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.

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).

15.3 (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).