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Bill 72, St. James Town Act (Residential Tenancies Amendments), 2021

Morrison, Suze

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Debates

Acts affected

Original

Bill 72 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Residential Tenancies Act, 2006 to

do the following:

1. Require

landlords of residential complexes with 10 or more residential units to

maintain an account, at a financial institution, into which the prescribed

percentage of the rents of the residential complex must be deposited. The money

in the account can only be used for repairs to the complex.

2. Provide

that any hearing of the Landlord and Tenant Board with respect to applications

made by tenants under the Act should be a written hearing, if the tenant

requests a written hearing, unless the landlord satisfies the Board that there

is a good reason to hear oral evidence or submissions.

3. Provide

that the Board must order an abatement of rent in certain situations in which

the landlord fails to comply with their obligations under the Act or performs

certain activities set out in the Act.

4. Provide

that the changes referred to in paragraphs 1 and 3 do not apply to rental units

referred to in subsection 7 (1) of the Act.

Bill 72 2021

Act to amend the Residential Tenancies Act, 2006

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Subsection 7 (1) of the Residential Tenancies Act, 2006

is amended by striking out the portion before paragraph 1 and substituting the

following:

(1) Section

21.1, paragraphs 6, 7 and 8 of subsection 30 (1), subsections 30 (1.1),

(1.2) and 31 (1.1), sections 48.1, 49.1, 51, 52, 54, 55, 56 and 95 to 99, subsection

100 (2) and sections 101, 102, 104, 111 to 115, 117, 120, 121, 122, 126 to 133,

140, 143, 149, 150, 151, 159, 165 and 167 do not apply with respect to a rental

unit described below:

. . . .

The Act is amended by adding the following section:

Maintenance

accounts

21.1

(1) A

landlord of a residential complex that contains 10 or more rental units shall,

(

a) maintain

an account at a financial institution in respect of the complex; and

(

b) deposit

into the account the prescribed percentage of any rent paid with respect to a

rental unit in the complex within 30 days of receiving the rent payment.

Use

of maintenance accounts

(2) A

landlord shall use the money in an account maintained under subsection

(1) solely for major repairs that are required to be made to,

(

a) a

rental unit in the residential complex; or

(

b) a

common area or facility in the residential complex that is available for the

use of its residents.

Major

repairs

(3) For

the purposes of this section, a major repair does not include any of the

following:

1. The

routine maintenance of the residential unit.

2. The

repair or replacement of any system or thing that is required to be repaired or

replaced because it was not routinely maintained by the landlord.

3. The

repair or replacement of any system or thing that is required to be repaired or

replaced earlier than would be expected because it was not routinely maintained

by the landlord.

Section 29 of the Act is amended by adding the following subsections:

Written

hearing

(3) Any

hearing of the Board with respect to an application made under this

section

shall be a written hearing if the tenant so requests unless the landlord

satisfies the Board that there is a good reason to hear oral evidence or

submissions.

Same

(4) The

Board shall ensure that its rules made under

section 25.1 of the Statutory Powers Procedure Act deal with written hearings

under subsection (3).

(1) Paragraph 2 of subsection 30 (1) of the Act is repealed.

(2) Section

30 of the Act is amended by adding the following subsections:

Order,

abatement of rent

(1.1) If

the Board determines in an application under paragraph 1 of subsection 29

(1) that a landlord has breached an obligation under subsection 20 (1) or

section

161, the Board shall, after considering the severity and duration of the

breach, order an abatement of rent that is not less than the amount determined

in accordance with the regulations, if any.

Same

(1.2) The

Board shall order the abatement regardless of the degree to which the landlord

was responsible for the breach.

(1) Clause 31 (1) (

c) of the Act is amended by adding “in the case

of the landlord, a superintendent or an agent of the landlord having illegally

entered the rental unit” at the beginning.

(2) Section

31 of the Act is amended by adding the following subsection:

Same

(1.1) If

the Board determines that a landlord, a superintendent or an agent of a

landlord has done one or more activities set out in paragraphs 2 to 5 of

subsection 29 (1), the Board shall, after considering the impact of the

activities on the tenant and their duration, order an abatement of rent that is

not less than the amount determined in accordance with the regulations, if any.

Paragraph 2 of subsection 126 (1) of the Act is amended by adding “but, in the

case of a residential complex containing 10 or more rental units, only if the

amount of those expenses exceeded the balance of the account referred to in

section 21.1 at the time they were incurred and only with respect to the amount

of the excess” at the end.

Commencement

(1) Subject to subsection (2), this Act comes into force on the day

it receives Royal Assent.

(2) Section

2 comes into force three months after the day this Act receives Royal Assent.

Short

title

The

short title of this Act is the St. James Town Act

(Residential Tenancies Amendments), 2021 .

Date Bill stage Event Outcome Committee

December 7, 2021

First Reading

Vote

Carried

Debates and Progress

First Reading

December 7, 2021

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 72

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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