Proclamations Ontario

Proclamations

Bill 184, Protecting Tenants and Strengthening Community Housing Act, 2020

Source Statute	Provisions of Source Statute	Date in Force (d/m/y)	Parent Statute Affected
Protecting Tenants and Strengthening Community Housing Act, 2020, S.O. 2020, c. 16	Sched. 1, s. 1-6		Building Code Act, 1992
Protecting Tenants and Strengthening Community Housing Act, 2020, S.O. 2020, c. 16	Sched. 3, s. 10	31/03/2021	Housing Services Act, 2011
Protecting Tenants and Strengthening Community Housing Act, 2020, S.O. 2020, c. 16	Sched. 3, s. 12	31/03/2021	Residential Tenancies Act, 2006
Protecting Tenants and Strengthening Community Housing Act, 2020, S.O. 2020, c. 16	Sched. 4, s. 3 (2), 9-13, 18-21, 28, 29	01/09/2021	Residential Tenancies Act, 2006
Protecting Tenants and Strengthening Community Housing Act, 2020, S.O. 2020, c. 16	Sched. 4, s. 26, 27, 38 (2), (3)		Residential Tenancies Act, 2006
Protecting Tenants and Strengthening Community Housing Act, 2020, S.O. 2020, c. 16	Sched. 4, s. 32, 34, 39 (1)	01/01/2022	Residential Tenancies Act, 2006

Sched. 4, s. 3 (2), 9-13, 18-21, 28, 29

SCHEDULE 4

RESIDENTIAL TENANCIES ACT, 2006

1 The Residential Tenancies Act, 2006 is amended by adding the following section:

...

3 (2) The French version of subsection 7 (5) of the Act is amended by striking out “qui relève”.

...

9 (1) Paragraph 1 of subsection 57 (3) of the Act is repealed and the following substituted:

1. An order that the landlord pay a specified sum to the former tenant for all or any portion of any increased rent that the former tenant has incurred or will incur for a one-year period after vacating the rental unit.

1.1 An order that the landlord pay a specified sum to the former tenant as general compensation in an amount not exceeding the equivalent of 12 months of the last rent charged to the former tenant. An order under this paragraph may be made regardless of whether the former tenant has incurred any actual expenses or whether an order is made under paragraph 2.

1.2 An order that the landlord pay a specified sum to the former tenant for reasonable out-of-pocket moving, storage and other like expenses that the former tenant has incurred or will incur.

(2) Section 57 of the Act is amended by adding the following subsection:

(8) This section, as it read immediately before subsection 9 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force, continues to apply with respect to an application under subsection (1) that is made before that day and has not been finally determined before that day, even if the hearing of the application is on or after that day.

10 (1) Subsection 57.1 (2) of the Act is amended by striking out “more than one year” and substituting “more than two years”.

(2) Section 57.1 of the Act is amended by adding the following subsections:

(2.1) An application that was made under subsection (1) before the day subsection 10 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force and was not finally determined before that day is deemed to comply with subsection (2), as it reads on that day, if the application was made more than one year, but not more than two years, after the former tenant vacated the rental unit.

(2.2) If a previous application made by the former tenant was dismissed before the day subsection 10 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force for failure to comply with subsection (2), as it read before that day, the former tenant may make another application under subsection (1) more than one year, but not more than two years, after the former tenant vacated the rental unit.

11 (1) The Act is amended by adding the following section:

71.1 (1) A landlord who, on or after the day subsection 11 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force, files an application under section 69 based on a notice of termination given under section 48 or 49 shall file the affidavit required under subsection 72 (1) at the same time as the application is filed.

(2) The Board shall refuse to accept the application for filing if the landlord has not complied with subsection (1).

(2) Section 71.1 of the Act, as enacted by subsection (1), is amended by adding the following subsections:

(3) A landlord who, on or after the day subsection 11 (2) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force, files an application under section 69 based on a notice of termination given under section 48, 49 or 50 shall, in the application,

(a) indicate whether or not the landlord has, within two years prior to filing the application, given any other notice under section 48, 49 or 50 in respect of the same or a different rental unit; and

(b) set out, with respect to each previous notice described in clause (a),

(i) the date the notice was given,

(ii) the address of the rental unit in respect of which the notice was given,

(iii) the identity of the intended occupant in respect of whom the notice was given if the notice was given under section 48 or 49, and

(iv) such other information as may be required by the Rules.

(4) The Board shall refuse to accept the application for filing if the landlord has not complied with subsection (3).

12 Section 72 of the Act is amended by adding the following subsections:

(3) In determining the good faith of the landlord or the purchaser, as applicable, in an application described in subsection (1), (1.1) or (2), the Board may consider any evidence the Board considers relevant that relates to the landlord’s or purchaser’s previous use of notices of termination under section 48, 49 or 50 in respect of the same or a different rental unit.

(4) Subsection (3) applies with respect to any application described in subsection (1), (1.1) or (2) that,

(a) is made on or after the day section 12 of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force; or

(b) was made before that day and was not finally determined before that day.

13 Section 73 of the Act is amended by adding the following subsections:

(2) In determining the good faith of the landlord in an application described in subsection (1), the Board may consider any evidence the Board considers relevant that relates to the landlord’s previous use of notices of termination under section 48, 49 or 50 in respect of the same or a different rental unit.

(3) Subsection (2) applies with respect to any application described in subsection (1) that,

(a) is made on or after the day section 13 of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force; or

(b) was made before that day and was not finally determined before that day.