the guideline except in accordance with sections 122 to 129.

Guideline

(2) The Minister shall determine the guideline in effect for each calendar year as follows:

1. Determine the rent control index taking into account the weights and the three year moving averages of the operating cost categories as set out in the prescribed Table.

2. The part of the guideline allocated to operating costs is equal to 55 per cent of the percentage increase in the rent control index, rounded to the nearest 1/10th of 1 per cent.

3. The guideline is the sum of the part of the guideline allocated to operating costs and 2 per cent.

Publication of guideline

(3) The Minister shall have the guideline for each year published in The Ontario Gazette not later than the 31st day of August of the preceding year.

Guideline for 1997

(4) The guideline for the calendar year 1997 shall be the rent control guideline for 1997 established under the Rent Control Act, 1992.

AGREEMENTS TO INCREASE, DECREASE RENT

Agreement

122. (1) A landlord and a tenant may agree to increase the rent charged to the tenant for a rental unit above the guideline if,

(a) the landlord has carried out or undertakes to carry out a specified capital expenditure in exchange for the rent increase; or

(b) the landlord has provided or undertakes to provide a new or additional service in exchange for the rent increase.

Same

(2) An agreement under subsection (1) shall be in the form approved by the Tribunal and shall set out the new rent, the tenant's right under subsection (4) to cancel the agreement and the date the agreement is to take effect.

Same

(3) A landlord shall not increase rent charged under this section by more than the guideline plus 4 per cent of the previous lawful rent charged.

Right to cancel

(4) A tenant who enters into an agreement under this section may cancel the agreement by giving written notice to the landlord within five days after signing it.

Agreement in force

(5) An agreement under this section may come into force no earlier than six days after it has been signed.

Notice of rent increase not required

(6) Section 119 does not apply with respect to a rent increase under this section.

When prior notice void

(7) Despite any deemed acceptance of a rent increase under section 120, if a landlord and tenant enter into an agreement under this section, a notice of rent increase given by the landlord to the tenant before the agreement was entered into becomes void when the agreement takes effect, if the notice of rent increase is to take effect on or after the day the agreed to increase is to take effect.

Tenant application

123. (1) A tenant or former tenant may apply to the Tribunal for relief if the landlord and the tenant or former tenant agreed to an increase in rent under section 122 and,

(a) the landlord has failed in whole or in part to carry out an undertaking under the agreement;

(b) the agreement was based on work that the landlord claimed to have done but did not do; or

Time limitation

(2) No application may be made under this section more than two years after the rent increase becomes effective.

Order

(3) In an application under this section, the Tribunal may find that some or all of the rent increase above the guideline is invalid from the day on which it took effect and may order the rebate of any money consequently owing to the tenant or former tenant.

Additional services, etc.

124. (1) A landlord may increase the rent charged to a tenant for a rental unit as prescribed at any time if the landlord and the tenant agree that the landlord will add any of the following with respect to the tenant's occupancy of the rental unit:

1. A parking space.

2. A prescribed service, facility, privilege, accommodation or thing.

Non-application of 12-month rule, notice of rent increase

(2) Sections 118 and 119 do not apply with respect to a rent increase under this section.

Coerced agreement void

125. An agreement under section 122 or 124 is void if it has been entered into as a result of coercion or as a result of a false, incomplete or misleading representation by the landlord or an agent of the landlord.

Decrease in services, etc.

126. A landlord shall decrease the rent charged to a tenant for a rental unit as prescribed if the landlord and the tenant agree that the landlord will cease to provide anything referred to in subsection 124 (1) with respect to the tenant's occupancy of the rental unit.

ADDITIONAL GROUNDS FOR RENT INCREASE

Increase to maximum rent

127. (1) If, on the day this section is proclaimed in force, a landlord charges rent to a tenant or to an assignee under section 17 for a rental unit in an amount less than the maximum rent for the rental unit under the Rent Control Act, 1992, the landlord may, while the tenant or assignee is still the tenant of the rental unit, increase the rent charged to that tenant up to the maximum rent determined under subsection (2).

Maximum rent

(2) For the purposes of subsection (1), the maximum rent is the amount determined by,

(a) determining the maximum rent under the Rent Control Act, 1992 on the day before this section was proclaimed in force;

(b) adding to that amount any increases in maximum rent resulting from an order issued under section 21 of the Rent Control Act, 1992 or a notice of carry forward issued under section 22 of that Act; and

(c) subtracting from that amount the amount of any decreases in maximum rent ordered under section 28 or 33 of the Rent Control Act, 1992.

LANDLORD APPLICATION FOR RENT INCREASE

Increased operating costs, capital expenditures

128. (1) A landlord may apply to the Tribunal for an order allowing the lawful rent to be increased by more than the guideline for any or all of the rental units in a residential complex in either or both of the following cases:

1. An extraordinary increase in the cost for municipal taxes and charges or utilities or both for the whole residential complex.

2. Capital expenditures incurred respecting the residential complex or one or more of the rental units in it.

Same

(2) An increase in the cost of municipal taxes and charges or utilities is extraordinary if it is greater than the percentage increase set out for the corresponding cost category recognized in the Table referred to in subsection 121 (2).

When application made

(3) An application under this section shall be made at least 90 days before the effective date of the first intended rent increase referred to in the application.

Rent chargeable before order

(4) If an application is made under this section and the landlord has given a notice of rent increase as required, until an order authorizing the rent increase for the rental unit takes effect, the landlord shall not require the tenant to pay a rent that exceeds the lesser of,

(a) the new rent specified in the notice; and

(b) the greatest amount that the landlord could charge without applying for a rent increase.

Tenant may pay full amount

(5) Despite subsection (4), the tenant may choose to pay the amount set out in the notice of rent increase pending the outcome of the landlord's application and, if the tenant does so, the landlord shall owe to the tenant any amount paid by the tenant exceeding the amount allowed by the order of the Tribunal.

Order

(6) In an application under this section, the Tribunal shall make findings in accordance with the prescribed rules with respect to all of the grounds of the application and shall order the percentage rent increase that may be taken and the time period as prescribed, during which it may be taken.

Same

(7) In making findings in an application under paragraph 2 of subsection (1), the Tribunal may disallow a capital expenditure if, in the Tribunal's opinion, the expenditure is unreasonable or of no benefit to the tenants affected by it.

Limitation re capital expenditures

(8) The Tribunal shall not make an order with respect to a rental unit that increases the lawful rent with respect to capital expenditures in an amount that is greater than 4 per cent of the previous lawful rent.

Same

(9) If the Tribunal determines with respect to a rental unit that an increase in lawful rent with respect to capital expenditures of more than 4 per cent of the previous lawful rent is justified, the Tribunal shall also order, in accordance with the prescribed rules, increases in rent for the following years in an amount not to exceed in any year 4 per cent of the lawful rent for the previous year, until the total increase has been taken.

Order not to apply to new tenant

(10) An order of the Tribunal under subsection (6) or (9) with respect to a rental unit ceases to be of any effect on and after the day a new tenant enters into a new tenancy agreement with the landlord if that agreement takes effect on or after the day that is 90 days before the first effective date of a rent increase in the order.

Two ordered increases

129. If an order is made under subsection 128 (6) with respect to a rental unit and a landlord has not yet taken all the increases in rent for the rental unit permissible under a previous order under subsection 128 (9), the landlord may increase the rent for the rental unit in accordance with the prescribed rules.

ILLEGAL ADDITIONAL CHARGES

Additional charges prohibited

130. (1) Unless otherwise prescribed, no landlord shall, directly or indirectly, with respect to any rental unit,

(a) collect or require or attempt to collect or require from a tenant or prospective tenant of the rental unit a fee, premium, commission, bonus, penalty, key deposit or other like amount of money whether or not the money is refundable;

(b) require or attempt to require a tenant or prospective tenant to pay any consideration for goods or services as a condition for granting the tenancy or continuing to permit occupancy of a rental unit if that consideration is in addition to the rent the tenant is lawfully required to pay to the landlord; or

(c) rent any portion of the rental unit for a rent which, together with all other rents payable for all other portions of the rental unit, is a sum that is greater than the rent the landlord lawfully may charge for the rental unit.

Same

(2) No superintendent, property manager or other person who acts on behalf of a landlord with respect to a rental unit shall, directly or indirectly, with or without the authority of the landlord, do any of the things mentioned in clause (1) (a), (b) or (c) with respect to that rental unit.

Same

(3) Unless otherwise prescribed, no tenant and no person acting on behalf of the tenant shall, directly or indirectly,

(a) sublet a rental unit for a rent that is greater than the rent that is lawfully charged by the landlord for the rental unit;

(b) sublet any portion of the rental unit for a rent which, together with all other rents payable for all other portions of the rental unit, is a sum that is greater than the rent that is lawfully charged by the landlord for the rental unit;

(c) collect or require or attempt to collect or require from any person any fee, premium, commission, bonus, penalty, key deposit or other like amount of money, for subletting a rental unit or any portion of it, for surrendering occupancy of a rental unit or for otherwise parting with possession of a rental unit; or

(d) require or attempt to require a person to pay any consideration for goods or services as a condition for the subletting, assignment or surrender of occupancy or possession in addition to the rent the person is lawfully required to pay to the tenant or landlord.

Rent deemed lawful

131. On and after the day that is six months after this section is proclaimed in force, rent charged to a tenant one or more years earlier shall be deemed to be lawful unless it is found to be unlawful in an application made under this Act or a predecessor to it within that one year period.

APPLICATIONS TO TRIBUNAL BY TENANT

Reduction in rent, reduction in services

132. (1) A tenant of a rental unit may apply to the Tribunal for an order for a reduction of the rent charged for the rental unit due to a reduction or discontinuance in services or facilities provided in respect of the rental unit or the residential complex.

Same, former tenant

(2) A former tenant of a rental unit may apply under this section as a tenant of the rental unit if the person was affected by the discontinuance or reduction of the services or facilities while the person was a tenant of the rental unit.

Order re lawful rent

(3) The Tribunal shall make findings in accordance with the prescribed rules and may order,

(a) that the rent charged be reduced by a specified amount;

(b) that there be a rebate to the tenant of any rent found to have been unlawfully collected by the landlord.

Same

(4) An order under this section reducing rent takes effect on the day that the discontinuance or reduction first occurred.

Same, time limitation

(5) No application may be made under this section more than one year after a reduction or discontinuance in a service or facility.

Reduction in rent, reduction in taxes

133. (1) A tenant of a rental unit may apply to the Tribunal for an order for a reduction of the rent charged for the rental unit due to a reduction in the municipal taxes and charges for the residential complex.

Order

(2) The Tribunal shall make findings in accordance with the prescribed rules and may order that the rent charged for the rental unit be reduced.

Money collected illegally

134. (1) A tenant or former tenant of a rental unit may apply to the Tribunal for an order that the landlord, superintendent or agent of the landlord pay to the tenant any money the person collected or retained in contravention of this Act, the Rent Control Act, 1992 or Part IV of the Landlord and Tenant Act.

Prospective tenants

(2) A prospective tenant may apply to the Tribunal for an order under subsection (1).

Subtenants

(3) A subtenant may apply to the Tribunal for an order under subsection (1) as if the subtenant were the tenant and the tenant were the landlord.

Time limitation

(4) No order shall be made under this section with respect to an application filed more than one year after the person collected or retained money in contravention of this Act, the Rent Control Act, 1992 or Part IV of the Landlord and Tenant Act.

PART VII

VITAL SERVICES AND MAINTENANCE STANDARDS

VITAL SERVICES

Definitions

135. In this section and sections 136 to 143,

"local municipality" has the same meaning as in the Municipal Act; ("municipalité locale")

"vital services by-law" means a by-law passed under section 136. ("règlement municipal relatif aux services essentiels")

By-laws respecting vital services

136. (1) The council of a local municipality may pass by-laws,

(a) requiring every landlord to provide adequate and suitable vital services to each of the landlord's rental units;

(b) prohibiting a supplier from ceasing to provide the vital service until a notice has been given under subsection 137 (1);

(c) requiring a supplier to promptly restore the vital service when directed to do so by an official named in the by-law;

(d) prohibiting a person from hindering, obstructing or interfering with or attempting to hinder, obstruct or interfere with the official or person referred to in subsection 138 (1) in the exercise of a power or performance of a duty under this section or sections 137 to 143;

(e) providing that a person who contravenes or fails to comply with a by-law is guilty of an offence for each day or part of a day on which the offence occurs or continues;

(f) providing that every director or officer of a corporation that is convicted of an offence who knowingly concurs in the commission of the offence is guilty of an offence;

(g) authorizing an official named in the by-law to enter into agreements on behalf of a local municipality with suppliers of vital services to ensure that adequate and suitable vital services are provided for rental units.

Exception

(2) A vital services by-law does not apply to a landlord with respect to a rental unit to the extent that the tenant has expressly agreed to obtain and maintain the vital services.

Contents of vital services by-law

(3) A vital services by-law may,

(a) classify buildings or parts of buildings for the purposes of the by-law and designate the classes to which it applies;

(b) designate areas of the local municipality in which the by-law applies;

(d) prohibit a landlord from ceasing to provide a vital service for a rental unit except when necessary to alter or repair the rental unit and only for the minimum period necessary to effect the alteration or repair;

(e) provide that a landlord shall be deemed to have caused the cessation of a vital service for a rental unit ifthe landlord is obligated to pay the supplier for the vital service and fails to do so and, as a result of the non-payment, the vital service is no longer provided for the rental unit.

Notice by supplier

137. (1) A supplier shall give notice of an intended discontinuance of a vital service only if the vital service is to be discontinued for the rental unit because the landlord has breached a contract with the supplier for the supply of the vital service.

Same

(2) The notice shall be given in writing to the clerk of the local municipality at least 30 days before the supplier ceases to provide the vital service.

Inspection

138. (1) An official named in the by-law or a person acting under his or her instructions may, at all reasonable times, enter and inspect a building or part of a building with respect to which the by-law applies for the purpose of determining compliance with the by-law or a direction given under subsection 141 (1).

Same

(2) Despite subsection (1), the official or person shall not enter a rental unit,

(a) unless he or she has obtained the consent of the occupier of the rental unit after informing him or her that he or she may refuse permission to enter the unit; or

(b) unless he or she is authorized to do so by a warrant issued under section 192.

Services by municipality

139. (1) If a landlord does not provide a vital service for a rental unit in accordance with a vital services by-law, the local municipality may arrange for the service to be provided.

Lien

(2) The amount spent by the local municipality under subsection (1) plus an administrative fee of 10 per cent of that amount shall, on registration of a notice of lien in the appropriate land registry office, be a lien in favour of the local municipality against the property at which the vital service is provided.

Not special lien

(3) Section 382 of the Municipal Act does not apply with respect to the amount spent and the fee, and no special lien is created under that section.

Certificate

(4) The certificate of the clerk of the local municipality as to the amount spent is proof, in the absence of evidence to the contrary, of the amount.

Interim certificate

(5) Before issuing a certificate referred to in subsection (4), the clerk shall send an interim certificate by registered mail to the registered owner of the property that is subject to the lien and to all mortgagees or other encumbrancers registered on title.

Appeal

140. An affected owner, mortgagee or other encumbrancer may, within fifteen days after the interim certificate is mailed, appeal the amount shown on it to the council of the local municipality.

Payments transferred

141. (1) If the local municipality has arranged for a vital service to be provided to a rental unit, an official named in the vital services by-law may direct a tenant to pay any or all of the rent for the rental unit to the local municipality.

Effect of payment

(2) Payment by a tenant under subsection (1) shall be deemed not to constitute a default in the payment of rent due under a tenancy agreement or a default in the tenant's obligations for the purposes of this Act.

Use of money

142. (1) The local municipality shall apply the rent received from a tenant to reduce the amount that it spent to provide the vital service and the related administrative fee.

Accounting and payment of balance

(2) The local municipality shall provide the person otherwise entitled to receive the rent with an accounting of the rents received for each individual rental unit and shall pay to that person any amount remaining after the rent is applied in accordance with subsection (1).

Immunity

143. (1) No proceeding for damages or otherwise shall be commenced against an official or a person acting under his or her instructions or against an employee or agent of a local municipality for any act done in good faith in the performance orintended performance of a duty or authority under any of sections 135 to 142 or under a by-law passed under section 136 or for any alleged neglect or default in the performance in good faith of the duty or authority.

Same

(2) Subsection (1) does not relieve a local municipality of liability to which it would otherwise be subject with respect to a tort committed by an official or a person acting under his or her instructions or by an employee or agent of the local municipality.

MAINTENANCE STANDARDS

Application of prescribed standards

144. (1) The prescribed maintenance standards apply to a residential complex and the rental units located in it if,

(a) the residential complex is located in unorganized territory;

(b) there is no municipal property standards by-law that applies to the residential complex; or

Minister to receive complaints

(2) The Minister shall receive any written complaint from a current tenant of a rental unit respecting the standard of maintenance that prevails with respect to the rental unit or the residential complex in which it is located if the prescribed maintenance standards apply to the residential complex.

Complaints to be investigated

(3) Upon receiving a complaint respecting a residential complex or a rental unit in it, the Minister shall cause an inspector to make whatever inspection the Minister considers necessary to determine whether the landlord has complied with the prescribed maintenance standards.

Cost of inspection

(4) The Minister may charge a municipality and the municipality shall pay the Minister for the cost, as prescribed, associated with inspecting a residential complex in the municipality, for the purposes of investigating a complaint under this section and ensuring compliance with a work order under section 145.

Same

(5) If a municipality fails to make payment in full within 60 days after the Minister issues a notice of payment due under subsection (4), the notice of payment may be filed in the OntarioCourt (General Division) and enforced as if it were a court order.

Inspector's work order

145. (1) If an inspector is satisfied that the landlord of a residential complex has not complied with a prescribed maintenance standard that applies to the residential complex, the inspector may make and give to the landlord a work order requiring the landlord to comply with the prescribed maintenance standard.

Same

(2) The inspector shall set out in the order,

(a) the municipal address or legal description of the residential complex;

(b) reasonable particulars of the work to be performed;

(d) the time limit for applying under section 146 to the Tribunal for a review of the work order.

Common areas of condominium

(3) If the work required to be performed in the work order relates only to common areas in a condominium building, the inspector shall give the work order only to the condominium corporation and no individual owner of a condominium unit is entitled to notice of the work order.

Review of work order

146. (1) If a landlord who has received an inspector's work order is not satisfied with its terms, the landlord may, within 20 days after the day the order is issued, apply to the Tribunal for a review of the work order.

Order

(2) On an application under subsection (1), the Tribunal may, by order,

(a) confirm or vary the inspector's work order;

(b) rescind the work order, if it finds that the landlord has complied with it; or

PART VIII

ONTARIO RENTAL HOUSING TRIBUNAL

Tribunal established

147. (1) A tribunal to be known as the Ontario Rental Housing Tribunal in English and Tribunal du logement de l'Ontario in French is hereby established.

Tribunal's jurisdiction

(2) The Tribunal has exclusive jurisdiction to determine all applications under this Act and with respect to all matters in which jurisdiction is conferred on it by this Act.

Access to rent information

(3) The Registrar under the Rent Control Act, 1992 shall give to the Tribunal all information contained in the Rent Registry under that Act and the Tribunal shall provide any of that information to members of the public on request.

Transitional

(4) The Director of Rent Control under the Rent Control Act, 1992 shall give to the Tribunal, for its use, all records held by the Director that may be of assistance to the Tribunal in carrying out its powers and duties under this Act.

Composition

148. (1) The members of the Tribunal shall be appointed by the Lieutenant Governor in Council.

Remuneration and expenses

(2) The members of the Tribunal who are not members of the public service of Ontario shall be paid the remuneration fixed by the Lieutenant Governor in Council and the reasonable expenses incurred in the course of their duties under this Act, as determined by the Minister.

Public servant members

(3) Members of the Tribunal may be persons who are appointed or transferred under the Public Service Act.

Chair and vice-chair

149. (1) The Lieutenant Governor in Council shall appoint one member of the Tribunal as chair and one or more members as vice-chairs.

Same

(2) The Chair may designate a vice-chair who shall exercise the powers and perform the duties of the chair when the chair is absent or unable to act.

Chair, chief executive officer

(3) The Chair shall be the chief executive officer of the Tribunal.

Quorum

150. One member of the Tribunal is sufficient to conduct a proceeding under this Act.

Conflict of interest

151. The members of the Tribunal shall file with the Tribunal a written declaration of any interests they have in residential rental property, and shall be required to comply with any conflict of interest guidelines or rules of conduct established by the Chair.

Power to determine law and fact

152. The Tribunal has authority to hear and determine all questions of law and fact with respect to all matters within its jurisdiction under this Act.

Members, mediators not compellable

153. No member of the Tribunal or person employed as a mediator by the Tribunal shall be compelled to give testimony or produce documents in a civil proceeding with respect to matters that come to his or her knowledge in the course of exercising his or her duties under this Act.

Rules and Guidelines Committee

154. (1) The Chair of the Tribunal shall establish a Rules and Guidelines Committee to be composed of the Chair, as Chair of the Committee, and any other members of the Tribunal the Chair may from time to time appoint to the Committee.

Committee shall adopt rules

(2) The Committee shall adopt rules of practice and procedure governing the practice and procedure before the Tribunal under the authority of this section and section 25.1 of the Statutory Powers Procedure Act.

Committee may adopt guidelines

(3) The Committee may adopt non-binding guidelines to assist members in interpreting and applying the Act and the regulations made under it.

Means of adoption

(4) The Committee shall adopt the rules and guidelines by simple majority, subject to the right of the Chair to veto the adoption of any rule or guideline.

Make public

(5) The Tribunal shall make its rules, guidelines and approved forms available to the public.

Transitional

(6) The Minister of Municipal Affairs and Housing may establish temporary rules of practice and procedure and guidelines for the Tribunal and those rules and guidelines shall be in force as rules and guidelines of the Tribunal until the Rules and Guidelines Committee adopts rules and guidelines for the Tribunal.

Information on rights and obligations

155. The Tribunal shall provide information to landlords and tenants about their rights and obligations under this Act.

Employees

156. Employees may be appointed for the purposes of the Tribunal in accordance with the regulations.

Professional assistance

157. The Tribunal may engage persons other than its members or employees to provide professional, technical, administrative or other assistance to the Tribunal and may establish the duties and terms of engagement and provide for the payment of the remuneration and expenses of those persons.

Annual Report

158. (1) At the end of each year, the Tribunal shall file with the Minister an annual report on its affairs.

Further reports and information

(2) The Tribunal shall make further reports and provide information to the Minister from time to time as required by the Minister.

Tabled with Assembly

(3) The Minister shall submit any reports received from the Tribunal to the Lieutenant Governor in Council and then shall table them with the Assembly if it is in session or, if not, at the next session.

Tribunal may set, charge fees

159. (1) The Tribunal, subject to the approval of the Minister, may set and charge fees,

(a) for making an application under this Act or requesting a review of an order under section 21.2 of the Statutory Powers Procedure Act;

(b) for furnishing copies of forms, notices or documents filed with or issued by the Tribunal or otherwise in the possession of the Tribunal; or

Same

(2) The Tribunal may treat different kinds of applications differently in setting fees and may base fees on the number of residential units affected by an application.

Make fees public

(3) The Tribunal shall ensure that its fee structure is available to the public.

Fee refunded, review

160. The Tribunal may refund a fee paid for requesting a review of an order under section 21.2 of the Statutory Powers Procedure Act if, on considering the request, the Tribunal varies, suspends or cancels the original order.

PART IX

PROCEDURE

Expeditious procedures

161. The Tribunal shall adopt the most expeditious method of determining the questions arising in a proceeding that affords to all persons directly affected by the proceeding an adequate opportunity to know the issues and be heard on the matter.

Form of application

162. (1) An application shall be filed with the Tribunal in the form approved by the Tribunal, shall contain the prescribed information and shall be signed by the applicant.

Application filed by agent

(2) An applicant may give an agent written authorization to sign an application and, if the applicant does so, the Tribunal may require the agent to file a copy of the authorization.

Combining applications

163. (1) A tenant may combine several applications into one application.

Same

(2) Two or more tenants of a residential complex may together file an application that may be filed by a tenant if each tenant applying in the application signs it.

Same

(3) A landlord may combine several applications relating to a given tenant into one application, so long as the landlord does not combine an application for a rent increase with any other application.

Parties

164. (1) The parties to an application are the landlord and any tenants or other persons directly affected by the application.

Add or remove parties

(2) The Tribunal may add or remove parties as the Tribunal considers appropriate.

Service of application

165. (1) An applicant to the Tribunal shall give the other parties to the application a copy of the application within the time set out in the Rules.

Service of notice of hearing

(2) Despite the Statutory Powers Procedure Act, an applicant shall give a copy of any notice of hearing issued by the Tribunal in respect of an application to the other parties to the application.

Certificate of service

(3) A party shall file with the Tribunal a certificate of service in the form approved by the Tribunal in the circumstances set out in the Rules.

Tribunal may extend, shorten time

166. (1) The Tribunal may extend or shorten the time requirements related to making an application under section 128 or under section 146 in accordance with the Rules.

Same

(2) The Tribunal may extend or shorten the time requirements with respect to any matter in its proceedings in accordance with the Rules other than time requirements for making an application.

File dispute

167. (1) A respondent wishing to dispute the following applications must do so by filing a dispute in writing with the Tribunal:

1. An application to terminate a tenancy or to evict a person.

2. A landlord's application for arrears of rent, compensation, damages or for the payment of money as a result of misrepresentation of income.

3. A tenant's application under section 134.

4. A tenant's application claiming that a landlord unreasonably withheld consent to an assignment or subletting of a rental unit.

Same

(2) The time for filing a dispute shall be,

(a) in the case of an application to terminate a tenancy or to evict a person, five days after the applicant has served the notice of hearing on the respondent; and

(b) in the case of any other application, within the time provided for in the Rules.

How notice or document given

168. (1) A notice or document is sufficiently given to a person other than the Tribunal,

(a) by handing it to the person;

(b) if the person is a landlord, by handing it to an employee of the landlord exercising authority in respect of the residential complex to which the notice or document relates;

(d) by leaving it in the mail box where mail is ordinarily delivered to the person;

(e) if there is no mail box, by leaving it at the place where mail is ordinarily delivered to the person;

(f) by sending it by mail to the last known address where the person resides or carries on business; or

(g) by any other means allowed in the Rules.

When notice deemed valid

(2) A notice or document that is not given in accordance with this section shall be deemed to have been validly given if it is proven that its contents actually came to the attention of the person for whom it was intended within a reasonable time before the hearing.

Mail

(3) A notice or document given by mail shall be deemed to have been given on the fifth day after mailing.

How notice or document given to Tribunal

169. (1) A notice or document is sufficiently given to the Tribunal,

(a) by hand delivering it to the Tribunal at the appropriate office as set out in the Rules;

(b) by sending it by mail to the appropriate office as set out in the Rules; or

Same

(2) A notice or document given to the Tribunal by mail shall be deemed to have been given on the earlier of the fifth day after mailing and the day on which the notice or the document was actually received.

Time

170. Time shall be computed in accordance with the Rules.

Tribunal may mediate

171. (1) The Tribunal may attempt to mediate a settlement of any matter that is the subject of an application if the parties consent to the mediation.

Settlement may override Act

(2) Despite subsection 2 (1) and subject to subsection (3), a settlement mediated under this section may contain provisions that contravene any provision under this Act.

Exception

(3) The largest rent increase that can be mediated under this section for a rental unit that is not a mobile home or a land lease home is equal to the greater of,

(a) a rent increase up to the maximum rent permitted under section 127;

(b) the sum of the guideline and 4 per cent of the previous year's lawful rent.

Successful mediation

(4) If some or all of the issues with respect to an application are successfully mediated under this section, the Tribunal shall dispose of the application in accordance with the Rules.

Hearing

(5) If there is no mediated settlement, the Tribunal shall hold a hearing.

Money paid to Tribunal

172. (1) The Tribunal may, subject to the regulations, require a respondent to pay a specified sum into the Tribunalwithin a specified time where the Tribunal considers it appropriate to do so.

Rules re money paid

(2) The Tribunal may establish procedures in its rules for the payment of money into and out of the Tribunal.

Refuse to consider evidence, money not paid

(3) The Tribunal may refuse to consider the evidence and submissions of a respondent if the respondent fails to pay the specified sum within the specified time.

Where Tribunal may dismiss

173. (1) The Tribunal may dismiss an application without holding a hearing or refuse to allow an application to be filed if, in the opinion of the Tribunal, the matter is frivolous or vexatious, has not been initiated in good faith or discloses no reasonable cause of action.

Same

(2) The Tribunal may dismiss a proceeding without holding a hearing if the Tribunal finds that the applicant filed documents that the applicant knew or ought to have known contained false or misleading information.

SPPA applies

174. The Statutory Powers Procedure Act applies with respect to all proceedings before the Tribunal.

Applications joined

175. (1) Despite the Statutory Powers Procedures Act, the Tribunal may direct that two or more applications be joined or heard together if the Tribunal believes it would be fair to determine the issues raised by them together.

Applications severed

(2) The Tribunal may order that applications that have been joined be severed or that applications that had been ordered to be heard together be heard separately.

Amend application

176. (1) An applicant may amend an application at any time in a proceeding on notice, with the consent of the Tribunal.

Withdraw application

(2) Subject to subsection (3), an applicant may withdraw an application at any time before the hearing begins.

Same, harassment

(3) An applicant may withdraw an application under paragraph 7 of subsection 30 (1) only with the consent of the Tribunal.

Same

(4) An applicant may withdraw an application after the hearing begins with the consent of the Tribunal.

Other powers of Tribunal

177. (1) The Tribunal may, before, during or after a hearing,

(a) conduct any inquiry it considers necessary or authorize an employee of the Tribunal to do so;

(b) request an inspector or an employee of the Tribunal to conduct any inspection it considers necessary;

(c) question any person, by telephone or otherwise, concerning the dispute or authorize an employee of the Tribunal to do so;

(d) permit or direct a party to file additional evidence with the Tribunal which the Tribunal considers necessary to make its decision; or

(e) view premises that are the subject of the hearing.

Same

(2) In making its determination, the Tribunal may consider any relevant information obtained by the Tribunal in addition to the evidence given at the hearing, provided that it first informs the parties of the additional information and gives them an opportunity to explain or refute it.

Same

(3) If a party fails to comply with a direction under clause (1) (d), the Tribunal may,

(a) refuse to consider the party's submissions and evidence respecting the matter regarding which there was a failure to comply; or,

(b) if the party who has failed to comply is the applicant, dismiss all or part of the application.

Parties may view premises with Tribunal

(4) If the Tribunal intends to view premises under clause (1) (e), the Tribunal shall give the parties an opportunity to view the premises with the Tribunal.

Findings of Tribunal

178. In making findings on an application, the Tribunal shall ascertain the real substance of all transactions and activities relating to a residential complex or a rental unit and the good faith of the participants and in doing so,

(a) may disregard the outward form of a transaction or the separate corporate existence of participants; and

(b) may have regard to the pattern of activities relating to the residential complex or the rental unit.

Conditions in order

179. (1) The Tribunal may include in an order whatever conditions it considers fair in the circumstances.

Order re costs

(2) The Tribunal may order a party to an application to pay the costs of another party.

Same

(3) The Tribunal may order that its costs of a proceeding be paid by a party or a paid agent or counsel to a party.

Same

(4) The amount of an order for costs shall be determined in accordance with the Rules.

Order payment

180. (1) The Tribunal may include in an order the following provision:

"The landlord or the tenant shall pay to the other any sum of money that is owed as a result of this order."

Payment of order by instalments

(2) If the Tribunal makes an order for a rent increase above the guideline and the order is made three months or more after the first effective date of a rent increase in the order, the Tribunal may provide in the order that if a tenant owes any sum of money to the landlord as a result of the order, the tenant may pay the landlord the amount owing in monthly instalments.

Same

(3) If an order made under subsection (2) permits a tenant to pay the amount owing by instalments, the tenant may do so even if the tenancy is terminated.

Default orders

181. (1) If a claim set out in one of the following paragraphs is not disputed, the Tribunal may, without holding a hearing, make an order in accordance with the claim, as provided in that paragraph:

1. An application to terminate a tenancy or to evict a person.

2. A landlord's application for arrears of rent, compensation, damages or for the payment of money as a result of misrepresentation of income.

3. A tenant's application under section 134 (money collected illegally).

4. A tenant's application claiming that a landlord unreasonably withheld consent to an assignment or subletting of a rental unit.

Setting order aside

(2) The respondent may, within 10 days after the order is issued, make a motion to the Tribunal on notice to the applicant to have the order set aside.

Same

(3) An order under subsection (1) is stayed when a motion to have the order set aside is received by the Tribunal and shall not be enforced under this Act or as an order of a court during the stay.

Same

(4) The Tribunal may set aside the order if satisfied that the respondent was not reasonably able to participate in the proceeding and the Tribunal shall then proceed to hear the merits of the application.

Monetary jurisdiction of Tribunal

182. (1) The Tribunal may, where it otherwise has the jurisdiction, order the payment of an amount of money up to $10,000 or the monetary jurisdiction of the Small Claims Court in the area where the residential complex is located, whichever is greater.

Same

(2) If a party makes a claim in an application for payment of a sum equal to or less than the Tribunal's monetary jurisdiction, all rights of the party in excess of the Tribunal's monetary jurisdiction are extinguished once the Tribunal issues its order.

Order may provide deduction from rent

(3) If a landlord is ordered to pay a sum of money to a person who is a current tenant of the landlord at the time of the order, the order may provide that if the landlord fails to pay the amount owing, the tenant may recover that amount plus interest by deducting a specified sum from the tenant's rent paid to the landlord for a specified number of rental periods.

Same

(4) Nothing in subsection (3) limits the right of the tenant to collect at any time the full amount owing or any balance outstanding under the order.

Post-judgment interest

(5) The Tribunal may set a date on which payment of money ordered by the Tribunal must be made and interest shall accrue on money owing only after that date at the post-judgment interest rate under section 127 of the Courts of Justice Act.

Order final, binding

183. Except where this Act provides otherwise, an order of the Tribunal is final, binding and not subject to review except under section 21.2 of the Statutory Powers Procedure Act.

Appeal rights

184. (1) Any person affected by an order of the Tribunal may appeal the order to the Divisional Court within 30 days after being given the order, but only on a question of law.

Tribunal to receive notice

(2) A person appealing an order under this section shall give to the Tribunal any documents relating to the appeal.

Tribunal may be heard by counsel

(3) The Tribunal is entitled to be heard by counsel or otherwise upon the argument on any issue in an appeal.

Powers of Court

(4) If an appeal is brought under this section, the Divisional Court shall hear and determine the appeal and may,

(a) affirm, rescind, amend or replace the decision or order; or

(b) remit the matter to the Tribunal with the opinion of the Divisional Court.

Same

(5) The Divisional Court may also make any other order in relation to the matter that it considers proper and may make any order with respect to costs that it considers proper.

Tribunal may appeal Court decision

185. The Tribunal is entitled to appeal a decision of the Divisional Court on an appeal of a Tribunal order as if the Tribunal were a party to the appeal.

Substantial compliance sufficient

186. Substantial compliance with this Act respecting the contents of forms, notices or documents is sufficient.

Contingency fees, limitation

187. (1) No agent who represents a landlord or a tenant in a proceeding under this Act or who assists a landlord or tenant in a matter arising under this Act shall charge or take a fee based on a proportion of any amount which has been or may be recovered, gained or saved, in whole or in part, through the efforts of the agent, where the proportion exceeds the prescribed amount.

Same

(2) An agreement that provides for a fee prohibited by subsection (1) is void.

PART X

GENERAL

ADMINISTRATION AND ENFORCEMENT

Duties of Minister

188. The Minister shall,

(a) monitor compliance with this Act;

(b) investigate cases of alleged failure to comply with this Act; and

(c) where the circumstances warrant, commence or cause to be commenced proceedings with respect to alleged failures to comply with this Act.

Delegation

189. The Minister may in writing delegate to any person any power or duty vested in the Minister under this Act, subject to the conditions set out in the delegation.

Investigators and inspectors

190. The Minister may appoint investigators for the purpose of investigating alleged offences and inspectors for the purposes of sections 144 and 145.

Entry and inspection

191. (1) Subject to subsection (2), an inspector or investigator may, at all reasonable times and upon producing proper identification, enter any property for the purpose of carrying out his or her duty under this Act and may,

(a) require the production of and inspect any records or other things that may be relevant to the inspection;

(b) inquire into any matters that may be relevant to the inspection; and

Where warrant required

(2) Except under the authority of a warrant issued under section 192, an inspector or investigator shall not enter any room or place actually used as a dwelling without requesting and obtaining the consent of the occupier, first having informed the occupier that the right of entry may be refused and entry made only under the authority of a warrant.

Warrant

192. (1) A provincial judge or justice of the peace may at any time issue a warrant in the prescribed form authorizing a person named in the warrant to enter and search a building, receptacle or place if the provincial judge or justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that an offence has been committed under this Act and the entry and search will afford evidence relevant to the commission of the offence.

Seizure

(2) In a warrant, the provincial judge or justice of the peace may authorize the person named in the warrant to seize anything that, based on reasonable grounds, will afford evidence relevant to the commission of the offence.

Receipt and removal

(3) Anyone who seizes something under a warrant shall,

(a) give a receipt for the thing seized to the person from whom it was seized; and

(b) bring the thing seized before the provincial judge or justice of the peace issuing the warrant or another provincial judge or justice to be dealt with according to law.

Expiry

(4) A warrant shall name the date upon which it expires, which shall be not later than 15 days after the warrant is issued.

Time of execution

(5) A warrant shall be executed between 6 a.m. and 9 p.m. unless it provides otherwise.

Other matters

(6) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications with respect to any thing seized under this section.

Protection from personal liability

193. (1) No proceeding for damages shall be commenced against an investigator, an inspector, a member of the Tribunal, a lawyer for the Tribunal or an officer or employee of the Ministry or the Tribunal for any act done in good faith in the performance or intended performance of any duty or in the exercise or intended exercise of any power under this Act or for any neglect or default in the performance or exercise in good faith of such a duty or power.

Crown liability

(2) Despite subsections 5_(2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of any liability to which it would otherwise be subject in respect of a tort committed by an investigator, an inspector, a member of the Tribunal, a lawyer for the Tribunal or an officer or employee of the Ministry or the Tribunal.

OFFENCES

Offences

194. (1) Any person who knowingly does any of the following is guilty of an offence:

1. Enter a rental unit where such entry is not permitted by section 20, 21 or 89 or enter without first complying with the requirements of section 20, 21 or 89.

2. Restrict reasonable access to the residential complex by political candidates or their authorized representatives in contravention of section 22.

3. Alter or cause to be altered the locking system on any door giving entry to a rental unit or the residential complex in a manner that contravenes section 23.

4. Charge or collect amounts from a tenant, a prospective tenant, a subtenant, a prospective subtenant, an assignee or a prospective assignee in contravention of section 130.

5. Seize any property of the tenant in contravention of section 29.

6. Recover possession of a rental unit without an order of the Tribunal in contravention of section 39.

7. Obtain possession of a rental unit improperly by giving a notice to terminate in bad faith.

8. Interfere with a tenant's right under section 99 to sell or lease his or her mobile home.

9. Furnish false or misleading information in any document filed in any proceeding under this Act or provided to an inspector, investigator, the Minister, a delegate of the Minister or any employee or official of the Tribunal.

10. Require or receive a security deposit from a tenant contrary to section 110.

11. Fail to pay to the tenant annually interest on the rent deposit held in respect of their tenancy in accordance with subsection 111 (6).

12. Fail to apply the rent deposit held in respect of a tenancy to the rent for the last month of the tenancy in contravention of subsection 111 (7).

13. Charge rent in an amount greater than permitted under the Act.

14. Coerce a tenant of a mobile home park or land lease community to enter into an agency agreement for the sale or lease of their mobile home or land lease home or to require an agency agreement as a condition of entering into a tenancy agreement.

15. Restrict the right of a tenant of a mobile home park or land lease community to purchase goods or services from the person of his or her choice in contravention of section 102.

16. Coerce a tenant to sign an agreement referred to in section 122.

17. Charge or collect rent proposed in an application in contravention of subsection 128 (4).

18. Withhold reasonable supply of a vital service, care service or food or deliberately interfere with the supply in contravention of section 25.

19. Fail to comply with any or all of the items contained in a work order issued under section 145.

20. Obstruct or interfere with an inspector or investigator exercising a power of entry under section 191.

21. Charge an illegal contingency fee in contravention of subsection 187 (1).

22. Harass, hinder, obstruct or interfere with a tenant in the exercise of,

i. securing a right or seeking relief under this Act or in the court,

ii. participating in a proceeding under this Act, or

iii. participating in a tenants' association or attempting to organize a tenants' association.

23. Harass, coerce, threaten or interfere with a tenant in such a manner that the tenant is induced to vacate the rental unit.

24. Contravene an order of the Tribunal under clause 33 (1) (a).

25. Give a notice of rent increase or a notice of increase of a charge in a care home without first giving an information package contrary to section 87.

26. Increase a charge for providing a care service or meals to a tenant in a care home in contravention of section 95.

27. Give a notice to terminate a tenancy under section 49 or 50 in contravention of section 52.

28. Recover possession of a rental unit without complying with the requirements of sections 53, 55 and 56.

29. Fail to afford a tenant a right of first refusal in contravention of section 52 or 54.

Same

(2) Any landlord or superintendent, agent or employee of the landlord who knowingly harasses a tenant or interferes with a tenant's reasonable enjoyment of a rental unit or the residential complex in which it is located is guilty of an offence.

Same

(3) Any person who knowingly attempts to commit any offence referred to in subsection (1) or (2) is guilty of an offence.

Same

(4) Every director or officer of a corporation who knowingly concurs in an offence is guilty of an offence.

Same

(5) A person, other than a corporation, who is guilty of an offence under this section is liable on conviction to a fine of not more than_$10,000.

Same

(6) A corporation that is guilty of an offence under this section is liable on conviction to a fine of not more than $50,000.

Limitation

(7) No proceeding shall be commenced respecting an offence under paragraph 9 of subsection (1) more than two years after the date on which the facts giving rise to the offence came to the attention of the Minister.

Same

(8) No proceeding shall be commenced respecting any other offence under this section more than two years after the date on which the offence was, or is alleged to have been, committed.

Proof of filed documents

195. (1) The production by a person prosecuting a person for an offence under this Act of a certificate, statement or document that appears to have been filed with or delivered to the Tribunal by or on behalf of the person charged with the offence shall be received as evidence that the certificate, statement or document was so filed or delivered.

Proof of making

(2) The production by a person prosecuting a person for an offence under this Act of a certificate, statement or document that appears to have been made or signed by the person charged with the offence or on the person's behalf shall be received as evidence that the certificate, statement or document was so made or signed.

REGULATIONS

Regulations

196. (1) The Lieutenant Governor in Council may make regulations,

1. prescribing services that are to be included or not included in the definition of care services in subsection 1 (1);

2. prescribing charges not to be included in the definition of "municipal taxes and charges" in subsection 1 (1);

3. prescribing classes of accommodation for the purposes of clause 3 (m);

4. prescribing grounds of an application for the purposes of clause 7 (1) (b);

5. respecting the rules for making findings for the purposes of subsection 7 (2);

6. prescribing the information that shall be contained in an information package for the purposes of section 87;

7. prescribing an amount for the purposes of section 107;

8. prescribing services and things for the purposes of section 109;

9. prescribing rules for calculating the lawful rent which may be charged where a landlord provides a tenant with a discount in rent at the beginning of, or during, a tenancy and the rules may differ for different types of discounts;

10. prescribing the circumstances under which lawful rent for the purposes of section 115 will be other than that provided for in section 115 and providing the lawful rent under those circumstances;

11. prescribing the circumstances under which lawful rent for the purposes of section 116 will be other than that provided for in section 116 and providing for the lawful rent under those circumstances;

12. prescribing the Table setting out the weights and operating costs categories needed to calculate the guideline;

13. respecting rules for increasing or decreasing rent charged for the purposes of sections 124 and 126;

14. prescribing services, facilities, privileges, accommodations and things for the purposes of paragraph 2 of subsection 124 (1);

15. prescribing rules with respect to making findings in an order under section 128 and prescribing time periods during which rent increases may be taken;

16. prescribing the rules for phasing in of an increase in rent for the purposes of subsection 128 (9);

17. prescribing rules for the purposes of section 129;

18. exempting specified payments from the operation of section 130;

19. prescribing the rules for making findings for the purposes of subsection 132 (3);

20. prescribing the rules for making findings for the purposes of subsection 133 (2);

21. prescribing maintenance standards for the purposes of section 144;

22. prescribing other criteria for determining areas in which maintenance standards apply for the purposes of subsection 144 (1);

23. respecting the amount or the determination of the amount the Minister may charge a municipality for the purposes of subsection 144 (4), including payments to inspectors, overhead costs related to inspections and interest on overdue accounts;

24. prescribing information to be filed with an application to the Tribunal;

25. respecting the appointment, including the status, duties and benefits, of employees of the Tribunal for the purposes of section 156;

26. restricting the circumstances in which the Tribunal may, under section 172, require a respondent to make a payment into the Tribunal;

27. prescribing an amount for the purposes of subsection 187 (1);

28. prescribing the form of a search warrant for the purposes of section 192;

29. prescribing any matter required or permitted by this Act to be prescribed;

30. defining any word or expression used in this Act that has not already been expressly defined in this Act.

Same

(2) A regulation made under subsection (1) may be general or particular in its application.

PART XI

MISCELLANEOUS

AMENDMENTS, REPEALS AND TRANSITIONAL PROVISIONS

RELATED TO RESIDENTIAL TENANCIES

Condominium Act

197. Subsection 51 (7) of the Condominium Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by striking out "Landlord and Tenant Act" in the seventh and eighth lines and substituting "Tenant Protection Act, 1996".

Consumer Reporting Act

198. Subclause 8 (1) (d) (ii) of the French version of the Consumer Reporting Act is amended by striking out "d'un bail" in the third line and substituting "d'une convention de location".

Co-operative Corporations Act

199. (1) Subsection 171.7 (1) of the Co-operative Corporations Act, as enacted by the Statutes of Ontario, 1992, chapter 19, section 23, is amended by striking out "Landlord and Tenant Act" at the beginning and substituting "Tenant Protection Act, 1996 and the Commercial Tenancies Act".

(2) Subsection 171.7 (2) of the Act, as enacted by the Statutes of Ontario, 1992, chapter 19, section 23, is amended by striking out "Landlord and Tenant Act" in the second line and substituting "Commercial Tenancies Act or the Tenant Protection Act, 1996".

Human Rights Code

200. (1) Section 21 of the Human Rights Code is amended by adding the following subsection:

Prescribing business practices

(3) The right under section 2 to equal treatment with respect to the occupancy of residential accommodation without discrimination is not infringed if a landlord uses in the manner prescribed under this Act income information, credit checks, credit references, rental history, guarantees or other similar business practices which are prescribed in the regulations made under this Act in selecting prospective tenants.

(2) Section 48 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 65, is further amended by adding the following clause:

(a.1) prescribing the manner in which income information, credit checks, credit references, rental history, guarantees or other similar business practices may be used by a landlord in selecting prospective tenants without infringing section 2, andprescribing other similar business practices and the manner of their use, for the purposes of subsection 21 (3).

Landlord and Tenant Act

201. (1) The definition of "care services" in section 1 of the Landlord and Tenant Act, as enacted by the Statutes of Ontario, 1994, chapter 2, section 1, is repealed.

(2) The definition of "residential premises" in section 1 of the Act, as amended by the Statutes of Ontario, 1994, chapter 2, section 1 and 1994, chapter 4, section 1, is repealed.

(3) Section 2 of the Act, as amended by the Statutes of Ontario, 1992, chapter 19, section 25, is repealed and the following substituted:

Application

2. This Act does not apply to tenancies and tenancy agreements to which the Tenant Protection Act, 1996 applies.

(4) Part IV of the Act is repealed.

(5) The title of the Act is repealed and the following substituted:

COMMERCIAL TENANCIES ACT

Land Titles Act

202. Paragraph 13 of subsection 44 (1) of the Land Titles Act is repealed.

Mortgages Act

203. (1) Section 27 of the Mortgages Act, as amended by the Statutes of Ontario, 1991, chapter 6, section 1, is further amended by striking out "Fifthly, in payment to the tenants of the mortgagor of the security deposits paid under section 82 of the Landlord and Tenant Act where the security deposit was not applied in payment for the last rent period." where it occurs and substituting "Fifthly, in payment to the tenants of the mortgagor of the rent deposits paid under section 111 of the Tenant Protection Act, 1996 where the rent deposit was not applied in payment for the last rent period".

(2) The definition of "landlord", "residential premises", "tenancy agreement" and "tenant" in section 44 of the Act, as enacted by the Statutes of Ontario, 1991, chapter 6, section 2, are repealed and the following substituted:

"landlord" has the same meaning as in section 1 (1) of the Tenant Protection Act, 1996; ("locateur")

"rental unit" has the same meaning as in subsection 1 (1) of the Tenant Protection Act, 1996; ("logement locatif")

"residential complex" has the same meaning as in subsection 1 (1) of the Tenant Protection Act, 1996. ("ensemble d'habitation")

"tenancy agreement" has the same meaning as in section 1 (1) of the Tenant Protection Act, 1996; ("convention de location")

"tenant" has the same meaning as in section 1 (1) of the Tenant Protection Act, 1996; ("locataire").

(3) Section 45 of the Act, as enacted by the Statutes of Ontario, 1991, chapter 6, section 2, is repealed and the following substituted:

Single family home

45. (1) For purposes of this Part, a single family home is a residential complex that consists of a single dwelling unit or a primary dwelling unit and not more than two subsidiary dwelling units and that is not subject to a tenancy agreement when the mortgage is registered.

Duplexes or triplexes

(2) A residential complex that is a duplex or a triplex is not a single family home.

When number of units determined

(3) In deciding whether a residential complex qualifies as a single family home, the number of subsidiary units shall be the number that existed when the default under the mortgage occurred.

Definition

(4) For purposes of this section, "subsidiary dwelling unit" means,

(a) an apartment or a subsidiary residential unit, including premises whose occupant or occupants are required to share a bathroom or kitchen facility with the owner, the owner's spouse, child or parent or the spouse's child or parent, where the owner, spouse, child or parent lives in the building in which the premises are located;

(b) a room or other subsidiary unit that is rented for residential purposes, including one that is rented to a member of the mortgagor's family or to an employee of the mortgagor.

(4) Clauses 46 (3) (a) and (b) of the Act, as enacted by the Statutes of Ontario, 1991, chapter 6, section 2, are repealed and the following substituted:

(a) tenancies of residential units and tenancy agreements whether entered into before or after the 13th day of June, 1991;

(b) mortgages, whether registered before or after the tenancy agreement was entered into, or the 13th day of June, 1991.

(5) Subsection 47 (1) of the Act, as enacted by the Statutes of Ontario, 1991, chapter 6, section 3, is repealed and the following substituted:

Person deemed to be landlord

(1) A person who becomes the mortgagee in possession of a

mortgaged residential complex which is the subject of a tenancy agreement between the mortgagor and a tenant or who obtains title to the residential complex by foreclosure or power of sale shall be deemed to be the landlord under the tenancy agreement.

(6) Subsection 47 (2) of the French version of the Act, as enacted by the Statutes of Ontario, 1991, chapter 6, section 3, is amended by striking out "du bail" in the second line and substituting "de la convention de location".

(7) Subsection 47 (3) of the Act, as enacted by the Statutes of Ontario, 1991, chapter 6, section 3, is repealed and the following substituted:

Person deemed to be landlord

(3) A person who is deemed to be a landlord is subject to the tenancy agreement and to the provisions of the Tenant Protection Act, 1996 which apply to residential complex.

(8) Subsection 47 (4) of the French version of the Act, as enacted by the Statutes of Ontario, 1991, chapter 6, section 3, is amended by striking out "du bail" in the second line and substituting "de la convention de location".

(9) Subsection 48 (1) of the Act, as enacted by the Statutes of Ontario, 1991, chapter 6, section 3, is repealed and the following substituted:

Possession

(1) No person exercising rights under a mortgage may obtain possession of a rental unit from the mortgagor's tenant except in accordance with the Tenant Protection Act, 1996.

(10) Subsections 50 (1), (2) and (3) of the Act, as enacted by the Statutes of Ontario, 1991, chapter 6, section 3, are repealed and the following substituted:

Mortgagee's rights after default

50. (1) Despite section 42, a mortgagee may at any time after the default under a mortgage on a residential complex make inquiries of the mortgagor regarding the existence of any tenancy agreement and require the mortgagor to provide a list of tenants, if any.

Same

(2) Despite section 42, a mortgagee at any time after default under a mortgage on a residential complex which is the subject of a tenancy agreement may,

(a) enter into the common areas of the residential complex for the purpose of inspection;

(b) demand production from the mortgagor or the mortgagor's tenant of a copy of the tenancy agreement if it is written; and

Mortgagee not deemed mortgagee in possession

(3) The mortgagee does not become a mortgagee in possession of the residential complex by any of the acts described in subsection (1) or (2).

(11) Subsection 50 (5) of the Act, as enacted by the Statutes of Ontario, 1991, chapter 6, section 3, is amended by striking out "premises" at the end and substituting "complex".

(12) Subsection 51 (1) of the Act, as enacted by the Statutes of Ontario, 1991, chapter 6, section 3, is repealed and the following substituted:

Mortgagee not to interfere

(1) No mortgagee or person acting on behalf of the mortgagee shall,

(a) deliberately interfere with a reasonable supply of any service, such as heat, fuel, electricity, gas, food or water to a rental unit or to the residential complex in which it is located, whether or not it was the mortgagor's obligation to supply the service; or

(b) substantially interfere with the reasonable enjoyment of the rental unit or of the residential complex in which it is located for all the usual purposes by the mortgagor's tenant or household with the intent of causing the mortgagor's tenant to give up possession of the rental unit or to refrain from asserting any rightsunder this Act, the tenancy agreement or the Tenant Protection Act, 1996.

(13) Subsection 52 (1) of the Act, as enacted by the Statutes of Ontario, 1991, chapter 6, section 3, is repealed and the following substituted:

Application to set aside tenancy

(1) The Ontario Court (General Division) may on application by the mortgagee vary or set aside a tenancy agreement, or any of its provisions, entered into by the mortgagor in contemplation of or after default under the mortgage with the object of,

(a) discouraging the mortgagee from taking possession of the residential complex on default; or

(b) adversely affecting the value of the mortgagee's interest in the residential complex.

(14) Section 53 of the Act, as enacted by the Statutes of Ontario, 1991, chapter 6, section 4, is amended as follows:

1. Subsections (1) and (2) are repealed and the following substituted:

Termination of tenancy

(1) A person described in subsection 47 (1) may obtain, under section 49 of the Tenant Protection Act, 1996, possession of a single family home that is the subject of a tenancy agreement in the circumstances described in this section.

Possession on behalf of purchaser

(2) When a person described in subsection 47 (1) has entered into a binding agreement for the purchase and sale of a single family home, the person may obtain possession of it on behalf of a purchaser who on closing would be entitled to give notice of termination under section 49 of the Tenant Protection Act, 1996.

2. Subsection (5) is amended by striking out "97 of the Landlord and Tenant Act" in the second and third lines and substituting "66 of the Tenant Protection Act, 1996".

3. Subsection (6) is amended by striking out "110 of the Landlord and Tenant Act" in the third line and substituting "49 of the Tenant Protection Act, 1996".

4. Subsection (7) is repealed and the following substituted:

Order for termination of tenancy

(7) A person who has served notice may apply for an order terminating the tenancy and evicting the tenant under section 65 of the Tenant Protection Act, 1996.

(15) Section 55 of the French version of the Act, as enacted by the Statutes of Ontario, 1991, chapter 6, section 4, is amended by striking out "d'un bail" in the fourth line and substituting "d'une convention de location".

(16) Section 56 of the French version of the Act, as enacted by the Statutes of Ontario, 1991, chapter 6, section 5, is amended by striking out "le bail" in the last line and substituting "la convention de location".

(17) Section 57 of the Act, as enacted by the Statutes of Ontario, 1991, chapter 6, section 5, is amended by striking out "section 123 of the Landlord and Tenant Act" at the end and substituting "section 168 of the Tenant Protection Act".

Municipal Act

204. Sections 210.2 and 210.3 of the Municipal Act, as enacted by the Statutes of Ontario, 1994, chapter 7, section 1, are repealed.

Ontario Home Ownership Savings Plan Act

205. Subsection 5 (4) of the Ontario Home Ownership Savings Plan Act is amended by adding "and" at the end of clause (b) and by repealing clauses (d) and (e).

Rent Control Act, 1992

206. The Rent Control Act, 1992 is repealed.

Rental Housing Protection Act

207. The Rental Housing Protection Act is repealed.

Residential Complex Sales Representation Act

208. The definition of "residential complex" in section 1 of the Residential Complex Sales Representation Act is amended by striking out "Part IV of the Landlord and Tenant Act" at the end and substituting "the Tenant Protection Act, 1996".

Settled Estates Act

209. (1) Paragraph 5 of subsection 2 (1) of the Settled Estates Act is amended by striking out "Landlord and Tenant Act" at the end and substituting "Commercial Tenancies Act".

(2) Subsection 32 (6) of the Act is amended by striking out "Landlord and Tenant Act" at the end and substituting "Commercial Tenancies Act".

Toronto Islands Residential Community Stewardship Act, 1993

210. (1) Subsection 9 (20) of the Toronto Islands Residential Community Stewardship Act, 1993 is repealed and the following substituted:

No lease

(20) Despite this section, no lease and no tenancy agreement within the meaning of the Tenant Protection Act, 1996 shall exist between the protected occupant and the Province of Ontario, the Trust or the owner.

(2) Subsection 28 (5) of the Act is repealed and the following substituted:

No lease

(5) Despite subsection (2), no lease and no tenancy agreement within the meaning of the Tenant Protection Act, 1996 shall exist between the occupant of the house and the Province of Ontario, the Trust or the owner.

(3) Subsection 33 (1) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 15, section 21, is repealed and the following substituted:

Conflicts

(1) This Act prevails in the event of a conflict between it and the Assessment Act, the Building Code Act, 1992, the Commercial Tenancies Act, the Family Law Act, the Mortgages Act, the Municipal Tax Sales Act, the Tenant Protection Act, 1996 or the Succession Law Reform Act.

TRANSITIONAL

Transitional provisions

211. (1) Despite the repeal of the Rent Control Act, 1992 and the prior repeal of the Residential Rent Regulation Act, those Acts shall be deemed to be continued in force for the purpose only of continuing and finally disposing of any proceedings commenced before the day this subsection comes into force.

(2) Despite the repeal of the Rent Control Act, 1992, a notice of rent increase or a notice of increased charges in a care home prescribed under that Act may be used for the purposes of this Act any time within two months after this subsection comes into force.

(3) Any outstanding matter in a proceeding commenced before the day this section comes into force that would have been determined by the Minister or the Rent Review Hearings Board under the Residential Rent Regulation Act or by a rent officer under the Rent Control Act, 1992 shall be determined by theTribunal unless the hearing has already commenced before the day this subsection comes into force.

(4) An order issued under section 38 of the Rent Control Act, 1992 or section 15 of the Residential Rent Regulation Act shall remain in force with respect to a rental unit until:

(a) the work order which resulted in the order is lifted by the authority which issued the work order; or

(b) the tenant who is the tenant when this subsection comes into force or an assignee under section 17 of that tenant, is no longer the tenant of the rental unit.

(5) All orders issued under section 43 of the Rent Control Act, 1992 or section 66 of the Residential Rent Regulation Act are void on the day this subsection comes into force.

(6) All work orders issued under section 37 of the Rent Control Act, 1992 or subsection 16 (4) of the Residential Rent Regulation Act shall be deemed to be work orders issued under section 145 of this Act and may be lifted by an inspector where the inspector is satisfied that the work order has been complied with.

(7) Despite the repeal of Part IV of the Landlord and Tenant Act, that Part shall be deemed to be continued in force for the purpose only of continuing and finally disposing of any applications or motions commenced before the day this subsection comes into force.

(8) Despite the repeal of Part IV of the Landlord and Tenant Act, a notice of termination prescribed under that Act may be used for the purposes of this Act any time within two months after this subsection comes into force.

(9) Despite the repeal of the Rental Housing Protection Act, that Act shall be deemed to be continued in force for the purpose only of continuing and finally disposing of any proceedings commenced before the day this subsection comes into force.

(10) Sections 52, 53, 55 and 56 of this Act do not apply where a landlord has obtained approval from the municipality under the Rental Housing Protection Act with respect to the activities referred to in those sections.

AMENDMENTS AND REPEALS RELATED TO

MUNICIPAL PROPERTY STANDARDS BY-LAWS

Building Code Act, 1992

212. (1) The definitions of "Minister" and "municipality" in subsection 1 (1) of the Building Code Act, 1992 are repealed and the following substituted:

"Minister" means the Minister of Municipal Affairs and Housing; ("ministre")

"municipality" means a city, town, village or township. ("municipalité")

(2) Subsection 1 (1) of the Act is amended by adding the following definition:

"officer" means a property standards officer who has been assigned the responsibility of administering and enforcing by-laws passed under section 15.1. ("agent")

(3) Section 1 of the Act is amended by adding the following subsection:

Interpretation

(1.1) A reference in subsection 1 (2) and in sections 3, 4, 5, 7, 8, 10, 12, 13, 18, 25, 26, 28, 30, 32, 33, 34, 35 and 38 to "this Act" shall be deemed to be a reference to this Act with the exception of sections 15.1 to 15.8 inclusive.

(4) Subsection 2 (2) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is repealed and the following substituted:

Director

(2) There shall be a director of the Housing Development and Buildings Branch who shall be appointed by the Lieutenant Governor in Council.

(5) Subsection 4 (6) of the Act is amended by striking out "The Deputy Minister of Housing" at the beginning and substituting "The Deputy Minister of Municipal Affairs and Housing".

(6) Subsection 8 (7) of the Act is amended by striking out "municipal taxes" in the sixth line and in the tenth line and substituting in each case "municipal real property taxes".

(7) Subsection 15 (9) of the Act is amended by striking out "municipal taxes" in the fifth and sixth lines and in the ninth line and substituting in each case "municipal real property taxes".

(8) The Act is amended by adding the following sections:

Definitions

15.1 (1) In sections 15.1 to 15.8 inclusive,

"committee" means a property standards committee established under section 15.6; ("comité")

"occupant" means any person or persons over the age of 18 years in possession of the property;("occupant")

"owner" includes,

(a) the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person's own account or as agent or trustee of any other person, or who would receive the rent if the land and premises were let, and

(b) a lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property; ("propriétaire")

"property" means a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, outbuildings, fences and erections thereon whether heretofore or hereafter erected, and includes vacant property; ("bien")

"repair" includes the provision of facilities, the making of additions or alterations or the taking of any other action that may be required to ensure that a property conforms with the standards established in a by-law passed under this section. ("réparation")

Adoption of policy

(2) Where there is no official plan in effect in a municipality, the council of a municipality may, by by-law approved by the Minister, adopt a policy statement containing provisions relating to property conditions.

Standards for maintenance and occupancy

(3) The council of a municipality may pass a by-law to do the following things if an official plan that includes provisions relating to property conditions is in effect in the municipality or if the council of the municipality has adopted a policy statement as mentioned in subsection (2):

1. Prescribing standards for the maintenance and occupancy of property within the municipality or within any defined area or areas and for prohibiting the occupancy or use of such property that does not conform with the standards.

2. Requiring property that does not conform with the standards to be repaired and maintained to conform with the standards or the site to be cleared of all buildings, structures, debris or refuse and left in graded and levelled condition.

No distinction on the basis of relationship

(4) The authority to pass a by-law under subsection (3) does not include the authority to pass a by-law that sets out requirements, standards or prohibitions that have the effect of distinguishing between persons who are related and persons who are unrelated in respect of the occupancy or use of a property, including the occupancy or use as a single housekeeping unit.

Provision of no effect

(5) A provision in a by-law is of no effect to the extent that it contravenes the restrictions described in subsection (4).

Inspection of property without warrant

15.2 (1) Where a by-law under section 15.1 is in effect, an officer may, upon producing proper identification, enter upon any property at any reasonable time without a warrant for the purpose of inspecting the property to determine,

(a) whether the property conforms with the standards prescribed in the by-law; or

(b) whether an order made under subsection (2) has been complied with.

Contents of order

(2) An officer who finds that a property does not conform with any of the standards prescribed in a by-law passed under section 15.1 may make an order,

(a) stating the municipal address or the legal description of the property;

(b) giving reasonable particulars of the repairs to be made or stating that the site is to be cleared of all buildings, structures, debris or refuse and left in a graded and levelled condition;

(c) indicating the time for complying with the terms and conditions of the order and giving notice that, if the repair or clearance is not carried out within that time, the municipality may carry out the repair or clearance at the owner's expense; and

(d) indicating the final date for giving notice of appeal from the order.

Service and posting of order

(3) The order shall be served on the owner of the property and such other persons affected by it as the officer determines and a copy of the order may be posted on the property.

Registration of order

(4) The order may be registered in the proper land registry office and, upon such registration, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served under subsection (3) and, when the requirements of the order have been satisfied, the clerk of the municipality shall forthwith register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order.

Appeal of order

15.3 (1) An owner or occupant who has been served with an order made under subsection 15.2 (2) and who is not satisfied with the terms or conditions of the order may appeal to the committee by sending a notice of appeal by registered mail to the secretary of the committee within 14 days after being served with the order.

Confirmation of order

(2) An order that is not appealed within the time referred to in subsection (1) shall be deemed to be confirmed.

Powers of committee on appeal

(3) If an appeal is taken, the committee shall hear the appeal and shall have all the powers and functions of the officer who made the order and may,

(a) confirm, modify or rescind the order to demolish or repair;

(b) extend the time for complying with the order if, in the committee's opinion, the general intent and purpose of the by-law and of the official plan or policy statement are maintained.

Appeal to Ontario Court

(4) The municipality in which the property is situate or any owner or occupant or person affected by a decision under subsection (3) may appeal to a judge of the Ontario Court (General Division) by notifying the clerk of the corporation inwriting and by applying to the Ontario Court (General Division) for an appointment within 14 days after the sending of a copy of the decision.

Appointment

(5) A judge of the Ontario Court (General Division) shall appoint, in writing, a time and place for the hearing of the appeal and may direct in the appointment the manner in which and upon whom the appointment is to be served.

Judge's powers

(6) On the appeal, the judge has the same powers and functions as the committee.

Effect of decisions

(7) An order that is deemed to be confirmed under subsection (2) or that is confirmed or modified by the committee under subsection (3) or a judge under subsection (6), as the case may be, shall be final and binding upon the owner and occupant who shall carry out the repair or demolition within the time and in the manner specified in the order.

Power of municipality

15.4 (1) If an order of an officer under section 15.2 (2) is not complied with in accordance with the order as deemed confirmed or as confirmed or modified by the committee or a judge, the municipality may cause the property to be repaired or demolished accordingly.

Warrantless entry

(2) For the purpose of subsection (1), employees or agents of the municipality may enter the property at any reasonable time without a warrant in order to repair or demolish the property.

No liability

(3) Despite subsection 31 (2), a municipal corporation or a person acting on its behalf is not liable to compensate the owner, occupant or any other person by reason of anything done by or on behalf of the municipality in the reasonable exercise of its powers under subsection (1).

Municipal lien

(4) The municipality shall have a lien on the land for the amount spent on the repair or demolition under subsection (1) and the amount shall be deemed to be municipal real property taxes and may be added by the clerk of the municipality to the collector's roll and collected in the same manner and with the same priorities as municipal real property taxes.

Certificate of compliance

15.5 (1) An officer who, after inspecting a property, is of the opinion that the property is in compliance with the standardsestablished in a by-law passed under section 15.1 may issue a certificate of compliance to the owner.

Request for certificate

(2) An officer shall issue a certificate to an owner who requests one and who pays the fee set by the council of the municipality in which the property is located.

Fee for certificate

(3) A council of a municipality may set a fee for the issuance of a certificate.

Property standards committee, membership and term of office

15.6 (1) A by-law passed under section 15.1 shall provide for the establishment of a committee composed of such persons, not fewer than three, as the council considers advisable to hold office for such term and on such conditions as the by-law may establish.

Filling of vacancies

(2) The council of the municipality shall forthwith fill any vacancy that occurs in the membership of the committee.

Compensation

(3) The members of the committee shall be paid such compensation as the council may provide.

Chair

(4) The members shall elect a chair from among themselves; when the chair is absent through illness or otherwise, the committee may appoint another member as acting chair.

Quorum

(5) A majority of the members constitutes a quorum for transacting the committee's business.

Secretary

(6) The members shall provide for a secretary for the committee.

Duty of secretary

(7) The secretary shall keep on file the records of all official business of the committee, including records of all applications and minutes of all decisions respecting those applications, and section 74 of the Municipal Act applies with necessary modifications to the minutes and records.

Rules of procedure and oaths

(8) The committee may, subject to subsection (9), adopt its own rules of procedure and any member may administer oaths.

Where committee required to give notice

(9) The committee shall give notice or direct that notice be given of the hearing of an appeal to such persons as the committee considers advisable.

Emergency order

15.7 (1) If upon inspection of a property the officer is satisfied that there is non-conformity with the standards in a by-law passed under section 15.1 to such extent as to pose an immediate danger to the health or safety of any person, the officer may make an order containing particulars of the non-conformity and requiring remedial repairs or other work to be carried out immediately to terminate the danger.

Service

(2) The order shall be served on the owner of the property and such other persons affected thereby as the officer determines and a copy shall be posted on the property.

Emergency powers

(3) After making an order under subsection (1), the officer may, either before or after the order is served, take any measures necessary to terminate the danger and, for this purpose, the municipality may, through its employees and agents, at any time enter upon the property in respect of which the order was made without a warrant.

No liability

(4) Despite subsection 31 (2), a municipal corporation or a person acting on its behalf is not liable to compensate the owner, occupant or any other person by reason of anything done by or on behalf of the municipality in the reasonable exercise of its powers under subsection (3).

Service

(5) If the order was not served before measures were taken to terminate the danger, the officer shall serve copies of the order in accordance with subsection (2) as soon as practicable after the measures have been taken, and each copy of the order shall have attached to it a statement by the officer describing the measures taken by the municipality and providing details of the amount expended in taking the measures.

Service of statement

(6) If the order was served before the measures were taken, the officer shall serve a copy of the statement mentioned in subsection (5) in accordance with subsection (2) as soon as practicable after the measures have been taken.

Application to court

(7) As soon as practicable after the requirements of subsection (5) or (6) have been complied with, the officer shallapply to a judge of the Ontario Court (General Division) for an order confirming the order made under subsection (1) and the judge shall hold a hearing for that purpose.

Powers of judge

(8) The judge in disposing of an application under subsection (7) shall,

(a) confirm, modify or rescind the order; and

(b) determine whether the amount spent on measures to terminate the danger may be recovered in whole, in part or not at all.

Order final

(9) The disposition under subsection (8) is final.

Municipal lien

(10) The amount determined by the judge to be recoverable shall be a lien on the land and shall be deemed to be municipal real property taxes and may be added by the clerk of the municipality to the collector's roll and collected in the same manner and with the same priorities as municipal real property taxes.

Inspection powers of officer

15.8 (1) For the purposes of an inspection under section 15.2, an officer may,

(a) require the production for inspection of documents or things, including drawings or specifications, that may be relevant to the property or any part thereof;

(b) inspect and remove documents or things relevant to the property or part thereof for the purpose of making copies or extracts;

(d) be accompanied by a person who has special or expert knowledge in relation to a property or part thereof;

(e) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection; and

(f) order the owner of the property to take and supply at the owner's expense such tests and samples as are specified in the order.

Samples

(2) The officer shall divide the sample taken under clause (1) (e) into two parts and deliver one part to the person from whom the sample is taken, if the person so requests at the time the sample is taken and provides the necessary facilities.

Same

(3) If an officer takes a sample under clause (1) (e) and has not divided the sample into two parts, a copy of any report on the sample shall be given to the person from whom the sample was taken.

Receipt

(4) An officer shall provide a receipt for any document or thing removed under clause (1) (b) and shall promptly return them after the copies or extracts are made.

Evidence

(5) Copies of or extracts from documents and things removed under this section and certified as being true copies of or extracts from the originals by the person who made them are admissible in evidence to the same extent as and have the same evidentiary value as the originals.

(9) Subsection 16 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Entry to dwellings

(1) Despite sections 8, 12, 15, 15.2 and 15.4, an inspector or officer shall not enter or remain in any room or place actually being used as a dwelling unless,

. . . . .

(10) Clauses 16 (1) (a), (c) and (d) of the Act are repealed and the following substituted:

(a) the consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused and entry made only under the authority of a warrant issued under this Act;

(a.1) a warrant issued under this Act is obtained;

. . . . .

(d) the requirements of subsection (2) are met and the entry is necessary to remove a building or restore a site under subsection 8 (6), to remove an unsafecondition under clause 15 (5) (b) or to repair or demolish under subsection 15.4 (1).

(11) Subsection 16 (2) of the Act is amended by inserting "or officer" after "inspector in the third line.

(12) Subsection 17 (10) of the Act is amended by striking out "municipal taxes" in the fourth line and in the eighth line and substituting in each case "municipal real property taxes".

(13) Section 19 of the Act is repealed and the following substituted:

Obstruction

19. (1) No person shall hinder or obstruct, or attempt to hinder or obstruct, a chief building official, inspector or officer in the exercise of a power or the performance of a duty under this Act.

Occupied dwellings

(2) A refusal of consent to enter or remain in a place actually used as a dwelling is not hindering or obstructing within the meaning of subsection (1) unless the inspector or officer is acting under a warrant issued under this Act or in the circumstances described in clauses 16 (1) (b), (c) or (d).

Assistance

(3) Every person shall assist any entry, inspection, examination, testing or inquiry by an inspector, chief building official or officer in the exercise of a power or performance of a duty under this Act.

Requirements

(4) No person shall neglect or refuse,

(a) to produce any documents, drawings, specifications or things required by an officer under clause 15.8 (1) (a) or (e) or an inspector under clause 18 (1) (a) or (e); or

(b) to provide any information required by an officer under clause 15.8 (1) (c) or an inspector under clause 18 (1) (c).

(14) Section 20 of the Act is repealed and the following substituted:

Prohibition

20. No person shall obstruct the visibility of an order and no person shall remove a copy of an order posted under this Act unless authorized to do so by an inspector or officer.

(15) Subsection 27 (2) of the Act is amended by striking out "third day" in the third line and substituting "fifth day".

(16) Subsection 31 (1) of the Act is amended by striking out "or an inspector" in the eighth line and substituting "an inspector or an officer".

(17) Clause 36 (1) (c) of the Act is repealed and the following substituted:

(18) Subsection 37 (2) of the Act is repealed and the following substituted:

Proof of matters of record

(2) A statement as to any matter of record in an office of the chief building official or an officer purporting to be certified by the chief building official or the officer is, without proof of the office or signature of the chief building official or officer, receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated therein in any civil proceeding or proceeding under the Provincial Offences Act.

(19) Subsections 39 (2) and (6) of the Act are repealed.

County of Oxford Act

213. (1) Subsection 59 (1) of the County of Oxford Act is amended by striking out "except as provided in subsections (2), (3) and (4)" in the fourth and fifth lines and substituting "except as provided in subsections (2), (3), (3.1) and (4)".

(2) Subsection 59 (3) of the Act is amended by striking out "31" in the fourth line.

(3) Section 59 of the Act is amended by adding the following subsection:

Same

(3.1) The council of an area municipality may exercise the powers provided in sections 15.1 to 15.8 inclusive of the Building Code Act, 1992, but in the event that there is a conflict between a by-law passed by the County Council and a by-law passed by the council of an area municipality in the exercise of such powers, the by-law passed by the County Council shall prevail.

Planning Act

214. (1) Section 31 of the Planning Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, 1994, chapter 2, section 42 and 1996, chapter 4, section 19, is repealed.

(2) Subsection 32 (1) of the Act is amended,

(a) by striking out "section 31" in the first line and substituting "section 15.1 of the Building Code Act, 1992"; and

(b) by striking out "a notice has been sent under subsection 31 (6)" in the sixth and seventh lines and substituting "an order has been made under subsection 15.2 (2) of that Act".

(3) Subsection 33 (2) of the Act is amended by striking out "section 31" in the first line and substituting "section 15.1 of the Building Code Act, 1992".

(4) Subsection 33 (18) of the Act is amended by striking out "section 31" in the fifth line and substituting "section 15.1 of the Building Code Act, 1992".

(5) Subsection 33 (19) of the Act is amended by striking out "section 5 of the Building Code Act" at the end and substituting "subsection 8 (1) of the Building Code Act, 1992".

(6) Clause 49.1 (1) (a) of the Act, as enacted by Statutes of Ontario, 1994, chapter 2, section 46, is amended by striking out "under section 31 or 67" and substituting "under section 67".

(7) Section 67.1 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 4, section 34, is amended by striking out "31" in the second line.

Regional Municipalities Act

215. (1) Subsection 97 (3) of the Regional Municipalities Act is repealed and the following substituted:

Deemed municipality

(3) The Regional Corporation shall be deemed to be a municipality for the purposes of the Building Code Act, 1992 and no council of an area municipality shall, except as provided under this Part, exercise any powers under that Act.

(2) Subsection 97 (4) of the Act, as re-enacted by the Statutes of Ontario, 1992, chapter 23, section 41, is repealed and the following substituted:

Costs recovered

(4) Any costs incurred by the Regional Corporation under subsection 8 (6), clause 15 (5) (b) or subsection 15.4 (1) of the Building Code Act, 1992 or determined by a judge to be recoverable under subsection 15.7 (8) or 17 (8) of that Act may be charged to the area municipality in which the building or property is located and the area municipality shall collect thecosts in the manner set out in subsections 8 (7), 15 (9), 15.4 (3), 15.7 (10) and 17 (10) of that Act and pay them to the Regional Corporation when collected.

(3) Subsection 98 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 89, is further amended by striking out "31" in the sixth line.

(4) Section 98 of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 89, is further amended by adding the following subsection:

Delegation of powers

(2.1) The Regional Council may delegate, for such period and on such terms and conditions as the Regional Council considers necessary, to the council of any area municipality the authority to exercise such of the powers under sections 15.1 to 15.8 inclusive of the Building Code Act, 1992 as the Regional Council may determine.

(5) Subsection 100 (1) of the Act is amended by striking out "31" in the eighth line.

(6) Section 100 of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 90, is further amended by adding the following subsection:

Delegation of powers

(4.1) The Regional Council may delegate, for such period and on such terms and conditions as the Regional Council considers necessary, to the council of any area municipality the authority to exercise such of the powers under sections 15.1 to 15.8 inclusive of the Building Code Act, 1992 as the Regional Council may determine.

COMMENCEMENT AND SHORT TITLE

Commencement

216. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

217. The short title of this Act is the Tenant Protection Act, 1996.