Exemptions from Act
3. (1) This Act does not apply to, (a) accommodation provided to the travelling and vacationing public 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 farm vacation home; (b) living accommodation occupied as a vacation home for a seasonal or temporary period not exceeding four months; (c) 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; (d) living accommodation provided by a non-profit co-operative housing corporation to its members; (e) living accommodation occupied by a person for penal or correctional purposes; (e.1) living accommodation occupied by a person solely for the purpose of receiving rehabilitative or therapeutic services agreed upon by the person and the provider of the accommodation, where, (i) the parties have agreed that, (A) the period of occupancy will be of a specified duration, or (B) the occupancy will terminate when the objectives of the services have been met or will not be met, and (ii) the average length of the occupancy of the occupants of the building or structure in which the accommodation is located does not exceed six months or such lesser time period as the regulations made under this Act prescribe; (f) 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 Special Care Act, the Homes for the Aged and Rest Homes Act, the Homes for Retarded Persons Act, the Nursing Homes Act, the Ministry of Correctional Services Act, the Charitable Institutions Act, the Child and Family Services Act or the Developmental Services Act; (g) short term living accommodation provided as emergency shelter; (h) living accommodation provided by an educational institution to its students or staff where, (i) the living accommodation is provided primarily to persons under the age of majority, or (ii) all major questions related to the living accommodation are decided after consultation with a council or association representing the residents, unless the living accommodation has its own self-contained bathroom and kitchen facilities and is intended for year-round occupancy by full-time students or staff and members of their households; (i) living accommodation located in a building or project used in whole or in part for non-residential purposes if the occupancy of the living accommodation is conditional upon the occupant continuing to be an employee of or perform services related to a business or enterprise carried out in the building or project; (j) living accommodation whose occupant is required to share a bathroom or kitchen facility with the owner, the owner’s spouse, child or parent, or the spouse’s child or parent; (k) premises occupied for business or agricultural purposes with living accommodation attached if the occupancy for both purposes are under a single lease and the same person occupies the premises and the living accommodation. 1992, c. 11, s. 3 (1); 1994, c. 2, s. 9 (1, 2). Partial exemption (2) Sections 6, 7 and 8 (when increase permitted, notice of rent increase) are the only sections of this Act that apply to a rental unit described below other than a rental unit occupied by a tenant who pays rent in an amount geared-to-income due to public funding: 1. Subject to subsection (3), a rental unit located in a residential complex owned, operated or administered by or on behalf of the Ontario Housing Corporation, the Government of Canada or an agency of either of them. 2. A rental unit located in a non-profit housing project, which is financially assisted by the Government of Canada or Ontario, a municipality or a regional, district or metropolitan municipality or an agency of any of them. 3. A rental unit located in a non-profit co-operative housing project as defined in the National Housing Act (Canada). 4. A rental unit provided by a non-profit co-operative housing corporation to tenants who are not its members. Exception (3) This Act applies to a rental unit described in paragraph 1 of subsection (2) if the tenant occupying the rental unit pays rent to a landlord other than the Ontario Housing Corporation, the Government of Canada or an agency of either of them. Partial exemption (4) Sections 7 and 8 (notice of rent increase) are the only sections of this Act that apply to, (a) subject to subsection (5), a rental unit that is provided by an educational institution to a student or member of its staff and that is not exempt from this Act under clause (1) (h); (b) a rental unit located in a residential complex owned, operated or administered by a religious institution for a charitable use on a non-profit basis; (c) a rental unit described in paragraph 1, 2, 3 or 4 of subsection (2) where a tenant occupying the rental unit pays rent in an amount geared-to-income due to public funding. Exception (5) This Act applies in respect of a rent increase for rental units described in clause (4) (a) if there is a council or association representing the residents of those rental units and there has not been consultation with the council or association respecting the increase. Idem (6) This Act applies to a rental unit other than a rental unit described in paragraph 1, 2, 3 or 4 of subsection (2) where a tenant occupying the rental unit pays rent in an amount geared-to-income due to public funding but this Act does not apply to an increase in the amount geared-to-income paid by a tenant who is occupying such a rental unit. 1992, c. 11, s. 3 (2-6). Time limited exemption (7) Sections 6, 7, 7.1, 8, 9.1, 103, 107, 108 and 109 are the only sections of this Act that apply to a rental unit in a new residential complex during the period of five years commencing with the day the first rental unit in the residential complex is first rented if, (a) no residential unit in the residential complex is occupied before November 1, 1991; and (b) the landlord gives the tenant of the rental unit the notice described in subsection (7.1), (i) within ninety days following the day this subsection comes into force if, (A) the residential complex is a care home on November 23, 1993, and (B) the tenant is a tenant of the rental unit on the ninetieth day following the day this subsection comes into force, (ii) before entering into a tenancy agreement with the tenant, if subclause (i) does not apply. Form of notice (7.1) The notice shall be in the prescribed form and shall state that because of subsection (7) only sections 6, 7, 7.1, 8, 9.1, 103, 107, 108 and 109 will apply to the rental unit until the date set out in the notice. 1994, c. 2, s. 9 (3). Clarification (8) If a landlord fails to give the tenant of a rental unit referred to in subsection (7) the notice as required under clause (7) (b), this whole Act applies in respect of the rental unit from the commencement of the tenancy agreement with the tenant. Date (9) The date set out in the notice under subsection (7) shall be the date that is five years after the first rental unit in the residential complex is rented for the first time. When exemption lost (10) If a landlord fails to file a statement for a new residential complex under section 103 within the required time, subsection (7) will cease to apply to the residential complex on the day after the day on which that statement is required. 1992, c. 11, s. 3 (8-10). Transitional (11) Subsection (7) applies in respect of a tenancy agreement entered into before this section is proclaimed in force and in that case the notice under subclause (7) (b) (ii) given to the tenant is sufficient if it is in writing and sets out the fact that the rental unit will be exempt from this Act on its coming into force and the date on which that exemption will end. 1992, c. 11, s. 3 (11); 1994, c. 2, s. 9 (4).