Residential Tenancies Amendment Act (Tenant Privacy), 2018 Tabuns, Peter — Bill 45 (41st Parliament, 3rd Session)

Bill 45, 41-3

Ontario — Bills

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Bill 45, Residential Tenancies Amendment Act (Tenant Privacy), 2018

Tabuns, Peter

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Acts affected

Original

[41] Bill 45 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Residential Tenancies Act, 2006 . It

is about tenant privacy.

The

Bill requires a landlord to give notice in writing before entering a rented

unit to show it to a prospective tenant.

The

Bill requires a landlord, broker or salesperson to give notice in writing seven

days before holding an open house for a rented unit that is posted for sale. It

limits the number and frequency of open houses.

The

Bill prevents a landlord, broker or salesperson from taking photographs or

other visual records of a rented unit except if the tenant consents. It sets

out a process for seeking consent, with limits on taking, using and retaining

the photograph or record.

Bill 45 2018

Act to amend the Residential Tenancies Act, 2006 with respect to tenant privacy

Her

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

Province of Ontario, enacts as follows:

Subsection 26 (3) of the Residential Tenancies Act, 2006

is repealed.

(1) Subsection 27 (1) of the Act is amended by adding the following

paragraph:

4.1 To

show the rental unit to prospective tenants, if,

i. the

landlord and tenant have agreed that the tenancy will be terminated or one of

them has given notice of termination to the other, and

ii. the

landlord enters the rental unit between the hours of 8 a.m. and 8 p.m.

(2) Subsection

27 (2) of the Act is amended by striking out "to allow a potential purchaser to

view the rental unit" at the end and substituting "to show a potential

purchaser the rental unit, but not to hold an open house".

(3) Section

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

Same

(2.1) A

landlord or, with the written authorization of a landlord, a broker or

salesperson registered under the Real Estate and Business

Brokers Act, 2002 , may enter a rental unit in accordance with written

notice given to the tenant at least seven days before the time of entry to hold

an open house if the rental unit is on the market to be sold, but the number and

frequency of open houses must be reasonable.

(4) Subsection

27 (3) of the Act is amended by striking out "subsection (1) or (2)" and substituting

"subsection (1), (2) or (2.1)".

The Act is amended by adding the following section:

Photograph,

visual record

27.1

(1) A

landlord, broker or salesperson who has entered a rental unit shall not take a

photograph or other visual record of the rental unit while in the rental unit,

except if all of the following conditions apply:

1. The

tenant is given a written notice of intention to take a photograph or other

visual record, setting out at least all of the following information:

i. which

area of the unit will be photographed or recorded,

ii. the

purpose of the taking of the photograph or record,

iii. how

the photograph or record will be used,

iv. how

long the photograph or record will be retained, and

v. the

date and time of the taking of the photograph or record.

2. After

receiving the written notice of intention, the tenant consents in writing to

the taking of the photograph or record at least 48 hours before the time the

photograph or record is taken.

3. The

landlord, broker or salesperson,

i. photographs

or records only the area of the unit set out in the notice,

ii. takes

the photograph or record only for the purpose set out in the notice,

iii. uses

the photograph or record only for the use set out in the notice,

iv. retains

the photograph or record no longer than the time set out in the notice, and

v. takes

the photograph or record at the date and time set out in the notice.

Evidence

(2) A

photograph or other visual record taken in contravention of this

section is not

admissible in evidence against the tenant.

Subsection 29 (1) of the Act is amended by adding the following paragraph:

7. An

order determining that the landlord, superintendent or agent of the landlord

has taken a photograph or other visual record of the rental unit in

contravention of subsection 27.1 (1).

(1) Subsection 31 (1) of the Act is amended by striking out

"paragraphs 2 to 6 of subsection 29 (1)" in the portion before clause (

a) and

substituting "paragraphs 2 to 7 of subsection 29 (1)".

(2) Subsection

31 (2) of the Act is amended by striking out "paragraphs 2 to 6 of subsection

29 (1)" in the portion before clause (

a) and substituting "paragraphs 2 to 7 of

subsection 29 (1)".

(1) Section 234 of the Act is amended by adding the following

clause:

(a.1) takes

a photograph or other visual record of a rental unit in contravention of

subsection 27.1 (1);

(2) Subclause

234 (y) (ii) of the Act is amended by striking out "paragraphs 2 to 6 of

subsection 29 (1)" and substituting "paragraphs 2 to 7 of subsection 29 (1)".

Commencement

This Act comes into force one month after the day it receives Royal Assent.

Short

title

The

short title of this Act is the Residential Tenancies

Amendment Act (Tenant Privacy), 2018 .

Date Bill stage Activity Committee

April 12, 2018

First Reading

Carried

Debates and Progress

First Reading

April 12, 2018

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 45

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 45, 41-3
Type	bill
Volume / chapter	p41 s3 bill 45 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	bf39fde874281b3197d32ff190ad2c939fa2c7c5

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