Property Standards Order Re: Appeal (LTB)

Residential Tenancies Act, 2006

3 (1) This Act, except Part V.1, applies with respect to rental units in residential complexes, despite any other Act and despite any agreement or waiver to the contrary. 2013, c. 3, s. 22 (1).

4 (1) Subject to subsection 12.1 (11) and section 194, a provision in a tenancy agreement that is inconsistent with this Act or the regulations is void. 2006, c. 17, s. 4; 2017, c. 13, s. 1.

174 The Board has authority to hear and determine all questions of law and fact with respect to all matters within its jurisdiction under this Act. 2006, c. 17, s. 174.

189.1 (1) For an application to the Board under section 226 for the review of a work order issued by an inspector appointed by a local municipality, the applicant shall, within the time set out in the Rules, give the local municipality,

(a) a copy of the application; and

(b) a copy of any notice of hearing issued by the Board in respect of the application. 2016, c. 25, Sched. 5, s. 3.

(2) The applicant shall, in the circumstances set out in the Rules, file with the Board a certificate of service on the local municipality in the form approved by the Board. 2016, c. 25, Sched. 5, s. 3.

(3) If the local municipality is a party to the application,

(a) paragraph 1 of subsection 188 (1) and section 189 do not apply with respect to the local municipality; and

(b) clause (1) (b) applies despite the Statutory Powers Procedure Act. 2016, c. 25, Sched. 5, s. 3.

225 (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. 2006, c. 17, s. 225 (1).

(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;

(c) the period within which there must be compliance with the terms of the work order; and

(d) the time limit for applying under section 226 to the Board for a review of the work order. 2006, c. 17, s. 225 (2).

226 (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 Board for a review of the work order. 2006, c. 17, s. 226 (1).

(2) On an application under subsection (1), the Board 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

(c) quash the work order. 2006, c. 17, s. 226 (2).

226.1 A local municipality may appoint inspectors for the purposes of sections 224.1 and 225. 2016, c. 25, Sched. 5, s. 6.

226.2 A local municipality shall,

(a) monitor compliance with the prescribed maintenance standards as they apply to residential complexes located in the local municipality;

(b) investigate an alleged offence,

(i) under clause 234 (t) that is a failure to comply with a work order issued by an inspector appointed by the local municipality,

(ii) under clause 234 (u) that is the obstruction of, or interference with, an inspector appointed by the local municipality who is exercising a power of entry under section 230 or 231, and

(iii) under clause 234 (v) that is the furnishing of false or misleading information in any material provided to an inspector appointed by the local municipality; and

(c) where the circumstances warrant, commence or cause to be commenced proceedings with respect to an alleged offence described in clause (b). 2016, c. 25, Sched. 5, s. 6.

226.3 (1) No proceeding for damages shall be commenced against an inspector appointed by a local municipality under section 226.1 or an employee or agent of a local municipality 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 Part or section 230 or 231 or for any neglect or default in the performance or exercise in good faith of such a duty or power. 2016, c. 25, Sched. 5, s. 6.

(2) Subsection (1) does not relieve a local municipality of any liability to which it would otherwise be subject. 2016, c. 25, Sched. 5, s. 6.

226.4 (1) Sections 224 to 226, 227, 229 and 230, and paragraph 74 of subsection 241 (1), as they read immediately before the commencement date, and the regulations made under paragraph 74, as they read immediately before that date, continue to apply for the following purposes with respect to a complaint that was received by the Minister under section 224 before that date:

1. Investigating the complaint and issuing a work order with respect to it.

2. Ensuring compliance with a work order issued with respect to the complaint before, on or after the commencement date.

3. Making, continuing or finally disposing of an application under section 226 for the review of a work order issued with respect to the complaint before, on or after the commencement date.

4. Charging a municipality for the cost associated with an inspection related to the complaint and, if applicable, issuing a notice of payment due and filing the notice in the Superior Court of Justice.

5. Investigating, and commencing or causing to be commenced proceedings with respect to, an alleged offence under clause 234 (t), (u) or (v) that occurred before, on or after the commencement date, other than an offence described in clause 226.2 (b). 2016, c. 25, Sched. 5, s. 6.

(2) In this section,

“commencement date” means the day section 5 of Schedule 5 to the Promoting Affordable Housing Act, 2016 comes into force. 2016, c. 25, Sched. 5, s. 6.

Building Code Act, 1992

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”) 1997, c. 24, s. 224 (8).

(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. 1997, c. 24, s. 224 (8).

(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. 1997, c. 24, s. 224 (8).

(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. 1997, c. 24, s. 224 (8).

(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. 1997, c. 24, s. 224 (8).

(5) A provision in a by-law is of no effect to the extent that it contravenes the restrictions described in subsection (4). 1997, c. 24, s. 224 (8).

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. 1997, c. 24, s. 224 (8).

(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. 1997, c. 24, s. 224 (8).

(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 in a location visible to the public. 1997, c. 24, s. 224 (8); 2017, c. 34, Sched. 2, s. 9.

(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. 1997, c. 24, s. 224 (8).

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. 1997, c. 24, s. 224 (8).

(2) An order that is not appealed within the time referred to in subsection (1) shall be deemed to be confirmed.

(3) The committee shall hear the appeal.

(3.1) On an appeal, the committee has all the powers and functions of the officer who made the order and the committee may do any of the following things if, in the committee’s opinion, doing so would maintain the general intent and purpose of the by-law and of the official plan or policy statement:

1. Confirm, modify or rescind the order to demolish or repair.

2. Extend the time for complying with the order. 2002, c. 9, s. 24.

(4) The municipality in which the property is situate or any owner or occupant or person affected by a decision under subsection (3.1) may appeal to the Superior Court of Justice by notifying the clerk of the municipality in writing and by applying to the court within 14 days after a copy of the decision is sent. 2002, c. 9, s. 24.

(5) The Superior Court of Justice 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 the persons upon whom the appointment is to be served. 2002, c. 9, s. 24.

(6) On the appeal, the judge has the same powers and functions as the committee. 1997, c. 24, s. 224 (8).

(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. 1997, c. 24, s. 224 (8).

SWL-16792-10 (Re), 2011 CanLII 23825 (ON LTB)

7. Section 226 (2) of the Act, states, that in an application to the Board for a review of the work order, the Board may, by order: (a) confirm or vary the inspector’s work order, (b) rescind the work order, it if finds that the landlord has complied with it; or (c) quash the work order.

8. I accept that to some extent, the concerning conduct of the Tenants have contributed to the Landlord not turning his mind fully to the matter, as required. The Landlord also states he cannot afford to comply with the order. That the Landlord was not aware of the inspection or that he was not given the opportunity to participate, does not warrant a request to quash the order. The Landlord acknowledges he has not complied with the work order. The Board, in this situation, cannot quash the order.

9. The Provincial Work Order is confirmed.

Ashford v. Johnson, 2014 ONSC 5825 (CanLII)

[6] Section 190 of the RTA deals with the Board’s power to extend and shorten time requirements for the making of an application. Pursuant to s. 190(1), the Board may expressly extend or shorten the time for filing three types of applications (ss. 126, 159(2) and 226). Pursuant to s. 190(2), the Board may extend or shorten time requirements other than those prescribed in the regulations. Section 56 of O. Reg. 516/06 restricts the Board from extending or shortening time requirements in a number of situations set out in the provision, including in paragraph 2, deadlines for filing applications (other than those permitted in s. 190(2) of the RTA).

[7] Section 193 of the Act states that “time shall be computed in accordance with the Rules”. Rule 4.3 of the Board’s Rules of Practice provides that if the time limit for filing a notice or document falls on a non-business day, the notice or document may be filed on the next business day.

[8] The Legislation Act, 2006, S.O. 2006, c. 21, Sch. F (“the LA”) provides in s. 46 that every provision of this Part [“Interpretation”] applies to every Act or regulation. Section 47 provides that s. 46 applies unless a contrary intention appears, or its application would give a term a meaning that is inconsistent with the context.

[9] Section 89(1) provides that time limits that would otherwise expire on a holiday are extended to include the next day that is not a holiday. Subsection 89(2) provides that time limits for filing documents that expire on a day when business offices are closed are extended to the next day when the office is open during regular hours of business.