Residential Tenancies Act

Residential Tenancies Act, 1996

Purposes of Act

1. The purposes of this Act are to provide protection for residential tenants from unlawful rent increases and unlawful evictions, to establish a framework for the regulation of residential rents, to balance the rights and responsibilities of residential landlords and tenants and to provide for the adjudication of disputes and for other processes to informally resolve

“Landlord” includes,

1. the owner of a rental unit or any other person who permits occupancy of a rental unit, other than a tenant who occupies a rental unit in a residential complex and who permits another person to also occupy the unit or any part of the unit,
2. the heirs, assigns, personal representatives and successors in title of a person referred to in clause (a), and
3. a person, other than a tenant occupying a rental unit in a residential complex, who is entitled to possession of the residential complex and who attempts to enforce any of the rights of a landlord under a tenancy agreement or this Act, including the right to collect rent;

Tenancy agreement means a written, oral or implied agreement between a tenant and a landlord for occupancy of a rental unit and includes a licence to occupy a rental unit;

Utilities  means  heat,  electricity  and  water;  “vital  service”  means  hot  or  cold  water,  fuel, electricity, gas or, during the part of each year prescribed by the regulations, heat.

Interpretation, sublet

1. For the purposes of this Act, a reference to subletting a rental unit refers to the situation in which,
   1. the tenant vacates the rental unit;
   2. the tenant gives one or more other persons the right to occupy the rental unit for a term ending on a specified date before the end of the tenant’s term or period; and
   3. the tenant has the right to resume occupancy of the rental unit after that specified

As a security guard, you might encounter situations related to rental properties. Here’s a simple explanation of “subletting a rental unit” and its implications for your understanding:

Subletting a Rental Unit: A Simple Explanation for a Security Guard

Scenario:

• Imagine you are providing security for a residential building.

Explanation:

• Subletting Defined:
  • Subletting means when the person renting a place (the tenant) decides to temporarily leave that place.
• Key Conditions:
  • 1. Tenant Vacates:
    • The tenant moves out of the rental unit. They won’t be staying there for a specific period.
  • 2. Giving Rights to Others:
    • The tenant allows one or more other people to live in the rental unit for a certain period, and this period ends before the tenant’s original rental agreement concludes.
  • 3. Right to Return:
    • Importantly, the tenant still has the right to come back and live in the rental unit after the specified period during which others were allowed to stay.

Security Guard’s Perspective:

• If you’re a security guard for the building, this situation might mean there are new individuals occupying the rental unit temporarily. Your role may involve monitoring and ensuring the security of these individuals and the property. You might need to be aware of such arrangements to maintain a safe and secure environment within the building.

Summary: Understanding subletting helps you, as a security guard, be aware of changes in occupancy within the building. It’s about the tenant temporarily allowing others to live in their place while retaining the right to return. This knowledge is essential for maintaining a secure living environment for all residents.

Interpretation, abandoned

1. For the purposes of this Act, a tenant has not abandoned a rental unit if the tenant is not in arrears of

5. This Act does not apply with respect to,

1. living accommodation intended to be provided to the travelling or vacationing public or occupied for a seasonal or temporary period in a hotel, motel or motor hotel, resort, lodge, tourist camp, cottage or cabin establishment, inn, campground, trailer park, tourist home, bed and breakfast vacation establishment or vacation home;
2. living accommodation whose occupancy is conditional upon the occupant continuing to be employed on a farm, whether or not the accommodation is located on that farm;
3. living accommodation that is a member unit of a non-profit housing co-operative;

(e) living accommodation that is subject to the Public Hospitals Act, the Private Hospitals Act, the Community Psychiatric Hospitals Act, the Mental Hospitals Act, the Homes for the Aged and Rest Homes Act, the Nursing Homes Act, the Ministry of Correctional Services Act, the Charitable Institutions Act or the Child and Family Services Act or is listed in Schedule 1 to Regulation 272 of the Revised Regulations of Ontario, 1990 made under the Developmental Services Act;

Explanation for a Security Guard: Understanding Rental Unit Abandonment and Exemptions

As a security guard, it’s crucial to comprehend certain aspects of rental laws. Let’s break down these terms:

1. Tenant Not Abandoned:

• Scenario: You’re monitoring a residential property.
• Explanation: If a tenant temporarily leaves but is not behind on rent payments, it doesn’t mean they’ve abandoned the rental unit. Your awareness of these situations is vital for security purposes, ensuring you’re not mistaken in thinking a unit is vacant.

2. Act Exemptions:

• Scenario: You’re working in various residential or accommodation settings.
• Explanation: The rental laws outlined in this Act may not apply to certain types of living arrangements. This includes places like hotels, motels, seasonal accommodations, farm employee housing, non-profit housing co-operatives, and specific healthcare-related facilities. In these cases, different regulations or Acts govern the tenancy arrangements.

Security Guard’s Perspective:

• Knowing when a tenant has not abandoned a unit helps prevent misunderstandings and ensures you’re vigilant without assuming vacancy incorrectly.
• Understanding exemptions is crucial because certain types of accommodations follow different rules. For example, you might be dealing with short-term guests in a hotel, residents tied to farm employment, or individuals in healthcare facilities. Your role is to adapt your security measures accordingly.

Summary: Being aware of tenant rights regarding abandonment and recognizing exemptions helps you, as a security guard, perform your duties accurately. It ensures a balance between maintaining security and respecting the diverse nature of living arrangements within your jurisdiction.

PART II TENANCY AGREEMENTS

Information to be provided by landlord

11. (1) if a tenancy agreement is entered into, the landlord shall provide to the tenant information relating to the rights and responsibilities of landlords and tenants, the role of the Board and how to contact the Board.

Failure to comply

1. Until a landlord has complied with subsections (1) and (2), or with subsection (3), as the case may be,
   1. the tenant’s obligation to pay rent is suspended; and
   2. The landlord shall not require the tenant to pay

Actual entry not required

(2) A tenancy agreement takes effect when the tenant is entitled to occupy the rental unit, whether or not the tenant actually occupies it.

“No pet” provisions void

14. A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void.

21. (1)  A landlord shall not at any time during a tenant’s occupancy of a rental unit and before the day on which an order evicting the tenant is executed, withhold the reasonable supply of any vital service, care service or food that it is the landlord’s obligation to supply under the tenancy agreement or deliberately interfere with the reasonable supply of any vital service, care service or

22. A landlord shall not at any time during a tenant’s occupancy of a rental unit and before the day on which an order evicting the tenant is executed substantially interfere with the reasonable enjoyment of the rental unit or the residential complex in which it is located for all usual purposes by a tenant or members of his or her household.

Explanation for a Security Guard: Tenant Rights Regarding Animals and Essential Services

1. Void Animal Prohibition:

• Scenario: You’re overseeing security in a residential complex.
• Explanation: If there’s a rule in the tenancy agreement saying tenants can’t have pets, that rule is not valid. As a security guard, you need to be aware that tenants may have animals, and such a prohibition is not legally enforceable.

2. Essential Services and Interference:

• Scenario: You’re ensuring security in a residential complex.
• Explanation: The landlord must provide essential services (like water, electricity) and not deliberately disrupt them. Also, the landlord should not significantly disturb a tenant’s reasonable enjoyment of the unit or the whole residential complex. Your role is to observe and report any interference that may affect tenants’ living conditions.

Security Guard’s Perspective:

• Understanding that pet prohibitions are void means you shouldn’t enforce such rules or treat tenants differently based on pet ownership.
• Observing any deliberate interference with essential services or substantial disruption to a tenant’s enjoyment is crucial. Report any such issues promptly.

Summary: As a security guard, your responsibility includes being aware of tenant rights. Pets cannot be prohibited outright, and landlords must provide essential services while refraining from disrupting tenants’ reasonable enjoyment. Your role involves being vigilant about any potential violations of these rights and reporting them for appropriate action.

Landlord not to harass, etc.

23. A landlord shall not harass, obstruct, coerce, threaten or interfere with a tenant

Changing locks

24. A landlord shall not alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the tenant’s occupancy of the rental unit without giving the tenant replacement keys

Explanation for a Security Guard: Tenant Security and Locks

Scenario: You’re on duty as a security guard at a residential complex.

Explanation:

• Tenant’s Door Locks:
  • Scenario: Imagine a tenant’s door lock needs to be changed.
  • Explanation: The landlord can’t change or mess with the locks on a tenant’s door while the tenant is living there without giving the tenant new keys.

Security Guard’s Perspective:

• Observation:
  • Be alert to any maintenance or changes to locks by maintenance personnel.
  • Report any situations where a lock replacement occurs without the tenant receiving new keys.
• Ensuring Tenant Security:
  • Understand that a tenant’s security is important, and their privacy should be respected.
  • Notify the management or relevant authorities if you observe any unauthorized changes to locks.

Summary: As a security guard, your role involves safeguarding the security and privacy of tenants. If you notice any changes to door locks in the residential complex, especially without replacement keys given to the tenant, it’s crucial to report it promptly. This ensures that the tenant’s living space remains secure and in accordance with their rights.

Entry without notice, emergency, consent

26. (1) A landlord may enter a rental unit at any time without written notice,

1.In cases of emergency; or

2. If the tenant consents to the entry at the time of entry

1. A landlord may enter a rental unit without written notice to clean it if the tenancy agreement requires the landlord to clean the rental unit at regular intervals and,
   1. The landlord enters the unit at the times specified in the tenancy agreement; or
   2. If no times are specified, the landlord enters the unit between the hours of 8 m. and 8 p.m.

Explanation for a Security Guard: Landlord’s Entry without Notice

Scenario: You’re on duty as a security guard at a residential complex.

Explanation:

• Landlord’s Right to Enter:
  • Scenario: Picture a situation where a landlord needs to enter a tenant’s unit.
  • Explanation: A landlord can enter a rental unit without giving written notice under two conditions:
    1. In emergencies.
    2. If the tenant agrees at the time of entry.
• Cleaning without Notice:
  • Scenario: Imagine the landlord needs to clean a rental unit.
  • Explanation: If the tenancy agreement requires regular cleaning, the landlord can enter without notice. The entry must be during specified times in the agreement or, if not specified, between 8 a.m. and 8 p.m.

Security Guard’s Perspective:

• Emergency Situations:
  • Be aware that landlords might need immediate access in emergency situations.
  • Ensure that during emergencies, landlord access is swift and doesn’t pose risks to anyone’s safety.
• Agreed Entry:
  • If a tenant allows entry at the time, observe and ensure there’s mutual understanding.
  • Report any disagreements or concerns related to entry with tenant consent.
• Scheduled Cleaning:
  • During cleaning hours, monitor and ensure that the process follows the specified times or falls within the 8 a.m. to 8 p.m. window.
  • Report any unusual or unauthorized entry for cleaning.

Summary: As a security guard, you play a role in maintaining a secure and respectful living environment. Understanding and monitoring the conditions under which a landlord can enter a rental unit ensures that the rights and privacy of tenants are respected. Always report any concerns or deviations from agreed-upon entry conditions.

Entry to show rental unit to prospective tenants

1. A landlord may enter the rental unit without written notice to show the unit to prospective tenants if,
   1. The landlord and tenant have agreed that the tenancy will be terminated or one of them has given notice of termination to the other;
   2. The landlord enters the unit between the hours of 8 m. and 8 p.m.; and
   3. Before entering, the landlord informs or makes a reasonable effort to inform the tenant of the intention to do so

Explanation for a Security Guard: Landlord Showing Unit to Prospective Tenants

Scenario: You’re on duty as a security guard at a residential complex.

Explanation:

• Showing the Unit to Prospective Tenants:
  • Scenario: Imagine a landlord needs to show a rental unit to potential new tenants.
  • Explanation: A landlord can enter a rental unit without written notice for this purpose under the following conditions:
• Agreement on Tenancy Termination:
  • Scenario: Picture a situation where the tenant and landlord have agreed to end the tenancy, or one of them has given notice to terminate.
  • Explanation: The landlord can enter if there’s an agreement to end the tenancy or if termination notice has been given.
• Time Restrictions:
  • Scenario: Consider the time of day for entering the unit.
  • Explanation: The landlord can only enter between 8 a.m. and 8 p.m. to show the unit.
• Informing the Tenant:
  • Scenario: Imagine the landlord getting ready to show the unit.
  • Explanation: Before entering, the landlord must inform or make a reasonable effort to inform the tenant about the intention to show the unit.

Security Guard’s Perspective:

• Verification of Agreement:
  • Ensure that there’s a valid agreement or termination notice before allowing entry for showcasing the unit.
  • Verify the agreement details if needed.
• Time Management:
  • Monitor entries to ensure they occur within the specified time frame (8 a.m. to 8 p.m.).
  • Report any entries outside of the agreed-upon time.
• Communication with Tenant:
  • Confirm that the landlord has informed or made a reasonable effort to inform the tenant before entering.
  • Report any instances where proper communication has not occurred.

Summary: As a security guard, you play a crucial role in ensuring that the entry to rental units aligns with the agreed-upon conditions and respects the privacy and rights of tenants. Always be vigilant about the details of agreements, timing, and communication between landlords and tenants. Report any deviations or concerns promptly.

Entry with notice

27. (1) A landlord may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry under the following circumstances:

28. To carry out a repair or replacement or do work in the rental unit

29. To allow a potential mortgagee or insurer of the residential complex to view the rental unit

30. To allow a person who holds a certificate of authorization within the meaning of the Professional Engineers Act or a certificate of practice within the meaning of the Architects Act or another qualified person to make a physical inspection of the rental unit to satisfy a requirement imposed under subsection 9 (4) of the Condominium Act,

31. To carry out an inspection of the rental unit, if,

1. the inspection is for the purpose of determining whether or not the rental unit is in a good state of repair and fit for habitation and complies with health, safety, housing and maintenance standards, consistent with the landlord’s obligations under subsection 20 (1) or section 161, and
2. It is reasonable to carry out the inspection

32. for any other reasonable reason for entry specified in the tenancy agreement

33. No landlord shall restrict reasonable access to a residential complex by candidates for election to any office at the federal, provincial or municipal level, or their authorized representatives, if they are seeking access for the purpose of canvassing or distributing election material

34. (1) a tenant or former tenant of a rental unit may apply to the Board for any of the following orders:

35. An order determining that the landlord has breached an obligation under subsection 20 (1) or section 161

36. An order determining that the landlord, superintendent or agent of the landlord has withheld the reasonable supply of any vital service, care service or food that it is the landlord’s obligation to supply under the tenancy agreement or deliberately interfered with the reasonable supply of any vital service, care service or food

37. An order determining that the landlord, superintendent or agent of the landlord has substantially interfered with the reasonable enjoyment of the rental unit or residential complex for all usual purposes by the tenant or a member of his or her household.

38. An order determining that the landlord, superintendent or agent of the landlord has harassed, obstructed, coerced, threatened or interfered with the tenant during the tenant’s occupancy of the rental unit

39. An order determining that the landlord, superintendent or agent of the landlord has altered the locking system on a door giving entry to the rental unit or the residential complex or caused the locking system to be altered during the tenant’s occupancy of the rental unit without giving the tenant replacement keys

40. An order determining that the landlord, superintendent or agent of the landlord has illegally entered the rental unit

41. A tenant shall not harass, obstruct, coerce, threaten or interfere with a landlord.

42. No landlord shall, without legal process, seize a tenant’s property for default in the payment of rent or for the breach of any other obligation of the tenant.

43. (1) A landlord may dispose of property in a rental unit that  a  tenant  has abandoned and property of persons occupying the rental unit that is in the residential complex in which the rental unit is located in accordance with subsections (2) and (3) if,

1. The landlord obtains an order terminating the tenancy under section 79; or
2. The landlord gives notice to the tenant of the rental unit and to the Board of the landlord’s intention to dispose of the property

(2) If the tenant has abandoned the rental unit, the landlord may dispose of any unsafe or unhygienic items immediately.

Explanation for a Security Guard: Landlord’s Entry and Tenant’s Rights

Scenario: You’re on duty as a security guard at a residential complex.

Explanation:

1. Landlord’s Right to Enter:
   • Scenario: Picture a landlord needing to enter a rental unit.
   • Explanation: The landlord can do so under specific circumstances by providing at least 24 hours’ written notice to the tenant. The reasons include:
     • Carrying out repairs or replacements.
     • Allowing a potential mortgagee or insurer to view the unit.
     • Permitting a qualified person to inspect the unit.
     • Conducting an inspection to ensure the unit’s good condition.
     • Any other reasonable reason specified in the tenancy agreement.
2. Access for Election Canvassing:
   • Scenario: Imagine election candidates seeking access.
   • Explanation: Landlords must not restrict reasonable access for election candidates or their representatives who want to canvass or distribute election material.
3. Tenant’s Rights and Board Application:
   • Scenario: Consider a tenant facing issues.
   • Explanation: A tenant can apply to the Board for various orders, including those:
     • Determining landlord breaches (e.g., obligations, interference).
     • Addressing harassment or illegal entry.
     • Prohibiting landlords from seizing a tenant’s property without legal process.
4. Landlord’s Disposal of Abandoned Property:
   • Scenario: Think of a tenant abandoning the unit.
   • Explanation: If a landlord obtains an order terminating the tenancy or gives notice to the tenant and the Board, they can dispose of abandoned property. Unsafe or unhygienic items may be disposed of immediately.
5. Tenant Responsibilities:
   • Scenario: Envision a tenant’s behavior causing issues.
   • Explanation: Tenants should not harass, obstruct, threaten, or interfere with landlords. Harassment by tenants is not allowed.

Security Guard’s Perspective:

• Notice Verification:
  • Verify that any entry by the landlord is preceded by the required 24-hour written notice.
  • Report any instances of unauthorized or improperly noticed entries.
• Election Access Monitoring:
  • Ensure that candidates or their representatives have reasonable access for canvassing during elections.
  • Report any attempts to restrict access for election purposes.
• Tenant-Related Disputes:
  • Stay vigilant for potential disputes between landlords and tenants.
  • Report any signs of harassment, illegal entry, or property seizure without legal process.
• Abandoned Property Protocols:
  • Monitor and report if the landlord follows proper protocols when disposing of abandoned property.
  • Ensure immediate disposal of unsafe or unhygienic items when the tenant abandons the unit.

As a security guard, your role involves ensuring the safety, privacy, and adherence to regulations within the residential complex. Prompt reporting of any violations or concerns is crucial.

Termination for cause, damage

62. (1) A landlord may give a tenant notice of termination of the tenancy if the tenant, another occupant of the rental unit or a person whom the tenant permits in the residential complex wilfully or negligently causes undue damage to the rental unit or the residential complex.

64. (1) A landlord may give a tenant notice of termination of the tenancy if the conduct of the tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant is such that it substantially interferes with the reasonable enjoyment of the residential complex for all usual purposes by the landlord or another tenant or substantially interferes with another lawful right, privilege or interest of the landlord or another tenant.

89. (1) A landlord may apply to the Board for an order requiring a tenant to pay reasonable costs that the landlord has incurred or will incur for the repair of or, where repairing is not reasonable, the replacement of damaged property, if the tenant, another occupant of the rental unit or a person whom the tenant permits in the residential complex wilfully or negligently causes undue damage to the rental unit or the residential complex and the tenant is in possession of the rental unit. n 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. 2020, c. 16, Sched. 4, s. 21 (1).

91. (1) If a tenant of a rental unit dies and there are no other tenants of the rental unit, the tenancy shall be deemed to be terminated 30 days after the death of the tenant.

(2) The landlord shall, until the tenancy is terminated under subsection (1), (a) preserve any property of a tenant who has died that is in the rental unit or the residential complex other than property that is unsafe or unhygienic; and

(b) Afford the executor or administrator of the tenant’s estate, or if there is no executor or administrator, a member of the tenant’s family reasonable access to the rental  unit and the residential complex for the purpose of removing the tenant’s property.

Explanation for a Security Guard: Landlord’s Termination Notice and Tenant Responsibilities

Scenario: You’re a security guard overseeing a residential complex.

Explanation:

1. Termination Due to Damage:
   • Scenario: Imagine a tenant or their guests causing damage.
   • Explanation: The landlord can give notice to terminate the tenancy if the tenant, occupants, or permitted guests willfully or negligently cause significant damage to the rental unit or the residential complex.
2. Termination Due to Conduct Interference:
   • Scenario: Picture disruptive behavior affecting others.
   • Explanation: The landlord can issue a termination notice if the tenant’s conduct or that of their guests substantially interferes with the reasonable enjoyment of the residential complex by others or violates their rights.
3. Cost Recovery for Damages:
   • Scenario: Tenant-caused damages requiring repairs.
   • Explanation: The landlord can apply to the Board for an order requiring the tenant to pay reasonable costs for repairing or replacing damaged property caused willfully or negligently. This applies even if the tenant is no longer in possession but ceased to be in possession on or after a specific date.
4. Deceased Tenant’s Tenancy:
   • Scenario: Tenant’s death and the impact on the tenancy.
   • Explanation: If a tenant dies without other occupants, the tenancy is deemed terminated 30 days after their death. The landlord must preserve the tenant’s property in the unit (except unsafe or unhygienic items) until termination. The executor, administrator, or a family member is granted reasonable access to remove the tenant’s property.

Security Guard’s Perspective:

• Damage Assessment:
  • Be vigilant for any willful or negligent damage within the residential complex.
  • Report incidents where tenant conduct or guests cause significant harm to property.
• Disruptive Behavior Monitoring:
  • Keep an eye out for disruptive behavior that interferes with others’ enjoyment of the complex.
  • Report instances where tenant conduct substantially interferes with the rights or enjoyment of others.
• Cost Recovery Procedures:
  • Be aware of any ongoing or past situations where the landlord seeks cost recovery for damages.
  • Report any related disputes or conflicts within the residential complex.
• Deceased Tenant Protocols:
  • Stay informed about any tenant deaths and the subsequent termination of their tenancy.
  • Monitor the preservation of the deceased tenant’s property and ensure authorized individuals have reasonable access for removal.

As a security guard, your role involves maintaining order and security within the residential complex, which includes monitoring and reporting any incidents related to property damage, disruptive behavior, or adherence to termination procedures.

THE LANDLORD AND TENANT BOARD

168. (1) The Ontario Rental Housing Tribunal is continued under the name Landlord and Tenant Board in English and Commission de la location immobilière in French.  2006, c. 17, s. 168 (1).

The Board has authority to hear and determine all questions of law and fact with respect to all matters within its jurisdiction under this Act.

Explanation for a Security Guard: Landlord and Tenant Board

Scenario: You’re a security guard in a residential complex.

Explanation:

1. Board Continuation:
   • Scenario: Imagine discussing the authority overseeing landlord and tenant matters.
   • Explanation: The Ontario Rental Housing Tribunal now goes by the name Landlord and Tenant Board in English and Commission de la location immobilière in French, continuing its role.
2. Board’s Authority:
   • Scenario: Picture a legal body handling issues between landlords and tenants.
   • Explanation: The Board has the power to listen to and decide on all legal and factual questions related to matters falling under its jurisdiction as outlined in this Act.

Security Guard’s Perspective:

• Informing Residents:
  • Share the updated name of the tribunal (Landlord and Tenant Board) with residents for clarity.
  • If residents have concerns related to landlord-tenant matters, direct them to the Board.
• Assisting with Documentation:
  • If needed, assist residents in understanding and preparing any documentation related to issues under the jurisdiction of the Landlord and Tenant Board.
• Maintaining Order:
  • Be prepared for any disputes or disagreements related to landlord-tenant matters within the residential complex.
  • Ensure a safe and secure environment while residents navigate any issues they may have.
• Coordinating with Authorities:
  • If there are situations requiring the involvement of the Landlord and Tenant Board, communicate with relevant authorities to ensure a smooth process.
  • Report any disturbances or conflicts that may escalate to legal matters.

In your role as a security guard, you play a vital part in fostering a secure environment within the residential complex. Being aware of the Landlord and Tenant Board’s authority and assisting residents appropriately contributes to the overall well-being of the community.

BOARD PROCEEDINGS

187. (1) The parties to an application are the landlord, or the non-profit housing co-operative, and any tenants, or members of the non-profit housing co-operative, or other persons directly affected by the application. 2013, c. 3, s. 41.

207. (1) The Board may, where it otherwise has the jurisdiction, order the payment to any given person of an amount of money up to the greater of $10,000 and the monetary jurisdiction of the Small Claims Court.

Explanation for a Security Guard: Landlord and Tenant Board’s Jurisdiction

Scenario: You’re a security guard in a residential complex, and residents are discussing issues related to the landlord or housing co-operative.

Explanation:

1. Parties to an Application:
   • Scenario: Residents in the complex are dealing with problems involving the landlord or housing co-operative.
   • Explanation: The key players involved in any official request or complaint (application) are the landlord (or non-profit housing co-operative) and the tenants (or members of the co-operative) directly affected by the issue.
2. Board’s Monetary Orders:
   • Scenario: Residents are curious about potential financial resolutions for their problems.
   • Explanation: The Board, if it has the authority to address the issue, can order the payment of a sum of money to an individual. The amount can be up to $10,000 or the monetary jurisdiction of the Small Claims Court, whichever is greater.

Security Guard’s Perspective:

• Providing Information:
  • Inform residents that, in case of disputes, they can involve the Landlord and Tenant Board.
  • Explain that parties involved in the application include the landlord, tenants, or others directly impacted.
• Encouraging Communication:
  • If residents face issues, suggest they communicate their concerns formally through the Board.
  • Emphasize that the Board has the authority to order financial compensation if it’s within their jurisdiction.
• Maintaining Order during Disputes:
  • Be aware that conflicts may arise between landlords and tenants.
  • If disputes escalate, your role involves ensuring a safe environment and, if necessary, alerting relevant authorities.
• Assisting Residents:
  • Help residents understand the process of filing an application with the Board.
  • Offer support to individuals dealing with housing-related problems, guiding them on the appropriate steps to take.

In your capacity as a security guard, your role involves not only maintaining the physical security of the residential complex but also being a source of information and assistance for residents facing housing-related challenges.

ADMINISTRATION AND ENFORCEMENT

228. The Minister may in writing delegate to any person any power or duty vested in the Minister under this Act, subject to the conditions set out in the  delegation.  2006, c. 17, s. 228.

229. The Minister may appoint investigators for the purpose of investigating alleged offences under this Act, other than alleged offences described in clause 226.2 (b). 2016, c. 25, Sched. 5, s. 8.

230. (1) Subject to subsection (6), an inspector appointed by a local municipality under section 226.1 may, at all reasonable times and upon producing proper identification, enter any property for the purpose of carrying out his or her duty under Part XIV and may,

Explanation for a Security Guard: Minister’s Delegation and Inspectors

Scenario: You’re a security guard in a facility, and there are discussions about powers delegated to individuals and the role of inspectors.

Explanation:

1. Minister’s Delegation (Section 228):
   • Scenario: People are curious about who has the authority under this Act.
   • Explanation: The Minister, who oversees matters related to the Act, can give some of their powers or duties to another person. This person will then act on behalf of the Minister, but there are specific conditions that must be followed as outlined in the delegation.
2. Appointment of Investigators (Section 229):
   • Scenario: Residents or staff are wondering about dealing with potential offenses under the Act.
   • Explanation: The Minister can appoint investigators to look into alleged offenses under the Act. However, this doesn’t include offenses described in a specific clause (226.2 (b)).
3. Inspectors’ Authority (Section 230):
   • Scenario: Questions arise regarding the entry of inspectors onto the property.
   • Explanation: Inspectors appointed by a local municipality, under a specific section (226.1), have the authority to enter any property at reasonable times. They must show proper identification. Their purpose is to carry out their duties outlined in Part XIV of the Act.

Security Guard’s Perspective:

• Informing Residents/Staff:
  • Explain that certain powers and duties from the Minister can be given to others for specific tasks under the Act.
  • Make residents and staff aware that investigators can be appointed to look into alleged offenses.
• Cooperation with Inspectors:
  • Inform residents and staff that inspectors, with proper identification, may enter the property as part of their duties.
  • Emphasize the importance of cooperation with inspectors and following their instructions.
• Maintaining Order:
  • In case inspectors are on the property, your role involves ensuring a smooth process.
  • Assist in facilitating their entry while maintaining security and order within the facility.

As a security guard, you play a crucial role in ensuring that residents and staff understand the legal processes outlined in the Act, and you assist in maintaining a secure and orderly environment during any official inspections.

 OFFENCES

233. A person is guilty of an offence if the person knowingly,

1. Withholds the reasonable supply of a vital service, care service or food or interferes with the supply in contravention of section 21;
2. Alters or causes to be altered the locking system on any door giving entry to a rental unit or the residential complex in a manner that contravenes section 24 or 35;
3. Restricts reasonable access to the residential complex by political candidates or their authorized representatives in contravention of section 28;
4. Seizes any property of the tenant in contravention of section 40;
5.  provides false or misleading information in connection with the giving of a notice under subsection 47.1 (1) or 47.2 (1);
6. (e)  fails to afford a tenant a right of first refusal in contravention of section 51 or 53;
7. (f)  recovers possession of a rental unit without complying with the requirements of section 48.1, 49.1, 52, 54 or 55;
8. (g)  coerces a tenant to sign an agreement referred to in section 121;
9. (h)  harasses, hinders, obstructs or interferes with a tenant in the exercise of,
10. (i)  securing a right or seeking relief under this Act or in a court,
11. (ii)  participating in a proceeding under this Act, or
12. (iii)  participating in a tenants’ association or attempting to organize a tenants’ association;
13. (i)  harasses, coerces, threatens or interferes with a tenant in such a manner that the tenant is induced to vacate the rental unit;
14. (j)  harasses, hinders, obstructs or interferes with a landlord in the exercise of,
15. (i)  securing a right or seeking relief under this Act or in a court, or
16. (ii)  participating in a proceeding under this Act;
17. (k)  obtains possession of a rental unit improperly by giving a notice to terminate in bad faith; or
18. (l)  coerces a tenant of a mobile home park or land lease community to enter into an agency agreement for the sale or lease of their mobile home or land lease home or requires an agency agreement as a condition of entering into a tenancy agreement.  2006, c. 17, s. 233; 2016, c. 2, Sched. 6, s. 2; 2017, c. 13, s. 28; 2020, c. 16, Sched. 4, s. 33.

234. A person is guilty of an offence if the person,

(a)  enters a rental unit where such entry is not permitted by section 26, 27 or 142 or enters without first complying with the requirements of section 26, 27 or 142;

(b)  fails to make an evicted tenant’s property available for retrieval in accordance with subsection 41 (3);

(b.1)  contravenes subsection 47.4 (1);

(c)  gives a notice to terminate a tenancy under section 48 or 49 in contravention of section 51;

(d)  requires or receives a security deposit from a tenant contrary to section 105;

(e)  fails to pay to the tenant annually interest on the rent deposit held in respect of their tenancy in accordance with section 106;

(f)  fails to apply the rent deposit held in respect of a tenancy to the rent for the last month of the tenancy in contravention of subsection 106 (10);

(g)  fails to repay an amount received as a rent deposit as required by subsection 107 (1) or (2);

(h)  fails to provide a tenant or former tenant with a receipt in accordance with section 109;

(i)  fails to provide the notice in the form required under section 114 or gives false information in the notice;

(j)  requires a tenant to pay rent proposed in an application in contravention of subsection 126 (5);

(k)  fails to provide information on the total cost of utilities in accordance with subsection 128 (2);

(l)  charges or collects amounts from a tenant, a prospective tenant, a former tenant, a subtenant, a potential subtenant, an assignee or a potential assignee in contravention of section 134;

(l.1)  terminates the obligation to supply electricity without the tenant’s consent in contravention of subsection 137 (3);

(l.2)  charges a tenant a portion of the cost of the utility without the consent of the tenant in contravention of subsection 138 (1);

  (m)  gives a notice of rent increase or a notice of increase of a charge in a care home without first giving an information package contrary to section 140;

(n)  does anything to prevent a tenant of a care home from obtaining care services from a person of the tenant’s choice contrary to clause 147 (a);

(o)  interferes with the provision of care services to a tenant of a care home contrary to clause 147 (b);

(p)  increases a charge for providing a care service or meals to a tenant in a care home in contravention of section 150;

(q)  interferes with a tenant’s right under section 156 to sell or lease his or her mobile home;

(r)  restricts the right of a tenant of a mobile home park or land lease community to purchase goods or services from the person of his or her choice in contravention of section 160;

(s)  charges an illegal contingency fee in contravention of subsection 214 (1);

(t)  fails to comply with any or all of the items contained in a work order issued under section 225;

(t.1)  fails to comply with a production order issued under section 231.1;

(u)  obstructs or interferes with an inspector exercising a power of entry under section 230 or 231 or with an investigator exercising a power of entry under section 231;

(v)  furnishes false or misleading information in any material filed in any proceeding under this Act or provided to the Board, an employee in the Board, an official of the Board, an inspector, an investigator, the Minister or a designate of the Minister;

(w)  unlawfully recovers possession of a rental unit;

(x)  charges rent in an amount greater than permitted under this Act; or

(y)  contravenes an order of the Board that,

(i)  orders a landlord to do specified repairs or replacementsor other work within a specified time,

(ii)  orders that a landlord, a superintendent or an agent of a landlord may not engage in any further activities listed in paragraphs 2 to 6 of subsection 29 (1) against any of the tenants in a residential complex, or

(iii)  orders a landlord not to breach an obligation under subsection 41 (2) or (3) again.  2006, c. 17, s. 234; 2009, c. 33, Sched. 21, s. 11 (9); 2010, c. 8, s. 39 (2); 2013, c. 3, s. 54; 2016, c. 2, Sched. 6, s. 3; 2017, c. 13, s. 29; 2020, c. 16, Sched. 4, s. 34.

Explanation for a Security Guard: Offenses under the Act

Scenario: As a security guard, you want to understand and explain the offenses outlined in the Act to residents and staff.

Explanation:

1. Offenses Involving Tenant Services and Property (Section 233):
   • Scenario: Residents are curious about actions considered offenses.
   • Explanation: A person can be guilty of an offense if they knowingly:
     • Withhold vital services or interfere with their supply.
     • Alter door locks improperly.
     • Restrict political access.
     • Seize a tenant’s property.
     • Provide false information regarding notices.
     • Fail to afford a tenant a right of first refusal.
     • Coerce a tenant to sign an agreement.
     • Harass or interfere with a tenant’s rights.
     • Coerce a tenant to vacate.
     • Harass or interfere with a landlord’s rights.
     • Illegally enter or damage a rental unit.
     • Engage in other specified offenses.
2. Offenses Relating to Rental Unit Management (Section 234):
   • Scenario: Questions arise about offenses related to managing rental units.
   • Explanation: A person can be guilty of an offense if they:
     • Illegally enter a rental unit.
     • Fail to make evicted tenant’s property available.
     • Contravene various sections, including those related to rent increase notices, security deposits, care home services, mobile homes, illegal fees, and more.
     • Obstruct or interfere with inspectors or investigators.
     • Furnish false information in proceedings.
     • Unlawfully recover possession.
     • Charge excessive rent.
     • Contravene orders issued by the Board.

Security Guard’s Perspective:

• Informing Residents/Staff:
  • Emphasize the importance of complying with the Act to avoid legal consequences.
  • Explain that certain actions, like unlawfully seizing property or entering units without permission, are offenses.
• Maintaining Order:
  • Ensure residents are aware of their rights and obligations.
  • Encourage a safe and respectful environment within the residential complex.
• Cooperation with Authorities:
  • If investigators or inspectors are involved, assist in facilitating their duties.
  • Encourage residents to report any suspicious activities that might violate the Act.

As a security guard, your role involves promoting a secure and lawful environment within the residential complex. This includes educating residents about their responsibilities and cooperating with authorities to ensure compliance with the Act.

Section Amendments with date in force (d/m/y)

Penalties

(1) A person, other than a corporation, who is guilty of an offence under this Act is liable on conviction to a fine of not more than $50,000.  2006, c. 17, s. 238 (1); 2020, c. 16, Sched. 4, s. 35 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 238 (1) of the Act is amended by striking out “$50,000” and substituting “$100,000”. (See: 2023, c. 10, Sched. 7, s. 9 (1))

(2) A corporation that is guilty of an offence under this Act is liable on conviction to a fine of not more than $250,000.  2006, c. 17, s. 238 (2); 2020, c. 16, Sched. 4, s. 35 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 238 (2) of the Act is amended by striking out “$250,000” and substituting “$500,000”. (See: 2023, c. 10, Sched. 7, s. 9 (2))