Ontario Bill 97 (43rd Parliament, 1st Session)

Bill 97, 43-1

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Bill 97, Helping Homebuyers, Protecting Tenants Act, 2023

Clark, Steve Minister of Municipal Affairs and Housing

Royal Assent received. Statutes of Ontario 2023,

chapter 10

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EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 97 and does not form part of the law.

Bill 97 has been enacted as

Chapter 10 of the Statutes of Ontario, 2023.

SCHEDULE 1

BUILDING CODE ACT, 1992

Currently,

subsection 4 (4) of the Building Code Act, 1992

requires that inspectors necessary for the enforcement of the Act in the areas

in which Ontario has jurisdiction be appointed under

Part III of the Public Service of Ontario Act, 2006 . The subsection is

re-enacted to require the Deputy Minister of Municipal Affairs and Housing to

appoint those inspectors.

SCHEDULE 2

CITY OF TORONTO ACT, 2006

The

Schedule amends the City of Toronto Act, 2006 in

the following ways:

Section

111 is amended by providing the Minister of Municipal Affairs and Housing with

authority to make regulations with respect to a variety of matters including

governing the powers of the City under

section 111 and authorizing the City to

require certain owners of land to make payments and provide compensation.

2. New

subsection 111 (8) provides that in the event of a conflict, the provisions of

the regulations made under

section 111 prevail over the provisions of the Act

or any other Act or regulation.

3. Currently,

subsection 114 (1.2) provides that the construction, erection or placing of a

building or structure for residential purposes on a parcel of land does not

constitute “development” for the purposes of

section 114 if the parcel of land

will contain no more than 10 residential units. This subsection is amended to

provide that such activities do in fact constitute “development” if the parcel

of land includes land in a prescribed area.

4. Subsection

114 (14.1) currently provides for circumstances in which the City is required

to refund fees for processing an application for the approval of plans and

drawings that are submitted on or after January 1, 2023. This subsection is

amended to apply with respect to plans and drawings that are received by the

City on or after July 1, 2023. A new subsection 114 (14.2) provides for the

cancellation of any refund if the plans and drawings are received by the City

before July 1, 2023. In addition, a new subsection 114 (14.3) gives the

Minister the power to make a regulation providing that the City is not required

to refund fees for plans and drawings received on or after a specified date or

during a specified period.

5. Subsection 114 (15.2) is amended to provide that any

information or material an applicant must provide to the City under subsections

114 (4.2) and (4.3) must also be forwarded by the city clerk to the Ontario

Land Tribunal in the case of an appeal to the Tribunal under subsection 114

(15) or (15.1).

SCHEDULE 3

DEVELOPMENT CHARGES ACT, 1997

The

Schedule amends subsections 2 (3.2) and (3.3) of the Development

Charges Act, 1997 by striking out “parcel of urban residential land” in

paragraph 3 of each subsection and substituting “parcel of land”.

SCHEDULE 4

MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING ACT

Currently,

subsection 12 (2) of the Ministry of Municipal Affairs and

Housing Act authorizes the Minister of Municipal Affairs and Housing to

appoint and fix the terms of reference for the Provincial Land and Development

Facilitator. Subsection 12 (3) of the Act requires the Facilitator to perform

specified functions at the direction of the Minister. Subsections 12 (2) and

(3) of the Act are re-enacted to authorize the Minister to appoint the

Facilitator and up to four Deputy Facilitators and fix their terms of reference

and to require the Facilitator and Deputy Facilitators to perform specified

functions at the direction of the Minister.

SCHEDULE 5

MUNICIPAL ACT, 2001

The

Schedule amends

section 99.1 of the Municipal Act, 2001

by providing the Minister with authority to make regulations with respect to a

variety of matters including governing the powers of local municipalities under

section 99.1 and authorizing certain local municipalities to require certain

owners of land to make payments and provide compensation. New subsection 99.1

(8) provides that in the event of a conflict, the provisions of the regulations

made under

section 99.1 prevail over the provisions of the Act or any other Act

or regulation.

SCHEDULE 6

PLANNING ACT

The

Schedule makes various amendments to the Planning Act ,

including the following:

1. The

definition of “area of employment” in subsection 1 (1) is remade to provide

that specified uses are not business and economic uses for the purposes of that

definition. A transitional provision is also included.

2. Subsection

34 (10.12) currently provides for circumstances in which a municipality is

required to refund fees for processing an application to amend its by-laws that

is received on or after January 1, 2023. This subsection is amended to apply

with respect to applications that are received by the municipality on or after

July 1, 2023, and a new subsection 34 (10.13) provides for the cancellation of

any refunds for applications received by the municipality before July 1, 2023. In addition, a new subsection 34 (10.14) provides that a

municipality is not required to refund fees if the municipality is prescribed

by regulation when it receives the application.

3. Amendments

are made to

section 38 of the Act to shorten the period of time within which

the clerk of a municipality is required to give notice of a by-law made under

subsection 38 (1) or (2) and to apply a single procedure for all persons or

public bodies having received notice of the by-law to appeal to the Ontario

Land Tribunal.

4. Currently,

subsection 41 (1.2) provides that the construction, erection or placing of a

building or structure for residential purposes on a parcel of land does not

constitute “development” for the purposes of

section 41 if the parcel of land

will contain no more than 10 residential units. This subsection is amended to

provide that such activities do in fact constitute “development” if the parcel

of land includes land in a prescribed area.

5. Subsection

41 (11.1) currently provides for circumstances in which a municipality is

required to refund fees for processing an application for the approval of plans

and drawings that are submitted on or after January 1, 2023. This subsection is

amended to apply with respect to plans and drawings that are received by the

municipality on or after July 1, 2023, and a new subsection 41 (11.2) provides

for the cancellation of any refunds for plans and drawings received by the

municipality before July 1, 2023. In addition, a new

subsection 41 (11.3) provides that a municipality is not required to refund

fees if the municipality is prescribed by regulation when it receives the plans

and drawings.

6. Subsection

41 (12.0.2) is amended to provide that any information or material that an

applicant must provide to a municipality under subsections 41 (3.3) and

(3.4) must also be forwarded by the clerk to the Ontario Land Tribunal in the case of

an appeal to the Tribunal under subsection 41 (12) or (12.0.1).

7. A

new subsection 47 (4.0.1) is added to provide that the Minister may, in an

order made under clause 47 (1) (a), provide that policy statements, provincial

plans and official plans do not apply in respect of a licence, permit,

approval, permission or other matter required before a use permitted by the

order may be established.

8. A

new

section 49.2 is added to give the Minister the power to make an order

requiring an owner of land to enter into an agreement with the Minister or a

municipality in matters where the Provincial Land and Development Facilitator

or the Deputy Facilitator has been directed by the Minister to advise, make

recommendations or perform any other functions with respect to the land.

SCHEDULE 7

RESIDENTIAL TENANCIES ACT, 2006

The

Schedule makes various amendments to the Residential

Tenancies Act, 2006 , including the following amendments:

Part

IV is amended to add

section 36.1, which permits tenants to install and use a

window or portable air conditioner in a rental unit for which the landlord does

not supply air conditioning, subject to specified exceptions and conditions. In

cases where the landlord is obligated under the tenancy agreement to supply

electricity to the rental unit, the landlord may increase the rent charged to

the tenant, subject to the tenancy agreement providing otherwise. Rules are set

out requiring rent decreases if a tenant seasonally ceases to use an air conditioner,

or removes it. Certain provisions of the

section are made to apply to

previously-installed window or portable air conditioners.

2. Subsection

50 (3) is re-enacted to provide that when a landlord gives notice of

termination of a tenancy because the landlord requires possession of a rental

unit in order to do repairs or renovations to it that are so extensive that

they require a building permit and vacant possession, the notice must be

accompanied by a report prepared by a person who has the prescribed

qualifications, which states that the repairs or renovations are so extensive

that they require the vacant possession and which meets any other prescribed

requirements. Failure to meet the requirement renders the notice void.

Subsection 73 (4) is enacted to require the Board to consider the report when

determining whether to make an order terminating the tenancy, although the

Board is not bound by the report.

3. Currently,

under

section 53, a tenant who receives notice of termination of a tenancy for the

purpose of repairs or renovations may have a right of first refusal to occupy

the rental unit as a tenant when the repairs or renovations are completed. The

section is amended to provide that, if a tenant gives notice that they wish to

have a right of first refusal, the landlord must provide specified notices to

the tenant respecting the unit’s readiness for occupancy. When the unit is

ready for occupancy, the landlord must give the tenant at least 60 days to

exercise the right of first refusal to occupy the unit.

Section 57.1 is amended

to provide that a failure to comply with the notice requirements is deemed to

constitute a failure to have afforded a right of first refusal for the purposes

of subsection 57.1 (1) (former tenant’s application, failure to afford tenant

right of first refusal).

Section 57.1 is also amended to change the time limit

applicable to the making of an application under subsection 57.1 (1).

4. Currently,

under clause 57 (1) (a), the Board may make various orders if the Board determines

that, among other things, a landlord has given a notice of termination under

section 48 in bad faith and no person referred to in clause 48 (1) (a), (b),

(

c) or (

d) occupied the rental unit within a reasonable time after the former

tenant vacated the rental unit. New subsection 57 (6.1) provides that if none

of the specified persons occupied the rental unit within the prescribed period

of time after the former tenant vacated the rental unit, it is presumed that

the landlord gave the notice of termination in bad faith and that the rental

unit was not occupied within a reasonable time.

5. Subsection

206 (1) is amended to require that the written agreement reached between the

landlord and the tenant to resolve the subject-matter of an application to the

Board be in the form approved by the Board.

Section

238 is amended to increase the maximum fines from $50,000 to $100,000 in the

case of a person other than a corporation and from $250,000 to $500,000 in the

case of a corporation.

Bill 97 2023

An Act to amend various

statutes with respect to housing and development

Contents

of this Act

Commencement

Short

title

Schedule 1

Building

Code Act, 1992

Schedule 2

City

of Toronto Act, 2006

Schedule 3

Development

Charges Act, 1997

Schedule 4

Ministry

of Municipal Affairs and Housing Act

Schedule 5

Municipal

Act, 2001

Schedule 6

Planning

Act

Schedule 7

Residential

Tenancies Act, 2006

His

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

of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section,

sections 2 and 3 and the Schedules to this Act.

Commencement

(1) Except as otherwise provided

in this section, this Act comes into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

Schedule to this Act provides that any of its provisions are to come into

force on a day to be named by proclamation of the Lieutenant Governor, a proclamation

may apply to one or more of those provisions, and proclamations may be issued

at different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Helping Homebuyers, Protecting

Tenants Act, 2023 .

SCHEDULE 1

BUILDING CODE ACT, 1992

Subsection 4 (4) of the Building Code Act, 1992 is

repealed and the following substituted:

Inspectors

(4) The

Deputy Minister of Municipal Affairs and Housing shall appoint inspectors

necessary for the enforcement of this Act in the areas in which Ontario has

jurisdiction.

Commencement

This

Schedule comes into force on the day the Helping

Homebuyers, Protecting Tenants Act, 2023 receives Royal Assent.

SCHEDULE 2

CITY OF TORONTO ACT, 2006

(1) Subsection 111 (1) of the City of Toronto

Act, 2006 is amended by striking out “The City” at the beginning and

substituting “Subject to the regulations, if any, the City”.

(2) Subsection

111 (7) of the Act is repealed and the following substituted:

Regulations

(7) The

Minister of Municipal Affairs and Housing may make regulations,

(

a) governing

the powers of the City under this section, including regulations,

(

i) imposing

restrictions, limits and conditions on the powers of the City to prohibit and

regulate the demolition and conversion of residential rental properties,

(ii) prescribing

requirements to be contained in by-laws made under this section,

(iii) prescribing

conditions that the City must include as a requirement for obtaining a permit,

and

(iv) prescribing

requirements that the City must impose on owners of land to which a by-law

passed under this

section applies;

(

b) authorizing

the City to require an owner of land to which a by-law passed under this

section applies to make payments and to provide compensation;

(

c) for

the purposes of clause (b), prescribing the amounts to be paid, the

compensation to be provided, the persons to whom payments and compensation

shall be made and the circumstances in which payments and compensation shall be

made, and otherwise governing the payments and compensation;

(

d) prescribing

steps the City must take or conditions that must be met before passing a by-law

under this

section and governing any transitional matters with respect to the

implementation of such conditions;

(

e) defining,

for the purposes of this

section and any regulations under this section, any

word or expression not defined in subsection 3 (1) of this Act.

Conflict

(8) If

there is a conflict between a regulation made under this

section and a provision

of this Act, other than this section, or of any other Act or regulation, the

regulation made under this

section prevails.

(1) Subsection 114 (1.2) of the Act is amended by striking out

“residential units” at the end and substituting “residential units, unless the

parcel of land includes any land in a prescribed area”.

(2) Subsection

114 (14.1) of the Act is amended by striking out the portion before paragraph 1

and substituting the following:

Refund

(14.1) With

respect to plans and drawings referred to in subsection (5) that are received

on or after July 1, 2023, the City shall, subject to a regulation made under

subsection (14.3), refund any fees paid pursuant to

section 69 of the Planning Act in respect of the plans and drawings in

accordance with the following rules:

. . . .

(3) Section

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

refunds, plans and drawings received before July 1, 2023

(14.2) Any

refund of fees required under subsection (14.1), as it read before the day

subsection 2 (2) of

Schedule 2 to the Helping Homebuyers,

Protecting Tenants Act, 2023 came into force, with respect to plans and

drawings received before July 1, 2023 shall be deemed never to have been

required.

Exception

(14.3) The

Minister of Municipal Affairs and Housing may, by regulation, provide that

subsection (14.1) does not apply to plans and drawings received by the City on

and after a specified date or during a specified period.

(4) Subsection

114 (15) of the Act is amended by striking out “submitted to the City” and

substituting “received by the City”.

(5) Subsection

114 (15.2) of the Act is amended by adding the following paragraph:

3.1 Any

information or material required under subsections (4.2) and (4.3).

Section 122.2 of the Act is repealed and the following substituted:

Regulations

re s. 114

122.2 The Minister of

Municipal Affairs and Housing may make regulations prescribing anything that is

referred to in

section 114 as being prescribed.

Commencement

This

Schedule comes into force on the day the Helping

Homebuyers, Protecting Tenants Act, 2023 receives Royal Assent.

SCHEDULE 3

DEVELOPMENT CHARGES ACT, 1997

(1) Paragraph 3 of subsection 2 (3.2) of the Development

Charges Act, 1997 is amended by striking out “parcel of urban

residential land” and substituting “parcel of land”.

(2) Paragraph

3 of subsection 2 (3.3) of the Act is amended by striking out “parcel of urban

residential land” and substituting “parcel of land”.

Commencement

This

Schedule comes into force on the day the Helping

Homebuyers, Protecting Tenants Act, 2023 receives Royal Assent.

SCHEDULE 4

MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING ACT

Subsections 12 (2) and (3) of the Ministry of Municipal

Affairs and Housing Act are repealed and the following substituted:

Same

(2) The

Minister may appoint the Facilitator and up to four Deputy Facilitators and fix

their terms of reference.

Functions

(3) The

Facilitator and Deputy Facilitators shall, at the direction of the Minister,

(

a) advise

and make recommendations to the Minister in respect of growth, land use and

other matters, including Provincial interests; and

(

b) perform

such other functions as the Minister may specify.

Commencement

This

Schedule comes into force on the day the Helping

Homebuyers, Protecting Tenants Act, 2023 receives Royal Assent.

SCHEDULE 5

MUNICIPAL ACT, 2001

(1) Subsection 99.1 (1) of the Municipal Act,

2001 is amended by striking out “A local municipality” at the beginning

and substituting “Subject to the regulations, if any, a local municipality”.

(2) Subsection

99.1 (7) of the Act is repealed and the following substituted:

Regulations

(7) The

Minister may make regulations,

(

a) governing

the powers of a local municipality under this section, including regulations,

(

i) imposing

restrictions, limits and conditions on the powers of local municipalities to

prohibit and regulate the demolition and conversion of residential rental properties,

(ii) prescribing

requirements to be contained in by-laws made under this section,

(iii) prescribing

conditions that local municipalities must include as a requirement for

obtaining a permit, and

(iv) prescribing

requirements that the local municipality must impose on owners of land to which

a by-law passed under this

section applies;

(

b) authorizing

local municipalities that pass a by-law under this

section to require an owner

of land to which a by-law passed under this

section applies to make payments

and to provide compensation;

(

c) for

the purposes of clause (b), prescribing the amounts to be paid, the

compensation to be provided, the persons to whom payments and compensation

shall be made and the circumstances in which payments and compensation shall be

made, and otherwise governing the payments and compensation;

(

d) prescribing

steps local municipalities must take or conditions that must be met before

passing a by-law under this

section and governing any transitional matters with

respect to the implementation of such conditions;

(

e) defining,

for the purposes of this

section and any regulations under this section, any

word or expression not defined in subsection 1 (1) of this Act.

Conflict

(8) If

there is a conflict between a regulation made under this

section and a

provision of this Act, other than this section, or of any other Act or

regulation, the regulation made under this

section prevails.

Commencement

This

Schedule comes into force on the day the Helping

Homebuyers, Protecting Tenants Act, 2023 receives Royal Assent.

SCHEDULE 6

PLANNING ACT

(1) The definition of “area of employment” in subsection 1 (1) of

the Planning Act is repealed and the following

substituted:

“area

of employment” means an area of land designated in an official plan for

clusters of business and economic uses, those being uses that meet the

following criteria:

1. The

uses consist of business and economic uses, other than uses referred to in

paragraph 2, including any of the following:

i. Manufacturing

uses.

ii. Uses

related to research and development in connection with manufacturing anything.

iii. Warehousing

uses, including uses related to the movement of goods.

iv. Retail

uses and office uses that are associated with uses mentioned in subparagraphs i

to iii.

v. Facilities

that are ancillary to the uses mentioned in subparagraphs i to iv.

vi. Any

other prescribed business and economic uses.

2. The

uses are not any of the following uses:

i. Institutional

uses.

ii. Commercial

uses, including retail and office uses not referred to in subparagraph 1 iv;

(“zone d’emploi”)

(2) Section

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

Area

of employment

(1.1) An

area of land designated in an official plan for clusters of business and economic

uses is an area of employment for the purposes of this Act even if the area of

land includes one or more parcels of land that are subject to official plan

policies authorizing the continuation of a use that is excluded from being a

business and economic use under paragraph 2 of the definition of “area of

employment” in subsection (1), provided that the use was lawfully established

on the parcel of land before the day subsection 1 (1) of

Schedule 6 to the Helping Homebuyers, Protecting Tenants Act, 2023 came

into force.

Same

(1.2) For

greater certainty, the official plan policies referred to in subsection

(1.1) shall not authorize a use that is excluded from being a business and economic

use under paragraph 2 of the definition of “area of employment” in subsection

(1) on any parcels of land in the area on which the use was not lawfully

established before the day subsection 1 (1) of

Schedule 6 to the Helping Homebuyers, Protecting Tenants Act, 2023 came

into force.

(3) Subsection

1 (2) of the Act is amended by striking out “38 (4.1)” and substituting “38

(4)”.

(4) Paragraph

1 of subsection 1 (4.1) of the Act is amended by striking out “Paragraph 1.1”

and substituting “Paragraph 1”.

(5) Paragraph

2 of subsection 1 (4.1) of the Act is amended by striking out by “Paragraph

1.1” and substituting “Paragraph 1”.

(6) Paragraph

5 of subsection 1 (4.1) of the Act is amended by striking out “Paragraph 2.1”

and substituting “Paragraph 2”.

(7) Paragraph

7 of subsection 1 (4.1) of the Act is amended by striking out “38 (4.1)” and

substituting “38 (4)”.

(8) Paragraph

1 of subsection 1 (4.3) of the Act is amended by striking out “Paragraphs 1.1

and 4” and substituting “Paragraphs 1 and 4”.

(9) Paragraph

2 of subsection 1 (4.3) of the Act is amended by striking out “Paragraphs 1.1

and 3” and substituting “Paragraphs 1 and 3”.

(10) Paragraph

5 of subsection 1 (4.3) of the Act is amended by striking out “Paragraph 2.1”

and substituting “Paragraph 2”.

(11) Paragraph

7 of subsection 1 (4.3) of the Act is amended by striking out “38 (4.1)” and

substituting “38 (4)”.

(12) Subsection

1 (5) of the Act is repealed.

2 (1) Clause 3 (5) (

a) of the Act is

amended by adding “subject to a regulation made under subsection (6.1),” at the

beginning.

(2) Clause

3 (6) (

a) of the Act is amended by adding “subject to a regulation made under

subsection (6.1),” at the beginning.

(3) Section

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

Minister’s

regulations re transition

(6.1) The

Minister may make regulations providing for transitional matters which, in the

opinion of the Minister, are necessary or desirable to facilitate the

implementation of a policy statement issued under subsection (1), other than a

policy statement deemed under subsection (8) to be a policy statement issued

under subsection (1).

Same

(6.2) Without

limiting the

generality of subsection

(6.1), a regulation under that subsection may,

(

a) provide

for transitional matters respecting matters, applications and proceedings that

were commenced before or after a policy statement comes into effect;

(

b) provide

that the policy statement being implemented does not apply, in whole or in

part, to specified matters, applications and proceedings or providing that a

previous policy statement continues to apply, in whole or in part, to the

specified matters, applications and proceedings;

(

c) deem

a matter, application or proceeding to have been commenced on the date or in

the circumstances described in the regulations.

Subsection 16 (3.1) of the Act is amended by adding “other than the primary

residential unit” at the end.

(1) Clause 17 (24.1) (

c) of the Act is amended by striking out

“parcel of urban residential land” and substituting “parcel of land”.

(2) Clause

17 (36.1) (

c) of the Act is amended by striking out “parcel of urban

residential land” and substituting “parcel of land”.

Subclause 22 (7.2) (c) (iii) of the Act is amended by striking out “parcel of

urban residential land” and substituting “parcel of land”.

(1) Subsection 34 (10.12) of the Act is amended by striking out the

portion before paragraph 1 and substituting the following:

Refund

of fee

(10.12) With

respect to an application received on or after July 1, 2023, with the exception

of an application referred to in subsection (10.14), the municipality shall

refund any fees paid pursuant to

section 69 in respect of the application in

accordance with the following rules:

. . . .

(2) Section

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

refunds, applications received before July 1, 2023

(10.13) Any

refund of fees required under subsection (10.12), as it read before the day

subsection 6 (1) of

Schedule 6 to the Helping Homebuyers,

Protecting Tenants Act, 2023 came into force, with respect to

applications received before July 1, 2023 shall be deemed never to have been

required.

Exception

(10.14) Subsection

(10.12) does not apply with respect to an application if the land to which the

application relates is located in a municipality that, on the day on which the

application is received by the municipality, is prescribed for the purposes of

this subsection.

(3) Clause

34 (19.1) (

c) of the Act is amended by striking out “parcel of urban

residential land” and substituting “parcel of land”.

Subsection 35.1 (1.1) of the Act is amended by striking out “of this section”

at the end and substituting “other than the primary residential unit”.

(1) Subsection 38 (3) of the Act is amended by striking out “thirty”

and substituting “20”.

(2) Subsection

38 (4) of the Act is repealed and the following substituted:

Appeal

to Tribunal re by-law passed under subs. (1) and (2)

(4) Any

person or public body who was given notice of the passing of a by-law under

subsection (3) may, within 50 days after the date of the passing of the by-law,

appeal to the Tribunal by filing with the clerk of the municipality a notice of

appeal setting out the objection to the by-law and the reasons in support of

the objection.

(3) Subsection

38 (4.1) of the Act is repealed and the following substituted:

Transition

(4.1) This

section, as it read immediately before the day the Helping

Homebuyers, Protecting Tenants Act, 2023 received Royal Assent,

continues to apply to a by-law under subsection (1) or (2) passed before that

day.

(4) Subsection

38 (5) of the Act is amended by striking out “or (4.1)”.

(1) Subsection 41 (1.2) of the Act is amended by striking out

“residential units” at the end and substituting “residential units, unless the

parcel of land includes any land in a prescribed area”.

(2) Subsection

41 (11.1) of the Act is amended by striking out the portion before paragraph 1

and substituting the following:

Refund

(11.1) With

respect to plans and drawings referred to in subsection (4) that are received

on or after July 1, 2023, with the exception of plans and drawings referred to

in subsection (11.3), the municipality shall refund any fees paid pursuant to

section 69 in respect of the plans and drawings in accordance with the

following rules:

. . . .

(3) Section

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

refunds, plans and drawings received before July 1, 2023

(11.2) Any

refund of fees required under subsection (11.1), as it read before the day

subsection 9 (2) of

Schedule 6 to the Helping Homebuyers,

Protecting Tenants Act, 2023 came into force, with respect to plans and

drawings received before July 1, 2023 shall be deemed never to have been

required.

Exception

(11.3) Subsection

(11.1) does not apply with respect to plans and drawings submitted to a

municipality that, on the day that the plans and drawings are received by the

municipality, is prescribed for the purposes of this subsection.

(4) Subsection

41 (12) of the Act is amended by striking out “submitted to the municipality”

and substituting “received by the municipality”.

(5) Subsection

41 (12.0.2) of the Act is amended by adding the following paragraph:

3.1 Any

information or material required under subsections (3.3) and (3.4).

Clause 42 (1.3) (

c) of the Act is amended by striking out “parcel of urban

residential land” and substituting “parcel of land”.

Section 47 of the Act is amended by adding the following subsection:

Non-application

of policy statements, etc.

(4.0.1) The

Minister may, in an order made under clause (1) (a), provide that policy

statements issued under subsection 3 (1), provincial plans and official plans

do not apply in respect of a licence, permit, approval, permission or other

matter required before a use permitted by the order may be established.

The Act is amended by adding the following section:

Minister’s

order re agreements

49.2

(1) If the

Minister has directed the Provincial Land and Development Facilitator or a

Deputy Facilitator appointed under subsection 12 (2) of the Ministry of Municipal Affairs and Housing Act to advise,

make recommendations or perform any other functions with respect to land, the

Minister may, by order, require the owner of the land to enter into one or more

agreements with the Minister or with a municipality addressing any matters that

the Minister considers necessary for the appropriate development of the land.

Notice

to municipality

(2) If

the Minister requires the owner of the land to enter into an agreement with a

municipality, the Minister shall inform the municipality in writing of the

matters that the agreement must address.

Restrictions

on use of land

(3) Until

the owner has entered into all agreements required by the order, no person

shall, except as permitted by the order,

(

a) use

the land other than for a purpose for which the land was lawfully used on the

day the order was made;

(

b) erect

or locate any building or structure on the land, other than a building or

structure for which a permit has been issued under

section 8 of the Building Code Act, 1992 on or before the day the order

was made and has not been revoked under subsection 8 (10) of that Act;

(

c) use

any buildings or structures on the land not referred to in clause (

b) other

than for a purpose for which the building or structure was lawfully used on the

day the order was made; or

(

d) place

or dump fill on the land, remove topsoil from the land, alter the grade of the

land or destroy or injure trees on the land except if failing to do so would

result in,

(

i) danger

to the health or safety of any person,

(ii) impairment

or serious risk of impairment of the quality of the natural environment for any

use that can be made of it, or

(iii) injury

or damage or serious risk of injury or damage to any property or to any plant

or animal life.

Effect

of order

(4) An

agreement required under subsection (1) may require the owner of the land to

provide anything or pay for anything in excess of what the owner is required to

provide or pay for under this Act, the Development Charges

Act, 1997 or any other Act.

Same

(5) An

agreement required under subsection (1) may be registered against the land to

which it applies and the Minister or the municipality, as the case may be, is

entitled to enforce the provisions of that agreement against the owner and,

subject to the provisions of the Registry Act and

the Land Titles Act , against any subsequent owners.

Non-application

of Legislation Act, 2006 ,

Part III

(6) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to an order made under subsection (1).

Commencement

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

Schedule

comes into force on the day the Helping Homebuyers,

Protecting Tenants Act, 2023 receives Royal Assent.

(2) Subsections

1 (1), (2) and (12) come into force on a day to be named by proclamation of the

Lieutenant Governor.

(3) Subsections

1 (8) to (11) come into force on the later of the day the Helping

Homebuyers, Protecting Tenants Act, 2023 receives Royal Assent and the

day subsection 1 (5) of

Schedule 9 to the More Homes Built

Faster Act, 2022 comes into force.

SCHEDULE 7

RESIDENTIAL TENANCIES ACT, 2006

Part IV of the Residential Tenancies Act, 2006 is

amended by adding the following section:

Air

conditioning

36.1

(1) A tenant

may install and use a window or portable air conditioner in a rental unit for

which the landlord does not supply air conditioning, unless prohibited from

doing so by the landlord under subsection (2), and subject to the conditions

set out in subsection (3).

Exception

(2) The

landlord may, in the prescribed circumstances, prohibit a tenant from

installing an air conditioner.

Conditions

(3) The

installation and use of a window or portable air conditioner under subsection

(1) is subject to the following conditions:

1. Before

installing the air conditioner, the tenant must notify the landlord in writing.

2. If

subsection (5) may apply in the circumstances, the notice must include any

information available to the tenant about the energy efficiency of the air

conditioner, and information about the tenant’s anticipated usage of the air

conditioner.

3. The

tenant shall ensure that the air conditioner, including its installation and

operation, does not damage the rental unit or residential complex.

4. The

air conditioner must be installed safely and securely.

5. The

installation of the air conditioner is not prohibited by any applicable

municipal property standards by-law or other applicable law, and the air

conditioner is installed and maintained in accordance with any applicable laws.

6. Any

other prescribed conditions.

Reasonable

inspection

(4) For

greater certainty, a reasonable inspection by a landlord for the purpose of

determining compliance with paragraph 3, 4 or 5 of subsection (3) is a

circumstance for which a landlord may enter a rental unit under paragraph 4 of

subsection 27 (1) of the Act.

Rent

increase

(5) If,

on or after the day

section 1 of

Schedule 7 to the Helping

Homebuyers, Protecting Tenants Act, 2023 comes into force, a tenant

installs and uses a window or portable air conditioner in a rental unit to

which the landlord is obligated under the tenancy agreement to supply

electricity, the landlord may increase the rent charged to the tenant.

Exception

(6) Subsection

(5) does not apply if the tenancy agreement expressly provides that the tenant

may install a window or portable air conditioner without any increase of rent.

Maximum

(7) An

increase under subsection (5) shall not exceed the actual cost to the landlord

of the electricity supplied for the operation of the air conditioner or, where

the actual cost cannot be established, a reasonable estimate based on the

information provided by the tenant under paragraph 2 of subsection (3).

Rent

decrease, removal

(8) If

a tenant who is subject to a rent increase under subsection (5) removes the air

conditioner, the landlord shall decrease the rent charged to the tenant by the

amount of the increase.

Rent

decrease, seasonal use

(9) If

a tenant who is subject to a rent increase under subsection (5) seasonally

ceases to use the air conditioner, the landlord shall decrease the rent charged

to the tenant by the amount of the increase.

Same,

resumption of use

(10) If

the tenant seasonally resumes using the air conditioner, the landlord may

increase the rent charged to the tenant, and subsections (7) to (9) apply with

necessary modifications with respect to the rent increase.

Application

(11) Sections

110, 116, 119 and 120 and any order under paragraph 6 of subsection 30 (1) do

not apply with respect to a rent increase under this section.

Application

to existing air conditioners

(12) Subsection

(3), other than paragraphs 1 and 2, applies with necessary modifications with

respect to a window or portable air conditioner installed by a tenant in a

rental unit before the day

section 1 of

Schedule 7 to the Helping

Homebuyers, Protecting Tenants Act, 2023 comes into force, subject to

subsection (13).

Non-application

(13) This

section does not apply with respect to rental units in a mobile home park or

land lease community.

Subsection 50 (3) of the Act is repealed and the following substituted:

Notice

requirements, repairs or renovations

(3) A

notice under clause (1) (

c) shall,

(

a) inform

the tenant that if the tenant wishes to exercise the right of first refusal

under

section 53 to occupy the premises after the repairs or renovations, the

tenant must give the landlord notice of that fact in accordance with subsection

53 (2) before vacating the rental unit; and

(

b) in

the case of a notice under clause (1) (

c) given on or after the day

section 2 Schedule 7 to the Helping Homebuyers, Protecting

Tenants Act, 2023 comes into force, be accompanied by a report prepared

by a person who has the prescribed qualifications and that,

(

i) states

that the repairs or renovations are so extensive that they require vacant

possession of the rental unit; and

(ii) meets

any other prescribed requirements.

Same,

report

(3.1) For

greater certainty, a failure to meet the requirements of clause (3) (

b) with

respect to a notice renders the notice void.

Section 53 of the Act is amended by adding the following subsections:

Requirements

for landlord to notify

(2.1) In

the case of notice given by a tenant on or after the day

section 3 of

Schedule

7 to the Helping Homebuyers, Protecting Tenants Act, 2023

comes into force, the following requirements apply:

1. The

landlord shall, without delay after receiving the tenant’s notice, notify the

tenant in writing of the estimated date by which the rental unit is expected to

be ready for occupancy following the repairs or renovations.

2. The

landlord shall, without delay after becoming aware of any change in a

previously-estimated date by which the rental unit is expected to be ready for

occupancy following the repairs or renovations, notify the tenant in writing of

the new estimated date.

3. The

landlord shall, without delay after the rental unit is ready for occupancy,

notify the tenant in writing.

Time for tenant to reoccupy rental unit

(2.2) If

a rental unit in respect of which the tenant has a right of first refusal

becomes ready for occupancy on or after the day

section 3 of

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

into force, the landlord shall give the tenant at least 60 days after the day

the rental unit is ready for occupancy to exercise the right of first refusal

to occupy the unit.

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

subsection:

Presumption,

prescribed period of time

(6.1) For

the purposes of an application under clause (1) (a), if no person referred to

in clause 48 (1) (a), (b), (

c) or (

d) occupied the rental unit within the

prescribed period of time after the former tenant vacated the rental unit, it

is presumed, unless the contrary is proven on a balance of probabilities, that,

(

a) the

landlord gave the notice of termination under

section 48 in bad faith; and

(

b) the

rental unit was not occupied within a reasonable time after the former tenant

vacated the rental unit.

(2) Subsection

57 (7) of the Act is repealed and the following substituted:

Application

of subs. (6.1)

(7) Subsection

(6.1) applies with respect to an application under clause (1) (

a) if the

application is made on or after the day subsection 4 (1) of

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

into force.

(1) Section 57.1 of the Act is amended by adding the following

subsection:

Deemed

failure

(1.1) A

landlord who fails to comply with the requirements of subsection 53 (2.1) or

(2.2) is deemed, for the purposes of subsection (1) only, to have failed to

afford a former tenant a right of first refusal.

(2) Subsections

57.1 (2), (2.1), (2.2) and (3) of the Act are repealed and the following substituted:

Time

limitation

(2) No

application may be made under subsection (1) after the later of the following

days:

1. The

second anniversary of the day the former tenant vacated the rental unit.

2. The

day that is six months after the day the repairs or renovations are completed.

Transition,

ongoing applications

(3) Subsection

(2), as it reads on the day subsection 5 (2) of

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

into force, applies with respect to applications made but not finally

determined before that day.

Transition,

dismissed applications

(4) A

former tenant whose application was dismissed before the day subsection 5 (2)

Schedule 7 to the Helping Homebuyers, Protecting

Tenants Act, 2023 came into force for a failure to comply with

subsection (2) of this

section may, subject to subsection (2) as it reads on

that day, make a fresh application.

(1) Clause 72 (1) (

a) of the Act is amended by striking out “on or

after the day

section 13 of the Rental Fairness Act, 2017

comes into force”.

(2) Subsection

72 (1.1) of the Act is repealed.

(3) Subsections

72 (3) and (4) of the Act are amended by striking out “subsection (1), (1.1) or

(2)” wherever it appears and substituting in each case “subsection (1) or (2)”.

Section 73 of the Act is amended by adding the following subsection:

Report

re repairs, renovations

(4) In

determining an application with respect to a notice of termination given under

clause 50 (1) (c), the Board shall consider but is not bound by a report

referred to in clause 50 (3) (

b) stating that the repairs or renovations are so

extensive that they require vacant possession of the rental unit.

Subsection 206 (1) of the Act is amended by adding the following clause:

(a.1) the

agreement is in the form approved by the Board;

(1) Subsection 238 (1) of the Act is amended by striking out

“$50,000” and substituting “$100,000”.

(2) Subsection

238 (2) of the Act is amended by striking out “$250,000” and substituting

“$500,000”.

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

12.1 for

the purposes of

section 36.1,

i. prescribing

circumstances for the purposes of subsection 36.1 (2), and

ii. governing

the installation, use and maintenance of window or portable air conditioners

for the purposes of subsection

section 36.1, including prescribing additional

conditions for the purposes of subsection 36.1 (3);

(1) Subsection 241.1 (1) of the Act is amended by adding the

following paragraph:

3.1 prescribing

qualifications and requirements for the purposes of clause 50 (3) (b);

(2) Subsection

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

3.2 prescribing

a period of time for the purposes of subsection 57 (6.1), including prescribing

different periods of time that apply in different circumstances;

Commencement

This

Schedule comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Bill 97 As Amended by Standing Committee (PDF)

This

reprint of the Bill is marked to indicate the changes that were made in

Committee.

The

changes are indicated by underlines for

new text and a strikethrough for deleted text.

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