The impact of O Reg 73/20 on Notices Issued under the Residential Tenancies Act, 2006

Summary

The following article attempts to address the question, will a Notice given under the Residential Tenancies Act, 2006 be considered valid notice for the purpose of filling an application with the board.

Three time periods under consideration:

(1) a Notice of Termination that was served prior to March 16, 2020 with a termination date that was also prior to March 16, 2020 BUT has not yet been filled as part of an application before the board.

(2) A Notice of Termination that was served prior to March 16, 2020 with a termination date that falls on or after March 16, 2020.

(3) A Notice of Termination that was served on or after March 16, 2020.

A State of Emergency was declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 at 7:30 a.m. Toronto time pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act (the “Act”);

The Order in Counsel reads:

And Whereas the criteria set out in subsection 7.1 (2) of the Act have been satisfied;

Now Therefore, an Order is made pursuant to subsection 7.1 (2) of the Act, the terms of which Order are the following:

1. Any provision of any statute, regulation, rule, by-law or order of the Government of Ontario establishing any limitation period shall be suspended for the duration of the emergency, and the suspension shall be retroactive to Monday, March 16, 2020.

2. Any provision of any statute, regulation, rule, by-law or order of the Government of Ontario establishing any period of time within which any step must be taken in any proceeding in Ontario, including any intended proceeding, shall, subject to the discretion of the court, tribunal or other decision-maker responsible for the proceeding, be suspended for the duration of the emergency, and the suspension shall be retroactive to Monday, March 16, 2020.

The above language can be broken down as follows:

(1)

(a) Any provision of any statute

(b) Any provision of any regulation

(c) Any provision of any rule

(2) That establishes any period of time:

(a) within which any step must be taken

(3) In any proceeding in Ontario

(a) including any intended proceeding

(4) be suspended for the duration of the emergency