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This law was repealed on January 31, 2007 and is no longer in use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


GENERAL




Administration and Enforcement


Duties of Minister

200. The Minister shall,

    (a) monitor compliance with this Act;

    (b) investigate cases of alleged failure to comply with this Act; and

    (c) where the circumstances warrant, commence or cause to be commenced proceedings with respect to alleged failures to comply with this Act. 1997, c. 24, s. 200.


Delegation

201. The Minister may in writing delegate to any person any power or duty vested in the Minister under this Act, subject to the conditions set out in the delegation. 1997, c. 24, s. 201.


Investigators and inspectors

202. The Minister may appoint investigators for the purpose of investigating alleged offences and inspectors for the purposes of sections 154 and 155. 1997, c. 24, s. 202.


Inspection and investigation

203. (1) Subject to subsection (6), an inspector or investigator may, at all reasonable times and upon producing proper identification, enter any property for the purpose of carrying out his or her duty under this Act and may,

    (a) require the production for inspection of documents or things, including drawings or specifications, that may be relevant to the inspection or investigation;

    (b) inspect and remove documents or things relevant to the inspection or investigation for the purpose of making copies or extracts;

    (c) require information from any person concerning a matter related to the inspection or investigation;

    (d) be accompanied by a person who has special or expert knowledge in relation to the subject matter of the inspection or investigation;

    (e) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection or investigation; and

    (f) order the landlord to take and supply at the landlord's expense such tests and samples as are specified in the order.


Samples

(2) The inspector or investigator shall divide the sample taken under clause (1) (e) into two parts and deliver one part to the person from whom the sample is taken, if the person so requests at the time the sample is taken and provides the necessary facilities.


Same

(3) If an inspector or investigator takes a sample under clause (1) (e) and has not divided the sample into two parts, a copy of any report on the sample shall be given to the person from whom the sample was taken.


Receipt

(4) An inspector or investigator shall provide a receipt for any documents or things removed under clause (1) (b) and shall promptly return them after the copies or extracts are made.


Evidence

(5) Copies of or extracts from documents and things removed under this section and certified as being true copies of or extracts from the originals by the person who made them are admissible in evidence to the same extent as and have the same evidentiary value as the originals.


Where warrant required

(6) Except under the authority of a warrant issued under section 204, an inspector or investigator shall not enter any room or place actually used as a dwelling without requesting and obtaining the consent of the occupier, first having informed the occupier that the right of entry may be refused and entry made only under the authority of a warrant. 1997, c. 24, s. 203.


Warrant

204. (1) A provincial judge or justice of the peace may at any time issue a warrant in the prescribed form authorizing a person named in the warrant to enter and search a building, receptacle or place if the provincial judge or justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that an offence has been committed under this Act and the entry and search will afford evidence relevant to the commission of the offence.


Seizure

(2) In a warrant, the provincial judge or justice of the peace may authorize the person named in the warrant to seize anything that, based on reasonable grounds, will afford evidence relevant to the commission of the offence.


Receipt and removal

(3) Anyone who seizes something under a warrant shall,

    (a) give a receipt for the thing seized to the person from whom it was seized; and

    (b) bring the thing seized before the provincial judge or justice of the peace issuing the warrant or another provincial judge or justice to be dealt with according to law.


Expiry

(4) A warrant shall name the date upon which it expires, which shall be not later than 15 days after the warrant is issued.


Time of execution

(5) A warrant shall be executed between 6 a.m. and 9 p.m. unless it provides otherwise.


Other matters

(6) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications with respect to any thing seized under this section. 1997, c. 24, s. 204.


Protection from personal liability

205. (1) No proceeding for damages shall be commenced against an investigator, an inspector, a member of the Tribunal, a lawyer for the Tribunal or an officer or employee of the Ministry or the Tribunal 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 Act or for any neglect or default in the performance or exercise in good faith of such a duty or power.


Crown liability

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of any liability to which it would otherwise be subject in respect of a tort committed by an investigator, an inspector, a member of the Tribunal, a lawyer for the Tribunal or an officer or employee of the Ministry or the Tribunal. 1997, c. 24, s. 205.


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Offences


Offences

206. (1) Any person who knowingly does any of the following is guilty of an offence:

    1. Restrict reasonable access to the residential complex by political candidates or their authorized representatives in contravention of section 22.

    2. Alter or cause to be altered the locking system on any door giving entry to a rental unit or the residential complex in a manner that contravenes section 23.

    3. Withhold reasonable supply of a vital service, care service or food or deliberately interfere with the supply in contravention of section 25.

    4. Harass, hinder, obstruct or interfere with a tenant in the exercise of,

      i. securing a right or seeking relief under this Act or in the court,

      ii. participating in a proceeding under this Act, or

      iii. participating in a tenants' association or attempting to organize a tenants' association.

    5. Harass, coerce, threaten or interfere with a tenant in such a manner that the tenant is induced to vacate the rental unit.

    6. Harass, hinder, obstruct or interfere with a landlord in the exercise of,

      i. securing a right or seeking relief under this Act or in the court, or

      ii. participating in a proceeding under this Act.

    7. Seize any property of the tenant in contravention of section 31.

    8. Obtain possession of a rental unit improperly by giving a notice to terminate in bad faith.

    9. Fail to afford a tenant a right of first refusal in contravention of section 54 or 56.

    10. Recover possession of a rental unit without complying with the requirements of sections 55, 57 and 58.

    11. Coerce a tenant of a mobile home park or land lease community to enter into an agency agreement for the sale or lease of their mobile home or land lease home or to require an agency agreement as a condition of entering into a tenancy agreement.

    12. Coerce a tenant to sign an agreement referred to in section 130. 1997, c. 24, s. 206 (1).


Same

(2) Any person who does any of the following is guilty of an offence:

    1. Furnish false or misleading information in any material filed in any proceeding under this Act or provided to the Tribunal, an employee or official of the Tribunal, an inspector, an investigator, the Minister or a designate of the Minister.

    2. Enter a rental unit where such entry is not permitted by section 20, 21 or 94 or enter without first complying with the requirements of section 20, 21 or 94.

    3. Contravene an order of the Tribunal that,

      i. orders a landlord to do specified repairs or other work within a specified time, or

      ii. orders that a landlord, a superintendent or an agent of a landlord may not engage in any further activities listed in paragraphs 3 to 10 of subsection 32 (1) against any of the tenants in a residential complex.

    4. Unlawfully recover possession of a rental unit.

    4.1 Fail to make an evicted tenant's property available for retrieval in accordance with subsection 42 (3).

    5. Give a notice to terminate a tenancy under section 51 or 52 in contravention of section 54.

    6. Give a notice of rent increase or a notice of increase of a charge in a care home without first giving an information package contrary to section 92.

    7. Increase a charge for providing a care service or meals to a tenant in a care home in contravention of section 101.

    8. Interfere with a tenant's right under section 105 to sell or lease his or her mobile home.

    9. Restrict the right of a tenant of a mobile home park or land lease community to purchase goods or services from the person of his or her choice in contravention of section 109.

    10. Require or receive a security deposit from a tenant contrary to section 117.

    11. Fail to pay to the tenant annually interest on the rent deposit held in respect of their tenancy in accordance with subsection 118 (6).

    12. Fail to apply the rent deposit held in respect of a tenancy to the rent for the last month of the tenancy in contravention of subsection 118 (8).

    12.1 Fail to repay an amount received as a rent deposit as required by subsection 118.1 (1) or (2).

    13. Fail to provide a tenant with a receipt in accordance with section 120.

    14. Charge rent in an amount greater than permitted under the Act.

    15. Require a tenant to pay rent proposed in an application in contravention of subsection 138 (4).

    16. Charge or collect amounts from a tenant, a prospective tenant, a subtenant, a potential subtenant, an assignee or a potential assignee in contravention of section 140.

    17. Fail to comply with any or all of the items contained in a work order issued under section 155.

    18. Charge an illegal contingency fee in contravention of subsection 199 (1).

    19. Obstruct or interfere with an inspector or investigator exercising a power of entry under section 203. 1997, c. 24, s. 206 (2); 2000, c. 26, Sched. K, s. 6 (30, 31); 2001, c. 9, Sched. J, s. 4 (11).


Same

(3) Any landlord or superintendent, agent or employee of the landlord who knowingly harasses a tenant or interferes with a tenant's reasonable enjoyment of a rental unit or the residential complex in which it is located is guilty of an offence. 1997, c. 24, s. 206 (3).


Exception

(3.1) For the purposes of subsection (3), the carrying out of repairs, maintenance and capital improvements does not constitute harassment or interference with a tenant's reasonable enjoyment of a rental unit or the residential complex in which it is located unless it is reasonable to believe,

    (a) that the date or time when the work is done or the manner in which it is carried out is intended to harass the tenant or interfere with the tenant's reasonable enjoyment; or

    (b) that the repairs, maintenance or capital improvements were carried out without reasonable regard for the tenant's right to reasonable enjoyment. 2001, c. 9, Sched. J, s. 4 (12).


Same

(4) Any person who knowingly attempts to commit any offence referred to in subsection (1), (2) or (3) is guilty of an offence. 1997, c. 24, s. 206 (4).


Same

(5) Every director or officer of a corporation who knowingly concurs in an offence is guilty of an offence. 1997, c. 24, s. 206 (5).


Same

(6) A person, other than a corporation, who is guilty of an offence under this section is liable on conviction to a fine of not more than $10,000. 1997, c. 24, s. 206 (6).


Same

(7) A corporation that is guilty of an offence under this section is liable on conviction to a fine of not more than $50,000. 1997, c. 24, s. 206 (7).


Limitation

(8) No proceeding shall be commenced respecting an offence under paragraph 1 of subsection (2) more than two years after the date on which the facts giving rise to the offence came to the attention of the Minister. 1997, c. 24, s. 206 (8).


Same

(9) No proceeding shall be commenced respecting any other offence under this section more than two years after the date on which the offence was, or is alleged to have been, committed. 1997, c. 24, s. 206 (9).


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Evidence


Proof of filed documents

207. (1) The production by a person prosecuting a person for an offence under this Act of a certificate, statement or document that appears to have been filed with or delivered to the Tribunal by or on behalf of the person charged with the offence shall be received as evidence that the certificate, statement or document was so filed or delivered. 1997, c. 24, s. 207 (1).


Proof of making

(2) The production by a person prosecuting a person for an offence under this Act of a certificate, statement or document that appears to have been made or signed by the person charged with the offence or on the person's behalf shall be received as evidence that the certificate, statement or document was so made or signed. 1997, c. 24, s. 207 (2).


Proof of making, Tribunal or Minister

(3) The production by a person prosecuting a person for an offence under this Act of any order, certificate, statement or document, or of any record within the meaning of section 20 of the Statutory Powers Procedure Act, that appears to have been made, signed or issued by the Tribunal, the Minister, an employee of the Tribunal or an employee of the Ministry, or of any extract or copy of such an order, certificate, statement, document or record certified by the person that made it as a true extract or copy, shall be received as evidence that the order, certificate, statement, document or record was so made, signed or issued. 2000, c. 26, Sched. K, s. 6 (32).


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Regulations


Regulations

208. (1) The Lieutenant Governor in Council may make regulations,

    1. prescribing services that are to be included or not included in the definition of "care services" in subsection 1 (1);

    2. prescribing charges not to be included in the definition of "municipal taxes and charges" in subsection 1 (1);

    3. prescribing circumstances under which one or more rental units that form part of a residential complex, rather than the entire residential complex, are care homes for the purposes of the definition of "care home" in subsection 1 (1);

    4. providing that specified provisions of this Act do not apply with respect to specified classes of accommodation;

    5. prescribing classes of accommodation for the purposes of clause 3 (m);

    6. prescribing grounds of an application for the purposes of clause 7 (1) (b);

    7. respecting the rules for making findings for the purposes of subsection 7 (2);

    7.1 prescribing for the purposes of section 26, paragraph 6 of subsection 32 (1) and subsection 35 (1),

      i. standards and criteria to be applied by the Tribunal in determining if a landlord, superintendent or agent of a landlord has substantially interfered with the reasonable enjoyment of a rental unit or residential complex in carrying out maintenance, repairs or capital improvements to the unit or complex, and

      ii. criteria to be applied by the Tribunal in determining whether to order an abatement of rent under subsection 35 (1) when a landlord, superintendent or agent of a landlord is found to have substantially interfered with the reasonable enjoyment of a rental unit or residential complex in carrying out maintenance, repairs or capital improvements to the unit or complex and rules for calculating the amount of the abatement;

    8. prescribing the information that shall be contained in an information package for the purposes of section 92;

    9. prescribing rules for determining the amount by which rent charged to a new tenant may exceed the last lawful rent charged for the purposes of section 114;

    10. prescribing services and things for the purposes of section 116;

    11. prescribing rules for calculating the lawful rent which may be charged where a landlord provides a tenant with a discount in rent at the beginning of, or during, a tenancy and the rules may differ for different types of discounts;

    12. prescribing rules for the calculation of lawful rent where the rent a landlord charges for the first rental period of a tenancy is greater than the rent the landlord charges for any subsequent rental period;

    13. prescribing the circumstances under which lawful rent for the purposes of section 123 will be other than that provided for in section 123 and providing the lawful rent under those circumstances;

    14. prescribing the Table setting out the weights and operating costs categories needed to calculate the guideline;

    15. respecting rules for increasing or decreasing rent charged for the purposes of sections 132 and 134;

    16. prescribing services, facilities, privileges, accommodations and things for the purposes of paragraph 2 of subsection 132 (1);

    17. prescribing rules with respect to making findings in an order under section 138 and prescribing time periods during which rent increases may be taken;

    18. prescribing the rules for phasing in of an increase in rent for the purposes of subsection 138 (10);

    19. prescribing rules for the purposes of section 139;

    20. exempting specified payments from the operation of section 140;

    21. prescribing the rules for making findings for the purposes of subsection 142 (3);

    22. prescribing the rules for making findings for the purposes of subsection 143 (2) and for determining the effective date for an order under section 143;

    23. prescribing maintenance standards for the purposes of section 154;

    24. prescribing other criteria for determining areas in which maintenance standards apply for the purposes of subsection 154 (1);

    25. respecting the amount or the determination of the amount the Minister may charge a municipality for the purposes of subsection 154 (4), including payments to inspectors, overhead costs related to inspections and interest on overdue accounts;

    26. prescribing information to be filed with an application to the Tribunal;

    27. respecting the appointment, including the status, duties and benefits, of employees of the Tribunal for the purposes of section 166;

    28. restricting the circumstances in which the Tribunal may, under section 182, require a respondent to make a payment into the Tribunal;

    29. governing the management and investment of money paid into the Tribunal, providing for the payment of interest on money paid into the Tribunal and fixing the rate of interest so paid;

    30. prescribing an amount for the purposes of subsection 199 (1);

    30.1 governing electronic documents for the purposes of section 198.1, including specifying the types of documents that may be dealt with electronically for the purposes of that section, regulating the use of electronic signatures in such documents and providing for the creating, filing, providing, issuing, sending, receiving, storing, transferring and retaining of such documents;

    31. prescribing the form of a search warrant for the purposes of section 204;

    32. prescribing any matter required or permitted by this Act to be prescribed;

    33. defining any word or expression used in this Act that has not already been expressly defined in this Act. 1997, c. 24, s. 208 (1); 2000, c. 26, Sched. K, s. 6 (33); 2001, c. 9, Sched. J, s. 4 (13).


Same

(2) A regulation made under subsection (1) may be general or particular in its application. 1997, c. 24, s. 208 (2).


209.-222 . Omitted (amends or repeals other Acts). 1997, c. 24, ss. 209-222.


223 . Omitted (provides for transition). 1997, c. 24, s. 223.


224.-227 . Omitted (amends or repeals other Acts). 1997, c. 24, ss. 224-227.


228 . Omitted (provides for coming into force of provisions of this Act). 1997, c. 24, s. 228.


229 . Omitted (enacts short title of this Act). 1997, c. 24, s. 229.


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Note: The following transitional provisions were enacted as section 223 of the Tenant Protection Act, 1997:

Transitional


Transitional provisions

223. (1) Despite the prior repeal of the Residential Rent Regulation Act, that Act shall be deemed to be continued in force for the purpose only of continuing and finally disposing of the following matters:

    1. An application made under that Act before August 10, 1992.

    2. An appeal or review of an order made under that Act.

    3. A court proceeding to which the Minister or the Rent Review Hearings Board is a party if the proceeding was commenced before August 10, 1992.

    4. A court proceeding referred to in subsection 13 (5) of that Act.

    (2) Despite the repeal of the Rent Control Act, 1992, that Act shall be deemed to be continued in force for the purpose only of continuing and finally disposing of the following matters:

      1. An application made under that Act before the day this section is proclaimed in force.

      2. An appeal or reconsideration of an order made under that Act.

      3. A court proceeding to which the Minister, the Director, the Registrar or a rent officer is a party if the proceeding was commenced before the day this section is proclaimed in force.

      4. A court proceeding in which the sum claimed exceeds the monetary jurisdiction referred to in section 30 of that Act.

      5. The filing of notices of intent and the issuing of notices of carry forward under section 22 of that Act.

      6. A written complaint received by the Director under section 36 of that Act.

      7. The staying of orders made under section 38 of that Act and the lifting of those stays.

    (3) Despite the repeal of the Rent Control Act, 1992, a notice of rent increase or a notice of increased charges in a care home prescribed under that Act may be used for the purposes of this Act any time within two months after this subsection comes into force.

    (4) Any outstanding matter in a proceeding commenced before the day this section comes into force that would have been determined by the Minister or the Rent Review Hearings Board under the Residential Rent Regulation Act or by a rent officer under the Rent Control Act, 1992 shall be determined by the Tribunal unless the hearing has already commenced before the day this subsection comes into force.

    (5) An order issued under section 38 of the Rent Control Act, 1992 or section 15 of the Residential Rent Regulation Act shall remain in force with respect to a rental unit until:

      (a) the work order which resulted in the order is lifted by the authority which issued the work order;

      (b) the work order which resulted in the order is quashed or rescinded on appeal; or

      (c) the tenant who is the tenant when this subsection comes into force or an assignee under section 17 of that tenant, is no longer the tenant of the rental unit.

    (6) All orders issued under section 43 of the Rent Control Act, 1992 or section 66 of the Residential Rent Regulation Act are void on the day this subsection comes into force.

    (7) All work orders issued under section 37 of the Rent Control Act, 1992 or subsection 16 (4) of the Residential Rent Regulation Act shall be deemed to be work orders issued under section 155 of this Act and may be lifted by an inspector where the inspector is satisfied that the work order has been complied with.

    (8) Despite the repeal of Part IV of the Landlord and Tenant Act, that Part shall be deemed to be continued in force for the purpose only of continuing and finally disposing of any applications commenced before the day this subsection comes into force, including any appeals with respect to those applications.

    (9) Despite the repeal of Part IV of the Landlord and Tenant Act, a notice of termination prescribed under that Act may be used for the purposes of this Act any time within two months after this subsection comes into force.

    (10) Despite the repeal of the Rental Housing Protection Act, that Act shall be deemed to be continued in force for the purpose only of continuing and finally disposing of any proceedings commenced before the day this subsection comes into force, including any appeals with respect to those proceedings.

    (11) Sections 54, 55, 57, 58 and 59 of this Act do not apply where a landlord has obtained approval from the municipality under the Rental Housing Protection Act with respect to the activities referred to in those sections.


See: 1997, c. 24, s. 223.

Ver: 6.0g

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