Bill 36, Tenant Protection Amendment Act (Towards Fairness for Tenants), 1999

Versions

Bill 36

Bill 361999

An Act to ensure fairness and reasonable access to justice for Ontario's tenants by amending the Tenant Protection Act, 1997

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

1.Section 85 of the Tenant Protection Act, 1997 is amended by adding the following subsection:

Six-month limitation period

(2)An order evicting a person shall not be enforced more than six months after the day on which it can first be enforced.

2.Subsection 129 (1) of the Act is amended by striking out ``sections 130 to 139" and substituting ``sections 129.1 to 139".

3.The Act is amended by adding the following section:

OUTSTANDING WORK ORDERS

No increase above guideline if work order outstanding

129.1 (1)Despite anything else in this Act, a landlord shall not 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 if a work order affecting the residential complex has been made, the period for compliance with the work order has passed and it has not been complied with.

Kinds of work orders

(2)Subsection (1) applies to,

(a)an inspector's work order under section 155;

(b)a property standards officer's work order under a by-law,

(i)passed under section 151.1 of the Building Code Act, 1992,

(ii)passed under any special Act respecting maintenance and occupancy standards that is in force in the municipality,

(iii)passed under any general or special Act respecting health and safety standards for occupants of buildings or structures.

4.Section 135 of the Act is repealed.

5.Section 175 of the Act is repealed and the following substituted:

Service of application and notice of hearing

175. When an applicant files an application, the Tribunal shall, within the times set out in the Rules,

(a)give a copy of the application to all the parties other than the applicant; and

(b)if a notice of hearing is issued in respect of the application, give a copy of the notice to all the parties.

6.(1)Paragraphs 1 and 2 of subsection 177 (1) of the Act are repealed.

(2)Subsection 177 (2) of the Act is repealed and the following substituted:

Same

(2)The time for filing a dispute shall be within the time provided for in the Rules.

7.Subsection 181 (3) of the Act is repealed and the following substituted:

Exception

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

8.The Act is amended by adding the following section:

Statement re payment under order

191.1 When the Tribunal receives satisfactory proof that money payable under an order has been paid in full, it shall,

(a)give the person who provides the proof a statement that the payment requirements of the order are satisfied;

(b)keep a copy of the statement in its file relating to the proceeding; and

(c)give a copy of the statement to any person to whom the Tribunal has previously given access to information about the proceeding.

9. Paragraphs 1 and 2 of subsection 192 (1) of the Act are repealed.

Commencement

10.This Act comes into force on the day that is three months after the day it receives Royal Assent.

Short title

11.The short title of this Act is the Tenant Protection Amendment Act (Towards Fairness for Tenants), 1999.

EXPLANATORY NOTE

The Bill makes the following amendments to the Tenant Protection Act, 1997:

1.Catch-up increases that exceed the guidelines (often called ``maximum rent") are no longer allowed (sections 4 and 7 of Bill, section 135 and subsection 181 (3) of Act).

2.Rent may not be increased beyond the guidelines if there is an outstanding work order (sections 2 and 3 of Bill, subsection 129 (1) and section 129.1 of Act).

3.Applications and notices of hearing will be given to parties by the Tribunal rather than being served by the applicant (section 5 of Bill, section 175 of Act).

4.An application to terminate a tenancy or to evict a person will no longer be dealt with by a default process, but requires a hearing, and written disputes are no longer obligatory. The same changes are made with respect to landlords' applications for arrears of rent and other payments (sections 6 and 9 of Bill, section 177 and subsection 192 (1) of Act).

5.An eviction order that is not enforced lapses six months after the day on which it can first be enforced (section 1 of Bill, subsection 85 (2) of Act).

6.On receiving proof that payments under an order have been made in full, the Tribunal issues a statement to that effect. Copies of the statement remain in the Tribunal's file and are provided to persons (such as credit agencies) who have had access to the file (section 8 of Bill, section 191.1 of Act).