History of the Commercial Tenancies Act, 1990

Overview

• Ontario (1990) "c L.7 Landlord and Tenant Act/Loi sur la location immobilière," Ontario: Revised Statutes: Vol. 1990: Iss. 6, Article 6. Available at: http://digitalcommons.osgoode.yorku.ca/rso/vol1990/iss6/6
  • AmendmenLs and Repeals to January 1,2000
  • RSO 1990, c L.7
    • 1992, c. 19, s. 25; 1993, c. 27, Sched.; 1994, c. 2, ss. 1-7 and c. 4, ss. 1-13; 1997, c. 24, s. 213; 1999, c. 6, s. 9.

Landlord and Tenant Act, RSO 1990, c L.7

1. In this Act,

" landlord" includes a person who is lessor, owner, the person giving or permitting the occupation of the premises in question, and these person's heirs and assigns and legal representatives, and in Parts II and III also includes the person entitled to possession of the prernises; ("locateur")

"residential premises" means,

(a) any premises used or intended for use for residential purposes, including accommodation in a boarding house, rooming bouse or lodging house,

(b) land intended and used as a site for a mobile home used for residential purposes, whether or not the landlord also supplies the mobile home,

but does not include,

(c) premises occupied for business or agricultural purposes with living accommodation attached under a single lease unless the tenant occupying the living accommodation is a person other than the person occupying the premises for business or agricultural purposes, in which case the living accommodation shall be deemed residential premises,

(d) such other class or classes of accommodation as may be designated by the regulations,

(e) 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,

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

(i) the accommodation is provided primarily to persons under the age of majority, or

(ii) all major questions related to the accommodation are decided after consultation with a council or association representing the residents, unless the accommodation has its own self-contained bathroom and kitchen facilities and is intended for year-round occupation by full-time students or staff and members of their households,

(g) accommodation provided to the traveling and 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 establishment or farm vacation home,

(h) accommodation that is subject to the Public Hospitals Act, the Private Hospitals Act, the Community Psychiatrie Hospitals Act, the Mental Hospitals Act, the Homes for Special Care Act, the Homes for the Aged and Rest Homes Act, the Homes for Retarded Persons Act, the Nursing Homes Act, the Ministry of Correctional Services Act, the Charitable Institutions Act, the Child and Family Services Act, the Developmental Services Act, the Ministry of Health Act or the Ministry of Community and Social Services Act,

(i) accommodation occupied by a person for penal, correctional, rehabilitative or therapeutic purposes or for the purpose of receiving care,

(j) short term accommodation provided as emergency shelter, or

(k) accommodation, whether situated on or off a farm, where occupancy of the premises is conditional upon the occupant continuing to be employed on the farn; ("local d'habitation" )

...

"tenant" includes a person who is lessee, occupant, sub-tenant, under-tenant, and the person's assigns and legal representatives. ("locataire") R.S.O. 1980, c. 232, S. 1; 1986, c. 64, s. 24 (I); 1987, C. 23, S. 1.

2. The provisions of Parts I, II and III of this Act in so far as they apply to tenancies of residential premises are subject to Part IV. R.S.O. 1980, c. 232, S. 2.

Ontario (1997) "c 24 Tenant Protection Act, 1997

An Act to Consolidate and Revise the Law with respect to Residential Tenancies

...

213. (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:

2. This Act does not apply to tenancies and tenancy agreements to which the Tenant Protection Act, 1997 applies.

(4) Part IV of the Act is repealed

(5) The title of the Act is repealed and the following substituted:

COMMERCIAL TENANCIES ACT