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| [[Rent Increase (Buildings Built After November 15, 2018)]] | | [[Rent Increase (Buildings Built After November 15, 2018)]] |
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| ==Residential Tenancies Act, 2006, S.O. 2006, c. 17==
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| <b>Exemptions from rules relating to rent</b><br>
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| 6.1 (1) In this section,
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| ::“addition” means, with respect to a mobile home park or land lease community, an expansion beyond the boundaries of the mobile home park or land lease community; (“rajout”)
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| ::“commencement date” means the day section 1 of Schedule 36 to the Restoring Trust, Transparency and Accountability Act, 2018 comes into force. (“date d’entrée en vigueur”) 2018, c. 17, Sched. 36, s. 1.
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| <b>Buildings, etc., not occupied on or before November 15, 2018</b><br>
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| :(2) Sections 120, 121, 122, 126, 127, 129, 131, 132, 133, 165 and 167 do not apply on and after the commencement date with respect to a rental unit if the requirements set out in one of the following paragraphs are met:
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| ::1. The rental unit is located in a building, mobile home park or land lease community and no part of the building, mobile home park or land lease community was occupied for residential purposes on or before November 15, 2018.
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| ::2. The rental unit is entirely located in an addition to a building, mobile home park or land lease community and no part of the addition was occupied for residential purposes on or before November 15, 2018. 2018, c. 17, Sched. 36, s. 1.
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| :(3) Sections 120, 121, 122, 126, 127, 129, 131, 132 and 133 do not apply on and after the commencement date with respect to a rental unit if all of the following requirements are met:
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| ::1. The rental unit is located in a detached house, semi-detached house or row house which, on or at any time before November 15, 2018, contained not more than two residential units.
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| ::2. The rental unit is a residential unit that meets all of the following requirements:
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| :::i. The unit has its own bathroom and kitchen facilities.
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| :::ii. The unit has one or more exterior or interior entrances.
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| :::iii. At each entrance, the unit has a door which is equipped so that it can be secured from the inside of the unit.
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| :::iv. At least one door described in subparagraph iii is capable of being locked from the outside of the unit.
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| ::3. The rental unit became a residential unit described in paragraph 2 after November 15, 2018.
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| ::4. One or both of the following circumstances apply:
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| :::i. At the time the rental unit was first occupied as a residential unit described in paragraph 2, the owner or one of the owners, as applicable, lived in another residential unit in the detached house, semi-detached house or row house.
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| :::ii. The rental unit is located in a part of the detached house, semi-detached house or row house which was unfinished space immediately before the rental unit became a residential unit described in paragraph 2. 2018, c. 17, Sched. 36, s. 1.
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| <b>Non-application of exemption under subs. (2) or (3)</b><br>
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| :(4) Subject to subsection (5), the exemption under subsection (2) or (3) does not apply with respect to a rental unit that is subject to a tenancy in respect of which a tenancy agreement was entered into on or before November 15, 2018. 2018, c. 17, Sched. 36, s. 1.
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| Application of subs. (4)
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| :(5) Subsection (4) applies only with respect to the tenancy described in that subsection and does not apply with respect to any subsequent tenancy. 2018, c. 17, Sched. 36, s. 1.
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| <b>Burden of proof</b>
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| :(6) For greater certainty, in an application to the Board in which the application of subsection (2) or (3) is at issue, the onus is on the landlord to prove that the subsection applies. 2018, c. 17, Sched. 36, s. 1.
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| <ref name="RTA">Residential Tenancies Act, 2006, S.O. 2006, c. 17, <https://www.ontario.ca/laws/statute/06r17#BK94>, retrieved 2022-01-07
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| ==References==
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