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Tenant Protection Act index page for this old law


This law was repealed on January 31, 2007 and is no longer in use

Ontario Tenant Protection Act
PART VII

VITAL SERVICES AND MAINTENANCE STANDARDS




Vital Services


Definitions

145. In this section and sections 146 to 153,

"local municipality" has the same meaning as in the Municipal Act; ("municipalité locale")

"vital services by-law" means a by-law passed under section 146. ("règlement municipal sur les services essentiels") 1997, c. 24, s. 145.


By-laws respecting vital services

146. (1) The council of a local municipality may pass by-laws,

    (a) requiring every landlord to provide adequate and suitable vital services to each of the landlord's rental units;

    (b) prohibiting a supplier from ceasing to provide the vital service until a notice has been given under subsection 147 (1);

    (c) requiring a supplier to promptly restore the vital service when directed to do so by an official named in the by-law;

    (d) prohibiting a person from hindering, obstructing or interfering with or attempting to hinder, obstruct or interfere with the official or person referred to in subsection 148 (1) in the exercise of a power or performance of a duty under this section or sections 147 to 153;

    (e) providing that a person who contravenes or fails to comply with a by-law is guilty of an offence for each day or part of a day on which the offence occurs or continues;

    (f) providing that every director or officer of a corporation that is convicted of an offence who knowingly concurs in the commission of the offence is guilty of an offence;

    (g) authorizing an official named in the by-law to enter into agreements on behalf of a local municipality with suppliers of vital services to ensure that adequate and suitable vital services are provided for rental units.


Exception

(2) A vital services by-law does not apply to a landlord with respect to a rental unit to the extent that the tenant has expressly agreed to obtain and maintain the vital services.


Contents of vital services by-law

(3) A vital services by-law may,

    (a) classify buildings or parts of buildings for the purposes of the by-law and designate the classes to which it applies;

    (b) designate areas of the local municipality in which the by-law applies;

    (c) establish standards for the provision of adequate and suitable vital services;

    (d) prohibit a landlord from ceasing to provide a vital service for a rental unit except when necessary to alter or repair the rental unit and only for the minimum period necessary to effect the alteration or repair;

    (e) provide that a landlord shall be deemed to have caused the cessation of a vital service for a rental unit if the landlord is obligated to pay the supplier for the vital service and fails to do so and, as a result of the non-payment, the vital service is no longer provided for the rental unit. 1997, c. 24, s. 146.


Notice by supplier

147. (1) A supplier shall give notice of an intended discontinuance of a vital service only if the vital service is to be discontinued for the rental unit because the landlord has breached a contract with the supplier for the supply of the vital service.


Same

(2) The notice shall be given in writing to the clerk of the local municipality at least 30 days before the supplier ceases to provide the vital service. 1997, c. 24, s. 147.


Inspection

148. (1) An official named in the by-law or a person acting under his or her instructions may, at all reasonable times, enter and inspect a building or part of a building with respect to which the by-law applies for the purpose of determining compliance with the by-law or a direction given under subsection 151 (1).


Same

(2) Despite subsection (1), the official or person shall not enter a rental unit,

    (a) unless he or she has obtained the consent of the occupier of the rental unit after informing him or her that he or she may refuse permission to enter the unit; or

    (b) unless he or she is authorized to do so by a warrant issued under section 204. 1997, c. 24, s. 148.


Services by municipality

149. (1) If a landlord does not provide a vital service for a rental unit in accordance with a vital services by-law, the local municipality may arrange for the service to be provided.


Lien

(2) The amount spent by the local municipality under subsection (1) plus an administrative fee of 10 per cent of that amount shall, on registration of a notice of lien in the appropriate land registry office, be a lien in favour of the local municipality against the property at which the vital service is provided.


Not special lien

(3) Section 382 of the Municipal Act does not apply with respect to the amount spent and the fee, and no special lien is created under that section.


Certificate

(4) The certificate of the clerk of the local municipality as to the amount spent is proof, in the absence of evidence to the contrary, of the amount.


Interim certificate

(5) Before issuing a certificate referred to in subsection (4), the clerk shall send an interim certificate by registered mail to the registered owner of the property that is subject to the lien and to all mortgagees or other encumbrancers registered on title. 1997, c. 24, s. 149.


Appeal

150. An affected owner, mortgagee or other encumbrancer may, within 15 days after the interim certificate is mailed, appeal the amount shown on it to the council of the local municipality. 1997, c. 24, s. 150.


Payments transferred

151. (1) If the local municipality has arranged for a vital service to be provided to a rental unit, an official named in the vital services by-law may direct a tenant to pay any or all of the rent for the rental unit to the local municipality.


Effect of payment

(2) Payment by a tenant under subsection (1) shall be deemed not to constitute a default in the payment of rent due under a tenancy agreement or a default in the tenant's obligations for the purposes of this Act. 1997, c. 24, s. 151.


Use of money

152. (1) The local municipality shall apply the rent received from a tenant to reduce the amount that it spent to provide the vital service and the related administrative fee.


Accounting and payment of balance

(2) The local municipality shall provide the person otherwise entitled to receive the rent with an accounting of the rents received for each individual rental unit and shall pay to that person any amount remaining after the rent is applied in accordance with subsection (1). 1997, c. 24, s. 152.


Immunity

153. (1) No proceeding for damages or otherwise shall be commenced against an official or a person acting under his or her instructions or against an employee or agent of a local municipality for any act done in good faith in the performance or intended performance of a duty or authority under any of sections 145 to 152 or under a by-law passed under section 146 or for any alleged neglect or default in the performance in good faith of the duty or authority.


Same

(2) Subsection (1) does not relieve a local municipality of liability to which it would otherwise be subject with respect to a tort committed by an official or a person acting under his or her instructions or by an employee or agent of the local municipality. 1997, c. 24, s. 153.


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Maintenance Standards

Prescribed standards and complaints


Application of prescribed standards

154. (1) The prescribed maintenance standards apply to a residential complex and the rental units located in it if,

    (a) the residential complex is located in unorganized territory;

    (b) there is no municipal property standards by-law that applies to the residential complex; or

    (c) the prescribed circumstances apply. 1997, c. 24, s. 154 (1).


Minister to receive complaints

(2) The Minister shall receive any written complaint from a current tenant of a rental unit respecting the standard of maintenance that prevails with respect to the rental unit or the residential complex in which it is located if the prescribed maintenance standards apply to the residential complex. 1997, c. 24, s. 154 (2).


Complaints to be investigated

(3) Upon receiving a complaint respecting a residential complex or a rental unit in it, the Minister shall cause an inspector to make whatever inspection the Minister considers necessary to determine whether the landlord has complied with the prescribed maintenance standards. 1997, c. 24, s. 154 (3).


Cost of inspection

(4) The Minister may charge a municipality and the municipality shall pay the Minister for the cost, as prescribed, associated with inspecting a residential complex in the municipality, for the purposes of investigating a complaint under this section and ensuring compliance with a work order under section 155. 1997, c. 24, s. 154 (4).


Same

(5) If a municipality fails to make payment in full within 60 days after the Minister issues a notice of payment due under subsection (4), the notice of payment may be filed in the Superior Court of Justice and enforced as if it were a court order. 1997, c. 24, s. 154 (5); 2000, c. 26, Sched. K, s. 6 (24).


Inspector's work order

155. (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.


Same

(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 156 to the Tribunal for a review of the work order. 1997, c. 24, s. 155.


Review of work order

156. (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 Tribunal for a review of the work order.


Order

(2) On an application under subsection (1), the Tribunal 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. 1997, c. 24, s. 156.


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