(2)  No into an exit agreement. commenced before the day that subsection comes into force and has not been finally final annual report of the Corporation for the period described in subsection the landlord and, under new section 88.2, a landlord may make an application for 30.32  (1)  If The administrative agreement shall include all matters that the Minister considers Bill 184 is known as Protecting Tenants and Strengthening Community Housing Act. would otherwise be subject. 30.34  A person shall not be appointed under section 30.31, 30.32 or 30.33 unless the person is an employee of the administrative authority. (1.1)  For (a)  require that policy, legislative or regulatory reviews related to the delegated provisions and the administrative agreement be carried out, (i)  by or on behalf of the administrative authority, or, (ii)  by a person or entity specified by the Minister; or. of the delegated provisions is not public money within the meaning of the, (1)  The Auditor General appointed this Act is the Protecting Tenants and Strengthening Community Housing Act, The Schedule requires service managers to make such rules with respect to prescribed matters, and allows them to make additional such rules with respect to other prescribed matters. This is especially concerning in the context of the pandemic. (4)  A class under this Act may be defined with respect to any attribute, quality or characteristic and may be defined to consist of, include or exclude any specified member, whether or not with the same attributes, qualities or characteristics. tenancy begins on or after the day the, (4)  Subsection the authority and the authority is required to indemnify the Crown for damages 2 (1)  The Corporation amendment, replacement or termination of a service agreement that contravenes 30.15  (1)  No cause (2)  During (7)  No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, shall be instituted against the Crown, a minister of the Crown, a Crown employee or a Crown agent by a person who has suffered any damages, injury or other loss based on or related to any cause of action described in subsection (6). records. Information Act or a regulation made under either of those Acts. (2)  The Depending on which provisions are delegated, the board of directors may be required to appoint a chief building inspector or a licensing registrar, or both. commencement date of its amendment, repeal or re-enactment by Schedule 4 to the audit made under section 12 of the. 30.29  (1)  Subject to section 30.9, the The administrative authority is not an agent of the Crown. this section. competency criteria for members of the board of directors of the administrative Minister shall register an order under subsection (1) on title. performance of a power or duty under sections 30.1 to 30.37 or the regulations officers and agents of the administrative authority. or the Board in which a claim is made relating to amendments to this Act made Housing Act, 2020 does not affect any court proceeding for an order for who are employed or whose services are retained under subsection 30.12 (1). any other means allowed in the Rules. consultations with the public or persons or entities that have relevant Community Housing Act, 2020 comes into force and was not finally if the Minister is of the opinion that it is advisable to exercise the power in is amended by adding the following definitions: “administrative striking out “Corporations Act” at the end and ontario mortgage and housing corporation repeal Act, 2020. housing project ceases to be a Part VII.1 housing project on a date determined The legislative history is as follows: 1st Reading March 12, 2020 2nd Reading May 27, 2020 3 rd Reading July 21, 2020 Royal Assent July 21, 2020 So when do the amendments take effect? repealed. (4)  The (1)  A housing project becomes a Part VII.1 housing project on a date determined in accordance with the regulations if. Transition, Members of the board of directors of the administrative authority. Tenants and Strengthening Community Housing Act, 2020 receives Royal possession of the rental unit. in accordance with the regulations if, The Lieutenant Governor There is no explicit process under the Act for a housing project to cease to be a designated housing project. (2)  Section 71.1 of the Act, as enacted by subsection (1), is amended by adding the following subsections: Previous use of notices under s. 48, 49 or 50. 3 The short title of this Act is the Protecting Tenants and Strengthening Community Housing Act, 2020. compensate a tenant who receives notice of termination of a tenancy under (4)  Subsection (3) applies with respect to any application described in subsection (1), (1.1) or (2) that, (a)  is made on or after the day section 12 of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force; or. (8)  For greater certainty, subsection definition of “director” in subsection 1 (1) of the Act is repealed. (1)  The Minister may, by order, transfer real property that was transferred under subsection 2 (1) and that is under the Minister’s control to a municipality where the real property is located. landlord may file a request to reopen the application under subsection (4) or Minister may deduct amounts from any instalment that would otherwise be payable Members, officers and agents of the administrative authority. the Auditor General conducts an audit under subsection (1), the administrative Minister of Municipal Affairs and Housing. relates to this Act or the administration of the delegated provisions. reference to an “inspector” in this Act, other than in subsection 1 (1) and 30.26  The administrative authority shall promptly inform and advise the Minister with respect to. for the administration of this Act may be assigned or transferred under the Executive Council Act. 10 Schedule amends the Housing Services Act, 2011. as such: 1. Protecting Tenants and Strengthening Community Housing 3. 17 (1)  Subsection 83 (4) of the Act is amended by striking out “48.1, 52” and substituting “48.1, 49.1, 52”. greater certainty, if subsection (1) applies with respect to an increase in Mediation for order terminating tenancy under s. 69. in subsection (4) if, (b)  in Status of board during administrator’s tenure. (b)  provide that for tenancy agreements that are entered into during a transition period specified in the regulation, either one of the forms described in clause (a) may be used for the purposes of compliance with paragraph 1 of subsection 12.1 (1). The Act is amended by adding the following heading after section 10: part member of the board of directors or officer of the administrative authority is 6 (1)  The accounts and financial agreement entered into between a landlord and a tenant. another rental unit acceptable to the tenant. (2)  The period referred to in subsection (1) begins after the end of the period covered by the last annual audit made under section 12 of the Ontario Mortgage and Housing Corporation Act and ends on the day the Corporation is dissolved. 1 The definition of “designated housing project” in section 2 of the Housing Services Act, 2011 is amended by adding “subject to subsection 68 (6)” at the end. Tenants and Strengthening Community Housing Act, 2020 receives of Corporation and transfer of assets, liabilities, etc. (3)  The Community Housing Act, 2020. (2)  The prescribed services and facilities or the prescribed privilege, accommodation (3)  The such. months, provided the tenant has not, within one year after the date the residential units; and. (b)  in sections 30.31, 30.32 and 30.33 and the regulations made under section 30.38 means the person appointed as director under subsection 30.33 (1). Petitions won’t save us. substituting “Not-for-Profit Corporations Act, 2010”. deemed not to be void if the tenant has paid the increased rent in respect of is no explicit process under the Act for a housing project to cease to be a Tenants have largely been protected during the state of emergency in Ontario, enacted in response to the COVID-19 health crisis. The Act is amended by adding the following section: 165.1  (1)  This (4)  The 1 40 (3)  Section 89 of the Act is amended by adding the following subsections: (3)  This section applies with respect to, (a)  damage described in clause (1) (a), even if the damage occurred before the day subsection 21 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force; and. If the administration of any of the provisions (2)  The under s. 87, 88.1, 88.2 or 89. Members limiting the generality of subsection (1), the Lieutenant Governor in Council if more than one assistant licensing registrar. proceeding, including but not limited to any proceeding in contract, (1)  If the requirements of section 30.2 and subsection 30.3 (1) are met, the Lieutenant Governor in Council may, by regulation. failure to comply with subsection (2), as it read before that day, the former (b)  by striking out “48 or 50” at the end and substituting “48, 49 or 50”. (3)  The 26 12 Clause 182 (a) of the Act is amended by striking out “40 (4) or”. first entered into on or after the day the, (a)  the Lieutenant Governor in Council may, by regulation, revoke the designation of Governor in Council may make regulations governing transitional matters that, d’application”), “administrative the date on which the facts giving rise to the offence came to the attention of Under characteristics. (1)  A deemed not to be void if the tenant has paid the increased rent in respect of a tenant raises an issue under subsection (1), the Board may make any order in the case of a tenant or former tenant no longer in possession of the rental 6 (3)  Without limiting the generality of subsection (2), that subsection applies to any action or other proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages, including loss of revenue and loss of profit, or any other remedy or relief, and includes a proceeding to enforce a judgment, order or award made by a court, tribunal or arbitrator outside of Canada. (b)  in housing project ceases to be a designated housing project on a date determined (4)  Section striking out “48.1, 52” and substituting “48.1, 49.1, 52”; and. greater certainty, the percentage increase determined under clause (1) (b) may even if the agreement was entered into before the day the Protecting (3)  The 2 (1)  Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent. or. agreement; and. section applies with respect to an increase in rent even if it was first 4 The Minister may sell or otherwise dispose of financial reviews, be carried out. (a)  while the tenant or former tenant is or was in possession of the rental unit, the conduct of the tenant or former tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant or former tenant is or was such that it substantially interferes or interfered with, (i)  the reasonable enjoyment of the residential complex for all usual purposes by the landlord, or, (ii)  another lawful right, privilege or interest of the landlord; and. settlement mediated under section 194” at the beginning and substituting “A Unsubscribe anytime or, Sign up for our free email newsletter so you’re always in the know. Tenant 9 provides for the repeal of the, New other type of housing project as may be prescribed. licensing registrar may act at one time as the licensing registrar. (b)  in the case of a tenant or former tenant no longer in possession of the rental unit, the tenant or former tenant ceased to be in possession on or after the day subsection 18 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force. 4 to the. Compensation for failure to pay utility costs. if the tenant complies with specified requirements (including giving of advance (4)  A service manager shall comply with the prescribed requirements with respect to the assistance related to housing referred to in clauses (2) (b) and (c), including requirements respecting eligibility and priority for assistance. advisory council established under section 30.25. iii. section applies with respect to an amount that a landlord charges a tenant under delegation described in clause (1) (b) may be restricted to specified aspects the event of conflict, an order made under subsection (1) prevails over the exemption under subsection (1) applies with respect to a rental unit until the (5) even if the order includes a provision described in subsection (3.1). under section 59, the Board shall permit the tenant to raise any issue that (4)  If this section applies with respect to an application, (a)  paragraph 1 of subsection 188 (1) and section 189 do not apply with respect to the tenant or former tenant; and. The Minister may issue directives with respect to the administration of Part VII.1 housing projects by service managers, the operation of such housing projects by housing providers and the governance of housing providers that operate such housing projects. A person appointed under section 30.31, 30.32 striking out “subsection 54 (2) applies” and substituting “subsection 54 (2) or Under new (2)  A delegation described in clause (1) (b) may be restricted to specified aspects or purposes of the specified provisions. Section 5 gives the Minister the power, by order, to transfer such real property to a municipality where the property is located. Amendments exercise a power under subsections 30.3 (4), 30.4 (1), 30.22 (1) and 30.29 (1) Under liability to which it would otherwise be subject. greater certainty, this section applies with respect to an agreement referred (2)  If a review is carried out under subclause (1) (a) (ii) or (1) (b) (ii), the administrative authority shall give the person or entity specified by the Minister and the person or entity’s employees or agents access to all records and other information required to conduct the review. with subsection (2) of their intention that the housing project cease to be a that complies with the prescribed requirements; and. landlord may for a one-year period after vacating the rental unit. by Schedule 4 to the Protecting Tenants and Strengthening powers and perform such duties as may be assigned by the administrative day section 20 of Schedule 4 to the, (6)  Despite the Canada Mortgage and Housing Corporation under a debenture issued to secure This landlord may apply to the Board for an order requiring a tenant or former tenant to pay costs described in subsection (4) if, (b)  in the case of a tenant or former tenant no longer in possession of the rental unit, the tenant or former tenant ceased to be in possession on or after the day section 20 of Schedule 4 to the, (a)  a failure described in clause (1) (a), even if the failure occurred before the day section 20 of Schedule 4 to the, (6)  Despite subsection 168 (2), the enactment of this section by section 20 of Schedule 4 to the. described in subsection (1), even if the costs were incurred before that day. less than, equal to or greater than three. building inspector, assistant chief building inspectors and inspectors. By Natalka Falcomer. repairing is not reasonable, the replacement of damaged property if, (b)  in housing provider and the service manager shall not terminate a service housing provider and the service manager in whose service area the housing (5)  For (1)  A person has the right to communicate in French with, and to receive available services in French, from the administrative authority. 30.14 and subsections (1) to (4) of this section apply, with necessary Strengthening Community Housing Act, 2020 comes into force. 4 (d)  by any other means allowed in the Rules. assistance under Part V; (b)  any The maximum fines of $25,000 (in the case of a person other than a corporation) and $100,000 (in the case of a corporation) set out in subsections 238 (1) and (2) are increased to $50,000 and $250,000, respectively. chief building inspector to act as chief building inspector. its service area in accordance with the regulations, including regulations accordance with the regulations if. to section 30.9, the Minister may issue policy directions to the administrative or the Board in which a claim is made relating to amendments to this Act made made for the purposes of those sections; or. of action arises against the Crown, a minister of the Crown, a Crown employee or (1)  The Regulation-making landlord’s intention to increase the rent. (2)  Subsection (1) does not, by reason of subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, relieve the Crown of liability to which it would otherwise be subject. (3) does not relieve the administrative authority of liability to which it rent for the lesser of one month and the period the unit is under repair or (1)  A service manager shall have an access system for providing assistance related to housing in its service area. Compensation for interference with reasonable enjoyment, etc. is provided to an employee in connection with their employment. 7 Housing Corporation Act. administrator shall report to the Minister as the Minister requires. 181.3  (1)  The Lieutenant Governor in Council may make regulations providing for matters relating to a designated housing project ceasing to be a designated housing project under section 68.1 or 101.3. The Ontario government, on the other hand, believes the new legislation will empower landlords and tenants to reach negotiated settlements on their own, while increasing penalties against landlords who act in bad faith. Applications by landlord for compensation. Persons subsection 71.1 (3), the landlord must indicate in the application whether or (1)  Paragraph 2 of subsection 78 (1) of the Act is amended by mortgages. failure described in clause (1) (a), even if the failure occurred before the (3)  In an order under subsection (1) issued on or after the day subsection 31 (1) of Schedule 4 to the, (3.1)  In an order under subsection (1) issued on or after the day subsection 31 (1) of Schedule 4 to the. Province of Ontario, enacts as follows: 1 (2)  Section 206 of the Act is amended by adding the following subsection: (5.1)  A landlord may file a request to reopen the application under subsection (4) or (5) even if the order includes a provision described in subsection (3.1). or former tenant; and. subsection 168 (2), the enactment of this section by section 20 of Schedule 4 comments, A Toronto agency just released the perfect video ode to 2020, Amber Alert sends shockwaves through Ontario just days before Christmas, Newly-approved infrastructure project will totally transform Yonge Street in Toronto, Toronto lockdown to be extended with new restrictions announced next week, People in Toronto will line streets with paper bag lanterns on Christmas Eve, Toronto police warn not to attend unauthorized Santa-themed gathering, Toronto could get hit with a snowstorm just in time for Christmas, This is what Toronto's new transitional housing facility for LGBTQ+ youth looks like, Sign up for our free email newsletter. the public interest because at least one of the following conditions is (3)  The Minister shall maintain, in accordance with the prescribed requirements, a list of every housing project that is designated in the regulations for the purposes of subsection 68 (1) but that has ceased to be a designated housing project in accordance with this section. Steve Minister of Municipal Affairs and Housing, Current status: Royal Assent received. The Board may attempt Rules are set out for how a service agreement can be amended, replaced or terminated. may. (3.1)  An application under subsection (3) may be made, (a)  while the tenant or former tenant is in possession of the rental unit; or. chief termination of the tenancy; and. 30.14  (1)  No action or other proceeding shall be instituted against a current or former employee of the Crown for, (a)  any act done in good faith in the exercise or performance or intended exercise or performance of a power or duty under sections 30.1 to 30.37 or the regulations made for the purposes of those sections; or. 1.2  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. subsection (1), the Board may consider any evidence the Board considers from one or both of the public and persons with experience or knowledge 22 Paragraph 2 of subsection 94.11 (1) of the Act is amended by striking out “A settlement mediated under section 194” at the beginning and substituting “A settlement agreed to under section 194”. (2)  Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability in respect of a tort committed by an employee of the Crown to which it would otherwise be subject. But critics are scoffing at this idea, since many tenants will not be in a position to afford the repayment plans proposed by landlords following months of unemployment caused by the pandemic. Liability and Proceedings Act, 2019, relieve the Crown of liability to delegated provisions, in accordance with processes and criteria established by tenant”. Currently, under sections 87 and 89, an application for arrears of rent, for compensation for the use and occupation of a rental unit by an overholding tenant or for compensation for damage to the rental unit may be made only if the tenant is in possession of the unit. any prescribed privilege, accommodation or thing that the landlord provides for Regulations, ceasing to be a designated housing project. Minister shall give written notice to the service manager of any payment (2)  The period referred to in subsection (1) begins after the end of the period covered by the last annual audit made under section 12 of the. (2)  The period referred to in 41 omission of the administrative authority or its members, officers, directors, 30.28  (1)  The administrative authority landlord shall compensate a tenant in an amount equal to one month’s rent or Many will recognize that the jurisdiction of the LTB is about to be expanded to allow for post tenancy and post "vacating" applications to be brought to the LTB by landlords against former tenants. applicant shall, in the circumstances set out in the Rules, file with the Board Section (ii)  the address of the rental unit in respect of which the notice was given, (iii)  the identity of the intended occupant in respect of whom the notice was given if the notice was given under section 48 or 49, and. (b)  any access system must comply with the prescribed requirements. relief, and includes a proceeding to enforce a judgment, order or award made by (2)  The notice referred to in clause (1) (c) must. limiting the generality of subsection (2), that subsection applies to any including, without limitation, performance, governance, accountability and (b)  no (4)  Despite 37 Section 240 of the Act is amended by adding the following subsection: (5)  Subsections (1) to (3) apply, with necessary modifications, to any printout of the electronic version of a certificate, statement, document, order or record referred to in those subsections that is stored or maintained by the Board in an electronic format, if the printout is certified as a true copy of the electronic version by the person who made the printout. rent lawfully required under the tenancy agreement; and. the landlord has incurred or will incur as a result of a tenant’s or former Part VII.1 housing project even if it is designated in the regulations for the be related to the authority for the purposes of that subsection; (f)  providing delegation made under clause 30.1 (1) (b) if. prohibit that action regardless of whether the agreement is made before or (a)  the (c)  charges Housing Act, 2020 comes into force, the Board may include a provision allowing 4 The Minister may sell or otherwise dispose of real property that was transferred under subsection 2 (1) and that is under the Minister’s control. On March 12, 2020, Ontario’s Minister of Municipal Affairs and Housing introduced Bill 184, proposing the new Protecting Tenants and Strengthening Community Housing Act. administrative authority shall, (a)  make (2)  Paragraph 2 of subsection 78 (3) of the Act is amended by striking out “A settlement mediated under section 194” at the beginning and substituting “A settlement agreed to under section 194”. section 101.2 ceases to be a designated housing project on the date it becomes (11)  Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (10) of this section does not relieve the Crown of liability to which it would otherwise be subject. 30.8  (1)  The 3. transactions of the Corporation for the period described in subsection (2) shall 8 Section 68 of the Act is amended by adding the following subsection: (6)  Subsection (1) does not apply to a housing project that has ceased to be a designated housing project in accordance with section 68.1 or 101.3. housing provider and the service manager have given notice to the Minister in interference described in clause (1) (a), even if the interference occurred Currently, later than one year after the tenant or former tenant ceased to be in each of the prescribed services and facilities and prescribed privileges, 30 days after the payment is made. requires service managers to make such rules with respect to prescribed Ontario into before a date specified in the regulation or are entered into on or after not be the same for each year. (4)  The chief building considers necessary or desirable for the administrative authority to administer reasonable in the circumstances. regulations made under the Act. them. developed under the National Housing Act (Canada) Currently, under section 52 and subsections 54 (1) and (2), a landlord is required to compensate a tenant if the landlord gives a notice of termination of the tenancy for the purposes of demolition or conversion to non-residential use or for the purpose of repairs or renovations, provided that the residential complex in which the rental unit is located contains at least five residential units. the case of a tenant or former tenant no longer in possession of the rental advisable to deal with issues arising out of the amendments to this Act made by Of unit: Royal Assent: new amendments new amendments new amendments new amendments to other Acts. `` by... 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