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Bill 205, Protecting Renters from Illegal Evictions Act, 2020

Bell, Jessica

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Acts affected

Original

Bill 205 Original (PDF)

EXPLANATORY

NOTE

The

Bill makes various amendments respecting notices of termination of a tenancy

under the Residential Tenancies Act, 2006 and

related applications to the Landlord and Tenant Board where the grounds for the

notice relate to the personal occupation of the rental unit in question by the

landlord, a family member of the landlord or a person who purchases the rental

unit or residential complex containing the rental unit or to the repair,

renovation or demolition of the unit or its conversion to a non-residential

use. The amendments include the following amendments to the Residential Tenancies Act, 2006 :

1. Various

timeframes respecting these types of notices and applications are modified.

2. The

Act is amended to provide for the mandatory use of the forms approved by the

Landlord and Tenant Board (the “Board”) when giving these types of notices.

3. In

the case of notice due to repair, renovation, demolition or conversion, the Act

is amended to require that the landlord provide the tenant with copies of

necessary approvals for the repair, renovation, demolition or conversion.

4. In

cases where the Board finds that a landlord gave any of these types of notices

in bad faith, the remedies available to the Board are expanded. Notably, the

Act is amended to require the Board to impose a monetary penalty in such cases.

5. The

Act is amended to require the Board to maintain a registry of these types of

applications and to provide notice of them to the Minister of Municipal Affairs

and Housing.

addition, the Ministry of Municipal Affairs and Housing

Act is amended to require the Minister to take certain measures to

confirm that these types of notices were given in good faith and to notify

former tenants where the notices were presumptively given in bad faith.

Statutes governing the provision of legal aid services are amended to require

the mandatory provision of legal representation before the Board to individuals

who have received notices terminating their tenancy for reasons unrelated to

their conduct.

Bill 205 2020

Act to amend the Residential Tenancies Act, 2006 and other Acts with respect to

certain categories of evictions and the provision of legal representation with

respect to such evictions

Her

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

Province of Ontario, enacts as follows:

Section 43 of the Residential Tenancies Act, 2006

is amended by adding the following subsections:

Content

of form

(3) If

a landlord fails to use the form approved by the Board when giving a notice of

termination under

section 48 (Notice, landlord personally, etc., requires

unit), 49 (Notice, purchaser personally requires unit) or 50 (Notice,

demolition, conversion or repairs),

(

a) the

landlord is considered not to have given a notice of termination for the

purposes of this Act; and

(

b) the

Board shall accordingly refuse to accept any application for an order

terminating the tenancy and evicting the tenant.

deviations in form

(4) Section

84 of the Legislation Act, 2006 does not apply with

respect to the notices referred to in subsection (3).

(1) Subsection 48 (1) of the Act is amended by striking out “one

year” in the portion before clause (

a) and substituting “two years”.

(2) Subsection

48 (2) of the Act is amended by striking out “60 days” and substituting “six

months”.

Section 48.1 of the Act is amended by striking out “one month’s rent” and

substituting “three months rent”.

(1) Subsection 49 (1) of the Act is amended by adding “for a period

of at least two years” after “for the purpose of residential occupation” in the

portion before clause (a).

(2) Subsection

49 (3) of the Act is amended by striking out “60 days” and substituting “six

months”.

(1) Section 50 of the Act is amended by adding the following

subsection:

Same

(1.1) The

notice of termination must be accompanied by copies of all valid approvals

necessary to demolish, convert, repair or renovate the rental unit, as the case

may be, and, in the case of repairs or renovations to a rental unit, the

approvals must authorize repairs or renovations that are so extensive that they

require vacant possession of the rental unit.

(2) Subsection

50 (2) of the Act is amended by striking out “120 days” and substituting “six

months”.

Clauses 52 (1) (

a) to (

c) of the Act are repealed and the following

substituted:

(

a) the

tenant receives notice of termination of the tenancy for the purposes of

demolition or conversion to non-residential use; and

(

b) in

the case of a demolition, it was not ordered to be carried out under the

authority of any other Act.

(1) Section 57 of the Act is amended by adding the following subsection:

Mandatory

order for compensation

(1.1) In

addition to any of the orders referred to in subsection (3), if, on application

by a former tenant of a rental unit, the Board determines that the landlord

engaged in the bad faith conduct referred to in clause (1) (a), (

b) or (c), the

Board shall order that the landlord pay a sum equivalent to the greater of 12 months

of the former tenant’s rent and $35,000.

(2) Subsection

57 (2) of the Act is amended by striking out “one year” and substituting “two

years”.

(3) If

this Act receives Royal Assent before subsection 9 (1) of

Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020

comes into force, subsection 9 (1) of

Schedule 4 to the Protecting

Tenants and Strengthening Community Housing Act, 2020 is repealed.

(4) If

subsection 9 (1) of

Schedule 4 to the Protecting Tenants

and Strengthening Community Housing Act, 2020 is repealed by subsection

(3), subsection 57 (3) of the Act is amended by repealing paragraph 1 and by

adding the following paragraphs:

2.1 An

order that the landlord pay a specified sum to the former tenant for reasonable

out-of-pocket moving, storage and other like expenses that the former tenant

has incurred or will incur.

2.2 If

the rental unit in question is vacant when the order is issued, an order

allowing the former tenant to occupy the rental unit, on the same terms as set

out in the tenancy agreement that was subject to termination.

2.3 An

order requiring the landlord to provide the former tenant with the next rental

unit owned in whole or in part by the landlord that becomes vacant at the same rent

that the former tenant was previously paying, if the former tenant’s rental

unit is not vacant when the order is issued.

2.4 An

order that the landlord charge to the new tenant of the former tenant’s rental

unit the last amount of rent legally charged to the former tenant, if the

rental unit is not vacant when the order is issued.

(5) If

this Act receives Royal Assent after subsection 9 (1) of

Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020

comes into force, subsection 57 (3) of the Act is amended by repealing

paragraphs 1 and 1.1 and by adding the following paragraphs:

2.1 If

the rental unit in question is vacant when the order is issued, an order

allowing the former tenant to occupy the rental unit, on the same terms as set

out in the tenancy agreement that was subject to termination.

2.2 An

order requiring the landlord to provide the former tenant with the next rental

unit owned in whole or in part by the landlord that becomes vacant at the same

rent that the former tenant was previously paying, if the former tenant’s

rental unit is not vacant when the order is issued.

2.3 An

order that the landlord charge to the new tenant of the former tenant’s rental

unit the last amount of rent legally charged to the former tenant, if the

rental unit is not vacant when the order is issued.

(6) Clause

57 (6) (

b) of the Act is amended by striking out “one year” and substituting

“two years”.

(7) If

this Act receives Royal Assent before subsection 9 (2) of

Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020

comes into force, subsection 9 (2) of

Schedule 4 to the Protecting

Tenants and Strengthening Community Housing Act, 2020 is repealed.

(8) If

this Act receives Royal Assent after subsection 9 (2) of

Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020

comes into force, subsection 57 (8) of the Act is repealed.

The Act is amended by adding the following section:

Information

respecting certain types of evictions

179.1

(1) The

Board shall maintain a register of all applications for an order terminating a

tenancy and evicting the tenant on the basis of a notice of termination under

sections 48 (Notice, landlord personally, etc., requires unit), 49 (Notice, purchaser

personally requires unit) and 50 (Notice, demolition, conversion or repairs)

and notify the Minister of every such order that the Board issues.

Reports

(2) On

or before April 1 in each year, the Board shall publish a report respecting the

applications referred to in subsection (1) received during the previous year that

includes,

(

a) the

number of applications received, categorized by type of notice of eviction;

(

b) the

addresses of the rental units associated with each application; and

(

c) the

outcome of each application.

Same

(3) The

report shall not include the names of any of the parties to an application.

Legal

Aid Services Act, 1998

Section 13 of the Legal Aid Services Act, 1998 is

amended by adding the following subsections:

Legal

representation before the LTB

(1.1) The

Corporation shall provide legal aid services in the form of legal representation

before the Landlord and Tenant Board to all individuals who have received a

notice under the Residential Tenancies Act, 2006 to

terminate the individual’s tenancy for a reason unrelated to the conduct of the

individual and who request such legal representation.

Exception

(1.2) The

eligibility criteria set out in

section 16 do not apply with respect to the

provision of legal aid services under subsection (1.1) and the Corporation may

not require an individual to contribute towards the costs for the legal aid

services under

section 40.

Legal

Aid Services Act, 2020

The Legal Aid Services Act, 2020 is amended by

adding the following section:

Legal

representation before the LTB

4.1

(1) The

Corporation shall provide legal aid services in the form of legal

representation before the Landlord and Tenant Board to all individuals who have

received a notice under the Residential Tenancies Act,

2006 terminating the individual’s tenancy for a reason unrelated to the

conduct of the individual and who request such representation.

Same

(2) The

conditions of eligibility to receive legal aid services referred to in

section

7 do not apply with respect to the provision of legal aid services under

subsection (1) and the Corporation may not require an individual to contribute

towards the costs of providing the legal aid services under

section 9.

Ministry

of Municipal Affairs and Housing Act

Section 4 of the Ministry of Municipal Affairs and Housing

Act is amended by adding the following subsections:

Functions

specific to no-fault evictions

(1.1) As

part of the Minister’s responsibilities under subsection (1), the Minister

shall, with respect to orders terminating tenancies of which the Minister is

notified by the Landlord and Tenant Board under subsection 179.1 (1) of the Residential Tenancies Act, 2006 , take such measures as he

or she considers appropriate to confirm that the notices to terminate those

tenancies were given in good faith.

Same

(1.2) In

performing his or her functions under subsection (1.1), if the Minister learns that

a landlord has done any of the things referred to in subsection 57 (5) of the Residential Tenancies Act, 2006 during the period

described in subsection 57 (6) of that Act, the Minister shall notify the

former tenant of the rental unit in question that,

(

a) the

landlord presumptively gave the notice of eviction in bad faith; and

(

b) the

former tenant may make an application referred to in

section 57 of the Residential Tenancies Act, 2006 within two years

following the day on which the former tenant vacated the rental unit.

Commencement

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

it receives Royal Assent.

(2) Section

10 comes into force on the later of the day

section 3 of

Schedule 15 to the Smarter and Stronger Justice Act, 2020 comes into force

and the day this Act receives Royal Assent.

Short

title

The

short title of this Act is the Protecting Renters from

Illegal Evictions Act, 2020 .

Date Bill stage Event Outcome Committee

November 16, 2020

Second Reading

Vote

Lost on division

November 16, 2020

Second Reading

Deferred vote

November 16, 2020

Second Reading

Debated

September 22, 2020

First Reading

Vote

Carried

Debates and Progress

First Reading

September 22, 2020

Committee

Second Reading

November 16, 2020

Ms. Jessica Bell, Mr. Jim McDonell, Ms. Rima Berns-McGown, Mr. Chris Glover, Mr. Faisal Hassan, Ms. Suze Morrison, Ms. Sara Singh, Mme France Gélinas

Vote deferred.

November 16, 2020

Lost on recorded division.

Committee

Third Reading

Royal Assent

Acts affected - Bill 205

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

Legal Aid Services Act, 1998

Legal Aid Services Act, 2020

Ministry of Labour Act

Ministry of Municipal Affairs and Housing Act

Protecting Tenants and Strengthening Community Housing Act, 2020

Residential Tenancies Act, 2006

Legislative Assembly of Ontario

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