Property Standards Order Re: Appeal (LTB)

Residential Tenancies Act, 2006

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.