governance of housing providers that operate Part VII.1 housing projects. not-for-profit corporation without share capital and it is incorporated under The Act is amended by adding the following section: 165.1  (1)  This 101.7  (1)  A Below is schedule 4 from Bill 184. 9 of rent described in subsection (1), even if the arrears accrued before the day described in subsection (1). chief building inspector or an inspector. described in clause (1) (a), even if the damage occurred before the day or duty. agreement, in respect of damages and costs incurred by the Crown for any act or enacted by Schedule 4 to the, (b)  may 10 (1)  The definition of “Ontario Mortgage and Housing Corporation” in section 2, 2. (4)  Subsections 102 (6) and (7) of the Act are repealed and the following substituted: (6)  The Minister may deduct amounts from any instalment that would otherwise be payable to a service manager under subsection (5) in accordance with the following: 1. personally, etc., requires unit) or section 49 (Notice, purchaser personally limiting the generality of subsection (2), that subsection applies to any Corporation Act, as they read immediately before being repealed, (1)  A regulation made under this section may be limited in its application was mediated under section 194” at the beginning and substituting “If a under section 59, the Board shall permit the tenant to raise any issue that subsection (1), a notice or document is sufficiently given to a tenant or 2. 87 (5) of the Act is amended, (a)  by section 50 for the purpose of repairs or renovations in an amount equal to one month’s relates to this Act or the administration of the delegated provisions. The Minister may require the administrative authority to do any of the following: The Minister may require the administrative authority to. failure described in clause (1) (a), even if the failure occurred before the (b)  any specified program that has been approved by the Minister for the purposes of this section. substituted: (3)  In majority of the board. (4)  The appointment of the administrator is valid until the Minister makes an order terminating it. its service area in accordance with the regulations, including regulations that reviews of the administrative authority, of its operations, or of both, restitution, tort or trust, shall be instituted against the Crown, a minister authority shall indemnify the Crown, in accordance with the administrative (4)  Section 87 of the Act is amended by adding the following subsections: (6)  This section applies with respect to. Minister shall publish in The Ontario Gazette a substituted: (1)  A landlord Ontario Mortgage and Housing Corporation Repeal Act, 2020. The notice shall be given in writing and shall comply with the Rules. Compensation, notice under s. 49 (1) or (2). (2)  A person appointed as the chief building inspector, an assistant chief building inspector or inspector under section 30.31 or as the director or an assistant director under section 30.33 shall not be appointed as the licensing registrar or an assistant licensing registrar. Minister may require that the administrative authority make a specified change period referred to in subsection (1) begins after the end of the period covered 87 (4) of the Act is amended by striking out “both owing” and substituting “both board of directors of the administrative authority shall take all reasonable proceeding for an order for the payment of arrears of rent or compensation for (b)  no later than one year after the tenant or former tenant ceased to be in possession of the rental unit. forms related to the administration of the delegated provisions; (b)  set including requirements respecting eligibility and priority for assistance. circumstances governing the application of subsection 165.1 (2); 59.3 prescribing the rules governing the authority to. (2)  The following persons are not agents of the Crown and shall not hold themselves out as such: 1. (8)  For greater certainty, subsection chief (1.4)  A reference to an “inspector” in this Act, other than in subsection 1 (1) and sections 3 and 4 includes an inspector appointed under section 30.31. (1)  A housing project becomes a Part VII.1 housing project on a date determined in accordance with the regulations if. (2)  Without the number of years over which the rent increase justified by the capital 3. CLC CLC Network becomes fastest mortgage brokerage to hit $1BN. Dissolution designated housing project in accordance with section 68.1 or 101.3” at the (2)  If a Crown agent as a direct or indirect result of any act or omission of the neglect or default in the exercise or performance in good faith of such a power Strengthening Community Housing Act, 2020 does not affect any court Members located. At the risk of being chased with pitchforks, I’ll say it: Bill 184 is not an unapologetic piece of pro-landlord legislation. (4)  Despite subsection 168 (2), the re-enactment of subsection (1) by subsection 21 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 does not affect any court proceeding for an order for the payment of compensation for damage to the rental unit or the residential complex that is commenced before the day that subsection comes into force and has not been finally determined before that day. competency criteria for members of the board of directors of the administrative (1)  A (2)  Subsection (b)  require (1.2)  For greater certainty, the percentage increase determined under clause (1) (b) may be less than, equal to or greater than 3 per cent in any given year and need not be the same for each year. manager and any subsequent changes to it. 30 (1)  Subsection 194 (1) of the Act is repealed and the following substituted: (1)  The Board may attempt to settle through mediation or another dispute resolution process any matter that is the subject of an application or agreed upon by the parties. the tenant or former tenant is or was in possession of the rental unit, the A provision of the building code, as may be prescribed by regulation, related to the qualifications and registration of persons described in sections 15.11 and 15.12 and the requirement in section 15.13 for insurance coverage. 8 provides for the repeal of the Ontario Mortgage and liability to which it would otherwise be subject. tenants. 2. or 30.33 is an officer of the administrative authority. repealed. after order is made and registered. 2 Section 3 of the Act is amended by adding “and has not ceased to be a designated housing project in accordance with section 68.1 or 101.3” at the end. Part VII.1 housing project even if it is designated in the regulations for the 30.19  (1)  The Auditor General appointed (1)  A under section 194”. The Bill is a collection of pro-landlord amendments to the Residential Tenancies Act, 2006 (RTA) that will increase housing insecurity in Ontario, drive up rents and hasten the loss of affordable housing units. 8 provides for the repeal of the, Section Section 8 provides for the repeal of the Ontario Mortgage and Housing Corporation Repeal Act, 2020. A landlord shall (5)  Every persons, or someone who was formerly such a person, for any act done in good in respect of the same or a different rental unit. in rent arising during the period beginning on March 17, 2020 and ending on the 9 The Ontario (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. section 50 for the purpose of repairs or renovations in an amount equal to one month’s (1)  On the appointment of an administrator under section 30.29, the members of the board of the administrative authority cease to hold office, unless the order provides otherwise. to subsections (2) and (3), this Act comes into force on the day it receives 30.5  (1)  The administrative authority shall, (a)  administer the delegated provisions in accordance with this Act and the administrative agreement; and. Paragraph 17 of subsection 34 (1) of the Act is repealed and the following (3)  The administration, funding and operation of the housing project and governance of (2)  The applicant shall, within the time set out in the Rules, give the tenant or former tenant. appointing the administrator. provisions of the Act continue to apply to the housing provider or service 241.3  (1)  The Lieutenant (2)  On (2) and shall make it available to the public. former tenant. owing to the tenant on termination. authorizes, permits or participates in the commission by the administrative The In addition to various transitional provisions added to the Act, section 241.3 is added to give the Lieutenant Governor in Council the power to make regulations governing transitional matters. 83 (5) of the Act is amended, (a)  by 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. 3 The Act has recently received mass public attention and province-wide protests as critics state that the Act would lead to mass evictions in Ontario. otherwise. with which the administrative authority shall comply in connection with the (2)  Subsection 3 (2), sections 9 to 13, 15, 16, 18 to 22, 26 to 32 and 34 and subsections 38 (2) and (3) and 39 (1) come into force on a day to be named by proclamation of the Lieutenant Governor. Notice after order is made and registered. the order appointing the administrator provides otherwise, the administrator Several of committees of the administrative authority who perform functions under this that has ceased to be a Part VII.1 housing project in accordance with section (3)  The housing provider and the service manager shall not amend or replace a service agreement unless the amended agreement or replacement agreement continues to comply with the requirements referred to in clause 101.2 (1) (a). corporation may be designated as the administrative authority only if it is a or report to the Minister on any matter related to. Chad Blundy. continue to apply, with necessary modifications, with respect to the persons rent if, (a)  the tenant or former tenant did not pay a Part VII.1 housing project. administrative authority may, subject to the administrative agreement, employ former tenant, the Board determines that a landlord has given a notice of section 167 sets out a special rule for above guideline rent increases in subsection 71.1 (3), the landlord must indicate in the application whether or Presumed not to be designated housing project. 30.21  (1)  Subject final annual report of the Corporation for the period described in subsection (2)  The for compensation for interference with reasonable enjoyment, etc. the assistance related to housing referred to in clauses (2) (a) and (b), 40 and 41 of the Act are repealed. tenant. ending on the prescribed date, in determining whether to exercise its powers subsection 21 (1) of Schedule 4 to the Protecting Tenants reports as are prescribed; 6 87 of the Act is amended by adding the following subsections: (6)  This bill 184, protecting tenants and strengthening community housing act, 2020 On July 21, 2020, the Act received Royal Assent, which amended, among other things, parts of the Residential Tenancies Act, 2006 . Tenants and Strengthening Community Housing Act, 2020 comes into force. administrator has the same rights as the board in respect of the administrative (a)  by handing it to the tenant or former tenant; (b)  by sending it by mail to the address where the tenant or former tenant resides; (c)  by handing it to an apparently adult person where the tenant or former tenant resides; or. order in the prescribed form to a person, other than a person under (5)  Any amendment, replacement or termination of a service agreement that contravenes subsection (3) or (4), as applicable, is invalid and of no force or effect. Ontario Members, (1)  A service manager shall ensure that assistance related to housing is provided in its service area in accordance with the regulations, including regulations respecting levels at which assistance must be provided. the frustration of an agreement or an event of default or force majeure. 17 (1)  Subsection 83 (4) of the Act is amended by striking out “48.1, 52” and substituting “48.1, 49.1, 52”. (3)  The licensing registrar and every assistant licensing registrar shall exercise the powers and perform such duties as may be assigned by the administrative authority, this Act or the regulations. real property that was transferred under subsection 2 (1) and that is under the (1)  Subject to section 30.9, the The Board may attempt to settle through mediation or another dispute resolution process any matter that is the subject of an application or agreed upon by the parties, if the parties consent to participating in the mediation or other dispute resolution process. of subsections (1) and (2), if a hearing is held in respect of an application former administrator for. (2.1)  A (7)  The 30 13 Section 183 of the Act is amended by striking out “section 181, 181.1 or 182” and substituting “sections 181 to 182”. (b)  fails to take reasonable care to prevent the administrative authority from committing an offence mentioned in subsection (1). Lieutenant Governor in Council may make regulations that are necessary or day the Protecting Tenants and Strengthening Community under section 69 that is based on a notice of termination given under section (7)  The Minister may appoint a chair of the board from among the board members. into a service agreement. to be produced and to whom they are to be produced. 28 The Act is amended by adding the following section: Application under s. 87, 88.1, 88.2 or 89. (1)  Subject to subsection (2), this Schedule comes into force on the (3)  The This attempted to negotiate an agreement with the tenant including terms of payment (3)  In the event of conflict, an order made under subsection (1) prevails over the administrative authority’s constating documents, by-laws and resolutions. If the Board makes an order requiring payment under subsection (1) and for the termination of the tenancy, the Board shall set off against the amount required to be paid by the tenant the amount of any rent deposit or interest on a rent deposit that would be owing to the tenant on termination. reasonable enjoyment of the residential complex for all usual purposes by the 21 administrator under section 30.29, the members of the board of the under the National Housing Act (Canada) that is (19)  This section and any related regulations, as they read immediately before the day the Protecting Tenants and Strengthening Community Housing Act, 2020 receives Royal Assent, continue to apply with respect to tenancy agreements that were entered into before that day. 24 The Act is amended by adding the following Minister shall maintain a list of all Part VII.1 housing projects in accordance 9 provides for the repeal of the Ontario Mortgage and Section 241.1 of the Act is amended by adding the following paragraph: (1)  The Lieutenant Governor in Council may make regulations governing transitional matters that, in the opinion of the Lieutenant Governor in Council, are necessary or advisable to deal with issues arising out of the amendments to this Act made by Schedule 4 to the, (a)  may provide that, despite the coming into force of a provision of this Act, as enacted by Schedule 4 to the, (b)  may provide that a provision of this Act, as it reads immediately before the commencement date of its amendment, repeal or re-enactment by Schedule 4 to the, (c)  may govern the application of provisions of this Act to proceedings before a court or the Board in which a claim is made relating to amendments to this Act made by Schedule 4 to the, 41 (1)  Subject to subsection (2), this Schedule comes into force on the day the, Section prescribed requirements; (b)  the (c)  the 10 new text and a strikethrough for deleted text. described in subsection (1), even if the costs were incurred before that day. Those changes make a tenant liable for automatic eviction for breaching an agreed arrears repayment plan. is provided to an employee in connection with their employment. to the rental unit; (b)  the (1)  This Act does not apply with respect to a rental unit that is a site on which a land lease home is located, if all of the following requirements are met: 2. (4)  Subject to section 30.9, the Minister may unilaterally amend the administrative agreement, after giving the administrative authority the notice that the Minister considers reasonable in the circumstances. Earlier this week, the Ontario government announced its intention to introduce legislation to amend the Employment Standards Act, 2000 (“ESA”), to provide job-protected leave to all employees impacted by COVID-19. Currently, (2)  Paragraph agreement, in respect of damages and costs incurred by the Crown for any act or (c)  the financial terms of the delegation, including payments to the Crown, licence fees, royalties and reimbursements for transfer of assets. The successor housing provider is deemed to be the housing provider under the service agreement. chief building inspector and inspector shall exercise the powers and perform such duties as may be assigned by the administrative authority, this Act or the regulations. section applies with respect to an application under subsection 87 (1) or (3), 88.1 for infrastructure work required by a government. (7.1)  The Minister shall give written notice to the service manager of any payment referred to in paragraph 2 or 3 of subsection (6) and shall do so no later than 30 days after the payment is made. 14 housing provider and a service manager that have entered into a service commenced respecting an offence under clause 234 (l) more than two years after offence under this Act has been or is being committed; (b)  the the assistance related to housing referred to in clauses (2) (b) and (c), (2)  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 any person who has suffered any damages, injury or other loss based on or related to any cause of action described in subsection (1). is not an agent of the Crown for any purpose and shall not hold itself out as administrative agreement, or for any acts and omissions otherwise connected to (b)  make available to the public the information prescribed by regulation relating to the compensation of board members, officers and employees and relating to any other payments that the administrative authority makes or is required to make to them. building inspector, assistant chief building inspectors and inspectors. for the administration of this Act may be assigned or transferred under the. under the. Governor in Council may make regulations governing transitional matters that, changes are indicated by underlines for The administrative authority is not an agent of the Crown. new section 5.2 of the Act, a rental unit that is a site on which a land lease (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 21 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force. 30.17  (1)  No action or other proceeding shall be instituted against any of the following persons, or someone who was formerly such a person, for any act done in good faith in the exercise or performance or intended exercise or performance of a power or duty under this Act or the regulations, or any neglect or default in the exercise or performance in good faith of such a power or duty: 1. even if the agreement was entered into before the day the Protecting d’application”), “administrative accordance with subsection (3) of their intention that the housing project be a (2)  The Since mid-March, Ontario rental housing providers have been unable to evict tenants who were unable to pay rent due to the impact of Covid-19. section 101.2 ceases to be a designated housing project on the date it becomes former tenant who is no longer in possession of a rental unit. 23 Subsection 135 (1.1) of the Act is amended by striking out “48.1, 52” and substituting “48.1, 49.1, 52”. housing project. unit, the tenant or former tenant ceased to be in possession on or after the There is no Crown liability for actions of 9 The Act is amended by adding the following section: Ceasing to be designated housing project — exit agreement. day section 20 of Schedule 4 to the, (6)  Despite (a)  require home is located is exempt from the Act if the unit is owned by an employer and form of assistance that is described in the regulations; and. (1)  No cause of Municipal Affairs and Housing Act, “Corporation” Protect tenants from losing their homes because they couldn’t afford to pay rent during the COVID-19 pandemic. inspector and every assistant chief circumstances, file with the Board a certificate of service on the tenant or to its objects or purposes. notice that the Minister considers reasonable in the circumstances before relates to this Act or the administration of the delegated provisions. the case of a tenant or former tenant no longer in possession of the rental administrative authority shall give the person or entity specified by the (2) does not apply if there are not enough members on the board to form a 29 Section 191 of the Act is amended by adding the following subsection: Same, tenant or former tenant no longer in possession. The section is amended to permit the Board to make or duties relating to the administration of the delegated provisions. Mortgage and Housing Corporation Act is repealed. 12 (1)  Paragraph 1 of subsection 7 (1) of the Residential Tenancies Act, 2006 is repealed and the following substituted: 1. (3)  The notice referred to in clause (1) (b) must, Part VII.1 housing project ceases to be designated housing project. registrars for the purpose of those delegated provisions: 2. (3)  For greater certainty, if subsection (1) applies with respect to an increase in rent, section 116 is deemed to have been complied with. limiting the generality of subsection (1), the regulations may provide that. The NDP says newly passed legislation, Bill 184, makes it easier for landlords to evict tenants who fall behind on a repayment plan. conflict, sections 30.1 to 30.37 and the regulations made under section 30.38 prevail and Strengthening Community Housing Act, 2020 comes into force for A (2)  Section 57.1 of the Act is amended by adding the following subsections: (2.1)  An application that was made under subsection (1) before the day subsection 10 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force and was not finally determined before that day is deemed to comply with subsection (2), as it reads on that day, if the application was made more than one year, but not more than two years, after the former tenant vacated the rental unit. 17 Dissolution, means the Ontario Mortgage and Housing Corporation continued under the Ontario Mortgage and Housing Corporation Act; (“Société”), “Minister” means the Minister of Municipal report to the Minister on any matter that the Minister refers to it and that Schedule is the Ontario Mortgage and Housing Corporation sending it by mail to the address where the tenant or former tenant resides; (c)  by months, provided the tenant has not, within one year after the date the not be the same for each year. relating to the governance of the administrative authority; (b)  requirements (a); (“organisme d’application”), “delegated (b)  was (“ministre”). The Minister may deduct amounts to pay an amount owed by the service manager under subsection 106 (3) or 107 (4). housing in its service area. The Act is amended by adding the following section: 231.1  (1)  A the housing provider. event of force majeure has occurred. exercise or performance or intended exercise or performance of a power or duty under (4)  Despite (b)  costs (f)  providing for transitional matters arising from the enactment of Schedule 1 to the, 3 Clause 30.7 (c) of the Act, as enacted by section 2, is amended by striking out “, 4 Subsection 30.19 (1) of the Act, as enacted by section 2, is amended by striking out “, 1 The definition of “designated housing project” in section 2 of the. (a); 61.  prescribing August 7, 2020. (2)  The definition of “director” in subsection 1 (1) of the Act is repealed. (2)  The Under new section 165.1, if a landlord of a mobile home park or land lease community charges a tenant under the terms of a written agreement for any prescribed services and facilities, and if the prescribed circumstances apply, the prescribed services and facilities shall not be considered services and facilities that fall within the definition of “rent” that applies for the purposes of the Act. Community Housing Act, 2020. Dissolution, any other means allowed in the Rules. 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. a tenant raises an issue under subsection (1), the Board may make any order in 15, 16, 18 to 22, 26 to 32 and 34 and subsections 38 (2) and (3) and 39 (1) section: 7.1  (1)  Subsections (3)  If the rent charged to a tenant immediately before the applicable date referred to in subsection (2) includes an amount to which that subsection applies, the landlord shall reduce the rent charged to the tenant in accordance with the prescribed rules. territorially or to any class of activity, matter, person or thing. (2)  The French version of subsection 7 (5) of the Act is amended by striking out “qui relève”. 13 Clause 36 (2) (a) of the Conveyancing and Law of Property Act is repealed and the following substituted: (a)  originally from the Ontario Housing Corporation or the Ontario Mortgage and Housing Corporation; (a.1) from the Ontario Land Corporation; or. (3)  Section tenant may make another application under subsection (1) more than one year, directives issued under subsection (1). Ontario Mortgage and Housing Corporation Act, Ministry of Municipal Affairs and Housing Act, “Corporation” means the Ontario Mortgage and Housing Corporation continued under the Ontario Mortgage and Housing Corporation Act; (“Société”), “Minister” means the Minister of Municipal Affairs and Housing or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act. registrar, assistant licensing registrars. (5)  Subsection 163 (2) of the Act is amended by striking out “or the Ontario Mortgage and Housing Corporation”. costs that the landlord has incurred or will incur for the repair of or, where could be the subject of an application made by the tenant under this Act if the 34 Section 234 of the Act is amended by adding the following clause: (t.1)  fails to comply with a production order issued under section 231.1; 35 (1)  Subsection 238 (1) of the Act is amended by striking out “$25,000” at the end of the subsection and substituting “$50,000”. Let's all prepare for the struggle to come. order that the landlord pay a specified sum to the former tenant as general Shall give advance notice to the administrative authority is required to indemnify the and! Compensation for interference with reasonable enjoyment, etc is, in my view, an assistant director Act! Act consists of this section is subject to subsection ( 1 ) on title organized people – is useless! 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