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Bill 170, Keeping People Housed Act, 2024

Clancy, Aislinn

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Bill 170 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Residential Tenancies Act, 2006 ,

the City of Toronto Act, 2006 and the Municipal Act, 2001 to implement various measures

relating to rental accommodation.

The

major elements of the amendments to the Residential

Tenancies Act, 2006 are as follows:

1. Repealing

section 6.1, removing the exemption from rent control provisions for the units

described in that section.

2. Amending

section 50 to require notices of termination for demolition, conversion or

repair to include the approvals necessary for the demolition, conversion or

repair and other specified documentation.

3. Amending

section 54 to require landlords who are terminating a tenancy for the purpose

of repairs or renovations to offer the tenant another acceptable rental unit

for the period of the repairs or renovations or provide specified compensation.

4. Enacting

new

section 113 to specify that the lawful rent that may be charged to a new

tenant must be related to the amount that was last charged for the unit in

accordance with the rules set out in this section. Amendments are made

throughout the Act to support these rules, including an amendment to

section

115 that allows tenants to apply to the Board for an order determining the

maximum amount of rent that may lawfully be charged.

5. Enacting

a new

Part XI.1, establishing a rent registry to be maintained by the Landlord

and Tenant Board that requires landlords to file statements for inclusion in

the Registry. The amendments also provide for consequences for failing to file

statements with the registry.

6. Enacting

new

section 232.1 to establish a Rental Task Force to inquire into issues

related to above-guideline rent increases and publish a report.

The

City of Toronto Act, 2006 and the Municipal Act, 2001 are both amended to prohibit

approvals of conversions or demolitions of buildings or a group of buildings

that would result in the loss of six or more rental units unless the rents for

those units exceed mid-range rents at the time of the application or the person

seeking approval replaces the rental units in the specified manner and

implements a tenant relocation and assistance plan.

Bill 170 2024

Act to amend the Residential Tenancies Act, 2006, the City of Toronto Act, 2006

and the Municipal Act, 2001 to implement various measures respecting rental

accommodation

His

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

Province of Ontario, enacts as follows:

Subsection 6 (1) of the Residential Tenancies Act, 2006

is amended by striking out “6, 7 and 8” in the portion before clause (

a) and

substituting “7 and 8”.

Section 6.1 of the Act is repealed.

Subsection 7 (1) of the Act is amended by striking out “6, 7 and 8” in the

portion before paragraph 1 and substituting “7 and 8”.

Subsection 8 (1) of the Act is amended by striking out “paragraph 6 of

subsection 30 (1) and

Part VII do not apply” and substituting “Part VII does

not apply”.

Paragraph 6 of subsection 30 (1) of the Act is repealed.

Subsection 36.1 (11) of the Act is amended by striking out “and any order under

paragraph 6 of subsection 30 (1)”.

(1) Subsection 37 (7) of the Act is amended by adding “and” at the

end of clause (a), by striking out “and” at the end of clause (

b) and by repealing

clause (c).

(2) Subsection

37 (9) of the Act is amended by striking out “clauses 7 (a), (

b) and (c)” and

substituting “clauses 7 (

a) and (b)”.

Section 50 of the Act is amended by adding the following subsection:

Same

(1.1) The

notice of termination must be accompanied by,

(

a) 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; and

(

b) documentation

from an engineer registered under the Professional

Engineers Act stating that vacant possession of the unit is necessary to

conduct the demolition, conversion, repair or renovation.

Section 54 of the Act is repealed and the following substituted:

Tenant’s

right to compensation, repair or renovation

The

landlord of a tenant who receives notice of a termination of a tenancy under

section 50 for the purpose of repairs or renovations shall,

(

a) offer

the tenant another rental unit acceptable to the tenant for the period of the

repairs or renovations; or

(

b) compensate

the tenant for the period of the repairs or renovations in an amount equal to

the costs the tenant must pay for a comparable unit, up to a maximum of 15 per

cent more than the tenant’s former rent or 30 per cent more than the median

market rent for the area, whichever is greater, and not less than the amount

the tenant was paying for their current unit.

Section 113 of the Act is repealed and the following substituted:

Lawful

rent for new tenant

Subject

section 111, the lawful rent for the first rental period for a new tenant

under a new tenancy agreement is,

(

a) any

amount that is equal to or less than the last lawful rent charged or that ought

to have been charged to the previous tenant if the rental unit was previously

rented in the last 12 months;

(

b) with

respect to a rental unit that has not been rented in the last 12 months, an

amount that is equal to or less than the sum of,

(

i) the

last lawful rent charged or that ought to have been charged to the previous

tenant,

(ii) all

increases to the rent that the landlord would have been permitted to make under

this Act if the rental unit had been occupied, and

(iii) all

decreases to the rent that the landlord would have been required to make under

this Act if the rental unit had been occupied; or

(

c) the

rent first charged to the tenant if the rental unit was not previously rented.

Section 114 of the Act is amended by striking out “6, 7 or 8” wherever it

appears and substituting in each case “7 or 8”.

Subsection 115 (1) of the Act is repealed and the following substituted:

Application

by tenant

(1) A

tenant, other than a new tenant who occupies a rental unit described in clause

113 (c), may apply to the Board for an order determining the maximum amount of

rent that the tenant may lawfully be charged.

Same

(1.1) If

at the time of the application an order made under paragraph 7 or 8 of

subsection 30 (1) prohibits the landlord from giving a notice of a rent

increase to the tenant or taking any rent increase for which notice has been

given with respect to the tenant’s rental unit, the Board’s order will set out

the amount of rent that the tenant may lawfully be charged,

(

a) until

the prohibition in the order ends; and

(

b) after

the prohibition in the order ends.

Same

(1.2) If

the Board determines that the landlord has charged the tenant a rent that

exceeds the maximum lawful rent, the Board shall order that the landlord rebate

to the tenant any rent paid by the tenant in excess of the maximum amount of

rent that the tenant may lawfully be charged.

(1) Subsection 117 (1) of the Act is repealed.

(2) Subsection

117 (3) of the Act is amended by striking out “Subsections (1) and (2) apply”

at the beginning of the portion before clause (

a) and substituting “Subsection

(2) applies”.

(3) Clause

117 (5) (

a) of the Act is repealed.

Subsection 123 (2) of the Act is amended by striking out “and despite any order

under paragraph 6 of subsection 30 (1)” at the end.

The Act is amended by adding the following Part:

PART

XI.1

RENT REGISTRY

Rent

registry

182.3.1

(1) The

Board shall establish and maintain a rent registry for all rental units to

which this Act applies and shall make the information available in accordance

with

section 182.3.3.

Content

of registry

(2) The

Board shall include in the registry any information contained in a statement or

notice filed with the Board under this Part and any order made by the Board

under paragraph 7 or 8 of subsection 30 (1) or subsection 126 (10).

Updates

to registry

(3) The

Board shall take reasonable steps to ensure that the information contained in

the registry is accurate and may correct or update any information contained in

the registry.

Landlord

to file statement

182.3.2

(1) Every

landlord of a rental unit to which this Act applies shall file with the Board a

statement in a form approved by the Board within 30 days after entering into a

lease respecting the rental unit.

Content

of statement

(2) The

statement shall set out the following information:

1. The

landlord’s name and contact information, other than their address.

2. If

the landlord is not ordinarily resident in Ontario, the name and contact

information, other than the address, of the landlord’s representative or agent

in Ontario.

3. The

municipal address of the rental unit.

4. The

rent charged to the tenant as of the date of filing, including whether the rent

amount includes rent attributable to services described under subsection 123

(1) or utilities and the amounts attributable to each.

5. Any

other prescribed information.

Updates

respecting rent

(3) Every

landlord of a rental unit in respect of which a statement has been filed under

this

section shall, within 30 days after a change to the rent charged to the

tenant takes effect, file with the Board a notice specifying the change to the

rent charged and its effective date.

Copy

to tenant

(4) The

landlord shall also provide a copy of any statement or notice filed with the

Board under this

section to the tenant.

Tenant

application

(5) The

tenant may apply to the Board, on notice to the landlord, for an order

determining the accuracy of the information in the statement or notice with

respect to the tenant’s rental unit.

Board

may make order

(6) If

the Board determines that the information in the statement or notice is not

accurate, the Board may correct the information or order that the landlord file

another statement or notice, as the case may be.

Time

limitation

(7) No

application may be made under subsection (5) more than 60 days after the tenant

has received the copy of the statement or notice.

Transition

(8) If,

on the day

section 14 of the Keeping People Housed Act,

2024 comes into force, a rental unit to which this Act applies is

rented, the landlord shall file with the Board a statement referred to in

subsection (1) within 30 days after that day.

Disclosure

of information

182.3.3

(1) The

Board shall disclose any information contained in the registry about a

particular rental unit of the landlord or the landlord’s representative or

agent, to any of the following individuals who request it:

1. The

landlord or an individual authorized by the landlord.

2. The

tenant, an individual who ceased to be a tenant of the rental unit within 12

months prior to the request or an individual authorized by the tenant or former

tenant.

3. A

prospective tenant who has applied to the landlord to occupy the rental unit.

Same

(2) The

Board shall take reasonable steps to verify that an individual who requests

information in respect of a particular rental unit is a person described in

subsection (1).

Public

information

(3) The

Board shall make the following information contained in the registry available

to the public in accordance with subsection (4):

1. The

municipal address of each rental unit contained in the registry.

2. The

rents charged in respect of each rental unit contained in the registry, along

with the effective date of any change to the rent.

3. The

landlord’s name and contact information, other than their address, or, if the landlord

is not ordinarily resident in Ontario, the name and contact information, other

than the address, of the landlord’s representative or agent in Ontario.

Same

(4) The

Board shall make the information referred to in subsection (3) available to the

public by,

(

a) publishing

it on a website maintained by the Board; and

(

b) providing

it to members of the public upon request.

Disclosure

to tax authorities

(5) The

Board may disclose any information contained in the registry to a ministry,

enforces the Income Tax Act , the Taxation Act, 2007 or the Income Tax

Act (Canada).

Subsection 196 (1) of the Act is repealed and the following substituted:

Board

may refuse to proceed if money owing, statement not filed

(1) Upon

receiving information that an applicant owes money to the Board as a result of

having failed to pay any fine, fee or costs or has not filed a statement in

accordance with subsection 182.3.2 (1),

(

a) if

the information is received on or before the day the applicant submits an

application, an employee in the Board shall, in such circumstances as may be

specified in the Rules, refuse to allow the application to be filed;

(

b) if

the information is received after the application has been filed but before a

hearing is held, the Board shall stay the proceeding until the fee, fine or

costs have been paid or the statement has been filed, as the case may be, and

may discontinue the application in such circumstances as may be specified in

the Rules; or

(

c) if

the information is received after a hearing with respect to the application has

begun, the Board shall not issue an order until the fine, fee or costs have

been paid or the statement has been filed, as the case may be, and may

discontinue the application in such circumstances as may be specified in the

Rules.

The Act is amended by adding the following section:

Rental

Task Force

232.1

(1) The

Minister shall appoint five to 10 persons as members of the Rental Task Force

within 60 days after the day this subsection comes into force.

Membership

(2) The

Minister shall make all reasonable efforts to ensure that the majority of the

members of the Rental Task Force are tenants.

Diversity

(3) The

Minister shall make all reasonable efforts to ensure that the composition of

the Rental Task Force reflects the diversity of the people facing housing

precarity.

Inquiry

(4) The

Rental Task Force shall inquire into the following matters:

1. The

financial and socioeconomic impacts of above-guideline rent increases.

2. Alternative

legislative or financial approaches to limit above-guideline rent increases.

3. The

frequency of above-guideline rent increases.

4. The

potential impacts if above-guideline rent increases were prohibited.

5. The

process, outcomes and any other issues related to the Board as they pertain to

above-guideline rent increases.

6. Which

renovations are giving rise to above-guideline rent increases.

7. The

methods by which landlords demonstrate the need for above-guideline rent

increases.

8. The

relationship between the upkeep of buildings, units or equipment and requests

for above-guideline rent increases.

Consultation

(5) The

Rental Task Force shall consult broadly with stakeholders and ensure that

tenants and organizations that advocate for housing affordability are included

in the consultations.

Report

(6) Within

six months after the Rental Task Force is appointed, they shall prepare a

report setting out the results of their inquiry and any recommendations they

have relating to above-guideline rent increases and shall publish the report on

their website.

Assembly

(7) On

or before the day that is 90 days after the day the Rental Task Force publishes

its report, the Minister shall inform the Assembly of the recommendations of

the Rental Task Force that the Minister recommends the Government of Ontario

implement.

Dissolution

(8) The

Minister shall dissolve the Rental Task Force after it has published its

report.

Section 233 of the Act is amended by adding the following clause:

(g.1) provides

false information in a statement filed with the Board under subsection 182.3.2

(1);

Section 234 of the Act is amended by adding the following clause:

(r.1) fails

to file a statement with the Board under subsection 182.3.2 (1);

Subsection 241 (1) of the Act is amended by adding the following paragraph:

61.2 governing

the rent registry established under

Part XI.1;

City

of Toronto Act, 2006

The City of Toronto Act, 2006 is amended by adding

the following section:

Residential

replacement

No approval

shall be granted for the conversion or demolition of all or part of a private

building or related group of buildings within the City’s jurisdiction if the

conversion or removal would result in the loss of six or more rental units

unless,

(

a) all

of the rental units have rents that exceed mid-range rents at the time of

application; or

(

b) the

person who is seeking approval of the conversion or demolition,

(

i) ensures

that the rental units are replaced with at least the same number, size and type

of rental units, which must be maintained with rents similar to those in effect

at the time the application to convert or demolish the properties was made; and

(ii) implements

a tenant relocation and assistance plan that is approved in accordance with the

official plan and that addresses the right of the former tenants to return to

occupy one of the replacement units at similar rents, the provision of

alternative accommodation at similar rents and other assistance to lessen

hardship.

Municipal

Act, 2001

The Municipal Act, 2001 is amended by adding the

following section:

Residential

replacement

99.2

approval shall be granted by a municipality for the conversion or demolition of

all or part of a private building or related group of buildings within the

municipality’s jurisdiction if the conversion or removal would result in the

loss of six or more rental units unless,

(

a) all

of the rental units have rents that exceed mid-range rents at the time of

application; or

(

b) the

person who is seeking approval of the conversion or demolition,

(

i) ensures

that the rental units are replaced with at least the same number, size and type

of rental units, which must be maintained with rents similar to those in effect

at the time the application to convert or demolish the properties was made; and

(ii) implements

a tenant relocation and assistance plan that is approved in accordance with the

official plan for the municipality and that addresses the right of the former

tenants to return to occupy one of the replacement units at similar rents, the

provision of alternative accommodation at similar rents and other assistance to

lessen hardship.

Commencement

(1) Except as otherwise provided in this section, this Act comes

into force on the day that is four months after the day this Act receives Royal

Assent.

(2) Section

6 comes into force on the later of the day

section 1 of

Schedule 7 to the Helping Homebuyers, Protecting Tenants Act, 2023 comes

into force and the day that is four months after the day this Act receives

Royal Assent.

Short

title

The

short title of this Act is the Keeping People Housed

Act, 2024 .

Date Bill stage Event Outcome Committee

April 10, 2024

Second Reading

Vote

Lost on division

April 9, 2024

Second Reading

Question put

Vote deferred

April 9, 2024

Second Reading

Debated

March 6, 2024

First Reading

Ordered for Second Reading

March 6, 2024

First Reading

Vote

Carried

First Reading

March 6, 2024

Carried

Ordered for Second Reading

Second Reading

April 10, 2024

Lost on division