Bill 112 2010

An Act to amend the Residential Tenancies Act, 2006 with respect to tenants' rights

Note: This Act amends the Residential Tenancies Act, 2006.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

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

   1.  Subsection 6 (2) of the Residential Tenancies Act, 2006 is repealed.

   2.  Subsection 29 (2) of the Act is amended by striking out "one year" and substituting "two years".

   3.  Paragraph 2 of subsection 30 (1) of the Act is amended by adding "in accordance with the regulations" at the end.

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

Compensation, landlord personally, etc., requires unit

   48.1  A landlord who gives notice of termination under subsection 48 (1) shall compensate the tenant in an amount equal to three months rent or offer the tenant another rental unit acceptable to the tenant.

   5.  Section 52 of the Act is repealed and the following substituted:

Compensation, demolition or conversion

   52.  (1)  A landlord who gives notice of termination of a tenancy for the purpose of demolition or conversion to non-residential use shall compensate a tenant in an amount equal to three months rent or offer the tenant another rental unit acceptable to the tenant.

Exception, demolition

   (2)  Subsection (1) applies in the case of a termination of a tenancy for the purpose of demolition only if the demolition was not ordered to be carried out under the authority of any other Act.

   6.  Subsection 57 (2) of the Act is amended by striking out "one year" and substituting "two years".

   7.  Section 87 of the Act is amended by adding the following subsection:

Time limitation

   (6)  No application may be made under subsection (1) more than two years after the day the alleged conduct giving rise to the application occurred.

   8.  Section 89 of the Act is amended by adding the following subsection:

Time limitation

   (3)  No application may be made under subsection (1) more than two years after the day the alleged conduct giving rise to the application occurred.

   9.  Subsection 98 (2) of the Act is amended by striking out "one year" and substituting "two years".

   10.  Subsection 104 (3) of the Act is amended by striking out "Sections 113 and 114 apply" at the beginning and substituting "Section 114 applies".

   11.  Section 113 of the Act is repealed.

   12.  Subsection 115 (2) of the Act is amended by striking out "one year" and substituting "two years".

   13.  Subsection 120 (1) of the Act is amended by striking out "during the term of their tenancy".

   14.  Paragraph 1 of subsection 126 (1) of the Act is amended by striking out "or utilities or both".

   15.  Subsection 128 (1) of the Act is amended by adding "before the day section 14 of the Residential Tenancies Amendment Act (Tenants' Rights), 2010 comes into force" after "If" in the portion before clause (a).

   16.  Section 149 of the Act is amended by striking out "subject to subsection 6 (2)".

   17.  Subsection 181 (1) of the Act is amended by striking out "may set and charge fees" in the portion before clause (a) and substituting "may set, charge and waive fees".

   18.  Section 195 of the Act is repealed and the following substituted:

Money paid to Board

   195.  (1)  Where the Board considers it appropriate, the Board may, subject to the regulations, require a respondent to pay a specified sum into the Board within a specified time.

Rules re money paid

   (2)  The Board may establish procedures in the Rules for the payment of money into and out of the Board.

No payment after final order

   (3)  The Board shall not, under subsection (1), require payments into the Board after the Board has made its final order in the application.

Effect of failure to pay under subs. (1)

   (4)  If a respondent is required to pay a specified sum into the Board within a specified time under subsection (1) and fails to do so, the Board may refuse to consider the evidence and submissions of the respondent.

Money paid to Board, application under s. 29 (1)

   195.1  (1)  A tenant who makes an application to the Board under subsection 29 (1) may pay all or part of the rent for the tenant's rental unit into the Board.

No payment after final order

   (2)  The Board shall not accept payments into the Board under subsection (1) after the Board has made its final order in the application.

Effect of payment under subs. (1)

   (3)  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.

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

Where Board shall dismiss

   196.1  (1)  Subject to subsection (2), the Board shall dismiss an application with respect to any provision in Part V made by a landlord who has been given a work order under section 225 or who has been served an order under section 15.2 of the Building Code Act, 1992 and has not complied with the terms of the work order or the order.

Exception, application re s. 50

   (2)  Subsection (1) does not apply to an application with respect to any provision in section 50.

   20.  Section 203 of the Act is amended by striking out "shall not make determinations or" in the portion before clause (a) and substituting "may make determinations and".

   21.  Subsection 209 (2) of the Act is repealed and the following substituted:

Power to review

   (2)  Without limiting the generality of section 21.2 of the Statutory Powers Procedure Act, the Board's power to review and confirm, vary, suspend or cancel a decision or order under that section may be exercised if a party to a proceeding was not, in the opinion of the Board, having regard to the party's circumstances, reasonably able to participate in the proceeding.

   22.  The Act is amended by adding the following Part:

part xii.1
landlord licensing

Licensing requirement

   214.1  (1)  No landlord shall enter into a tenancy agreement with respect to a rental unit in a residential complex containing six or more rental units on or after the day section 22 of the Residential Tenancies Amendment Act (Tenants' Rights), 2010 comes into force unless the landlord has obtained a licence in accordance with this Part and the regulations.

Transition

   (2)  No landlord shall renew a tenancy agreement with respect to a rental unit in a residential complex containing six or more rental units that was entered into before the day section 22 of the Residential Tenancies Amendment Act (Tenants' Rights), 2010 comes into force unless the landlord has obtained a licence in accordance with this Part and the regulations.

Deemed renewal

   (3)  Subsection (2) applies to deemed renewals under section 38.

Application for licence

   (4)  In order to obtain a licence under this Part, a landlord shall apply to the Board in accordance with this Part and the regulations and shall submit to the Board the prescribed application fee at the time of application.

Issuance of licence

   (5)  The Board shall not issue a licence to a landlord who, at the time of application,

  (a)  has not complied with one or more of the terms set out in a work order given to the landlord under section 225 if the time period for compliance with the terms of the work order has expired;

  (b)  has not complied with one or more of the terms and conditions of an order served on the landlord under section 15.2 of the Building Code Act, 1992 if the time period for compliance with the terms and conditions of the order has expired; or

   (c)  is party to a tenancy agreement with respect to a rental unit that is, in the opinion of the Board and subject to the regulations, infested with bedbugs, cockroaches or other vermin, regardless of whether the presence of such vermin is the subject of an order under this or any other Act, if the landlord has not, in the opinion of the Board and subject to the regulations, made sufficient attempts to eliminate the vermin from the rental unit.

Refusal to issue licence

   (6)  Subject to the regulations, if the Board intends to refuse to issue a licence to a landlord under subsection (5), the Board shall give notice to the landlord of its intention to refuse and the landlord shall have an opportunity to make submissions to the Board.

Renewal of licence

   (7)  A licence issued under this Part expires two years after the date of issue.

Same

   (8)  A person who holds a licence may, before the licence expires under subsection (7), apply to the Board for the renewal of the licence in accordance with the regulations.

Suspension, revocation or refusal to renew licence

   (9)  The Board may suspend, revoke or refuse to renew a licence issued under this Part in accordance with the regulations.

Where no licence

   (10)  The Board shall not accept an application from a landlord with respect to a provision in Part V or VII if the landlord has not obtained a licence under this Part.

   23.  (1)  Clause 234 (k) of the Act is repealed.

   (2)  Section 234 of the Act is amended by adding the following clause:

(s.1) fails to obtain a licence in accordance with Part XII.1;

   24.  (1)  Paragraphs 29 and 30 of subsection 241 (1) of the Act are repealed.

   (2)  Subsection 241 (1) of the Act is amended by adding the following paragraphs:

12.1 governing the manner of calculating rent abatements for the purposes of an order under paragraph 2 of subsection 30 (1);

.     .     .     .     .

71.1 governing applications for a licence under Part XII.1, including the manner of calculating the application fee;

71.2 governing the issuance, renewal, suspension and revocation of a licence under Part XII.1;

71.3 governing appeals related to the issuance, renewal, suspension and revocation of a licence under Part XII.1;

71.4 governing the types of evidence the Board may take into account in determining whether there is an infestation of vermin for the purposes of clause 214.1 (5) (c);

71.5 governing what constitutes sufficient attempts to eliminate vermin for the purposes of clause 214.1 (5) (c);

Commencement

   25.  This Act comes into force one year after the day it receives Royal Assent.

Short title

   26.  The short title of this Act is the Residential Tenancies Amendment Act (Tenants' Rights), 2010.

 

EXPLANATORY NOTE

The Bill makes several amendments to the Residential Tenancies Act, 2006, including the following:

    1.   The Bill increases the time limit for most tenant and some landlord applications to the Landlord and Tenant Board from one to two years.

    2.   The Bill requires a landlord who terminates a tenancy for personal use to compensate the tenant and expands the circumstances in which a landlord is required to compensate a tenant if the landlord terminates a tenancy for the purpose of demolition or conversion to non-residential use.

    3.   The Bill prohibits a landlord from increasing the rent charged to a new tenant by more than the guideline and abolishes landlord applications to the Board for above guideline rent increases where there has been a significant increase in the cost of utilities.

    4.   The Bill requires that the Board dismiss an application from a landlord who has been given a work order under section 225 of the Act or an order under section 15.2 of the Building Code Act, 1992 and has not completed the items in the work order or the order.

    5.   The Bill requires a landlord to obtain a licence with respect to a rental unit in a residential complex containing six or more rental units in order to enter into a tenancy agreement or renew an existing tenancy agreement.