Residential Tenancies Amendment Act (Rental Insurance), 2009 Prue, Michael — Bill 209 (39th Parliament, 1st Session)

Bill 209, 39-1

Ontario — Bills

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Bill 209, Residential Tenancies Amendment Act (Rental Insurance), 2009

Prue, Michael

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Original

[39] Bill 209 Original (PDF)

Bill 209 2009

An Act to amend the Residential Tenancies Act, 2006 with

respect to landlords' obligation to provide rental insurance

Note:

This Act amends the Residential

Tenancies Act, 2006 . For the legislative history of the Act, see

the Table of Consolidated Public Statutes – Detailed Legislative History at

www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. The Residential Tenancies Act, 2006 is

amended by adding the following section:

Landlord's responsibility re insurance

20.1

(1) A

landlord is responsible in respect of all residential complexes containing five

or more rentals units for obtaining and maintaining an insurance policy for,

(

a) damage

to the entire residential complex, including the common areas of the

residential complex and the exterior of the residential complex; and

(

b) damage

to each individual rental unit, including the tenant's personal property.

Insurance premiums to be included in rent

(2) A landlord shall calculate the insurance premiums for

each individual rental unit, and the insurance premiums shall be included in

the amount charged to the tenant as part of his or her rent.

Insurable interest

(3) A tenant who is not exempt under subsection (7) from

the landlord's rental insurance shall have an insurable interest in his or her

individual rental unit, including his or her personal property within the

rental unit.

New tenancy agreement to indicate cost of insurance

premiums

(4) A tenancy agreement entered into after this Act comes

into force shall indicate an estimate of the cost of the insurance premium

included in the cost of rent.

Existing tenancy agreement

(5) If a tenancy agreement was entered into before this

Act came into force, the landlord shall indicate the cost of the insurance

premium in the same manner and at the same time as a notice of rent increase

under this Act.

Increase in cost of premiums

(6) Despite any changes in the landlord's insurance

premiums, the landlord shall calculate the rent increase as the sum of:

(

a) the

guideline in subsection 120 (2) applied to the amount of rent charged in the

previous year, excluding any insurance premiums; and

(

b) the

cost of the insurance premiums for the current year as determined by the

insurance company.

Tenant may be exempt

(7) A tenant is not required to pay the premium indicated

in his or her tenancy agreement if he or she has submitted proof to the

landlord in the prescribed form that he or she has obtained comparable

insurance.

Reduction of rent

(8) A tenant who has obtained his or her own insurance is

entitled to a reduction in his or her rent equal to the amount of the insurance

premiums described in the tenancy agreement.

Landlord shall pay insurance premium

(9) A

landlord shall pay the required insurance premium from the first day a tenant

occupies a rental unit until the earlier of the day the tenant no longer

occupies the rental unit or an order evicting the tenant is executed.

Section 233 of the Act is amended by

adding the following clause:

(a.1) fails

to pay a required insurance premium related to the tenant's rental unit in

contravention of

section 20.1;

3. Subsection 241 (1) of the Act is amended

by adding the following paragraphs:

11.1 prescribing

the content and scope of the required landlord's insurance for the residential

complex and each individual unit;

11.2 prescribing

the rules governing the conditions under which a tenant may claim an insurable

interest in his or her rental unit or personal property and the process for

making that claim;

11.3 prescribing

the conditions under which a tenant is not required to pay the landlord's

rental insurance premiums and the process for obtaining that exemption;

Commencement

4. This Act comes into force six months after

the day it receives Royal Assent.

Short title

5. The

short title of this Act is the Residential Tenancies Amendment

Act (Rental Insurance), 2009 .

EXPLANATORY NOTE

The

Bill amends the Residential Tenancies Act, 2006 by creating an obligation for

every landlord to obtain and maintain insurance for every residential complex

containing five or more rental units and to obtain and maintain insurance for

the tenant's personal property within each rental unit. The insurance premiums

for each individual unit are added to the rent of the tenant thereby creating

an insurable interest. A tenant may be exempt from paying the insurance

premiums as part of his or her rent if proof of alternate insurance coverage is

provided to the landlord in the prescribed form.

Date Bill stage Activity Committee

October 29, 2009

Second Reading

Lost on division

October 29, 2009

Second Reading

Debate

October 7, 2009

First Reading

Carried

Debates and Progress

First Reading

October 7, 2009

Committee

Second Reading

October 29, 2009

Mr. Michael Prue, Mr. Khalil Ramal, Mrs. Joyce Savoline, M me France Gélinas, Mr. Lou Rinaldi, Mr. Gilles Bisson

October 29, 2009

October 29, 2009

Lost on division.

Committee

Third Reading

Royal Assent :

Coming into force :

4. This Act comes into force six months after the day it receives Royal Assent.

Acts affected - Bill 209

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Residential Tenancies Act, 2006

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 209, 39-1
Type	bill
Volume / chapter	p39 s1 bill 209 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	0d425ca634d4649d2449d61f7e77bf01805c3519

Source file is stored in the law ingest library (html).