Definitions
1. (1) In this Act, “care home” means a rental property or a part of a rental property that is occupied or intended to be occupied by persons for the purpose of receiving care services, whether or not receiving the services is the primary purpose of the occupancy; (“maison de soins”) “care services” means, (a) health care services, (b) rehabilitative or therapeutic services, or (c) services that provide assistance with activities of daily living; (“services en matière de soins”) “co-operative” means a rental property that is, (a) ultimately owned or leased or otherwise held, directly or indirectly, by more than one person where any such person, or a person claiming under such person, has the right to present or future exclusive possession of a unit in the rental property and, without restricting the generality of the foregoing, includes a rental property that is owned or leased or otherwise held in trust or that is owned or leased or otherwise held by a partnership or limited partnership as partnership property, where any trustee, beneficiary, partner, general partner or limited partner, or other person claiming under such trustee, beneficiary, partner, general partner or limited partner, has the right to present or future exclusive possession of a unit in the rental property, or (b) ultimately owned or leased or otherwise held, directly or indirectly, by a corporation having more than one shareholder or member, where any such shareholder or member, or a person claiming under such shareholder or member, by reason of the ownership of shares in or being a member of the corporation, has the right to present or future exclusive possession of a unit in the rental property, but does not include a non-profit co-operative housing corporation as defined in the Residential Rent Regulation Act; (“coopérative”) “co-operative interest holder” means a person who has an interest in a co-operative or is a shareholder or member of a corporation that has an interest in a co-operative; (“détenteur d’un intérêt dans une coopérative”) “infrastructure” includes, with respect to a land lease community or a mobile home park, the roads, water supply, fuel, sewage, drainage and electrical systems and such other things or systems as may be prescribed that, (a) are under the direct or indirect control of the landlord, and (b) provide access or service to the park or community or to any rental unit in the park or community; (“infrastructure”) “land lease community” means the residential premises and the land, structures and facilities of which the landlord retains possession and that are intended for the common use and enjoyment of the tenants of the landlord where two or more occupied land lease community homes are situated; (“communauté de terrains à bail”) “land lease community home” means any dwelling that is a permanent structure where the owner of the dwelling leases the land used or intended for use as the site for the dwelling, but does not include a mobile home; (“maison de communauté de terrains à bail”) “Minister” means the Minister of Housing; (“ministre”) “Ministry” means the Ministry of Housing; (“ministère”) “mobile home” means any dwelling that is designed to be made mobile and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer, tent trailer or a trailer otherwise designed; (“maison mobile”) “mobile home park” means the residential premises and the land, structures, services and facilities of which the landlord retains possession and that are intended for the common use and enjoyment of the tenants of the landlord where two or more occupied mobile homes are located for a period of sixty days or more; (“parc de maisons mobiles”) “municipality” means a city, town, village, improvement district or township; (“municipalité”) “person” includes an individual, sole proprietorship, partnership, limited partnership, unincorporated association, unincorporated syndicate, unincorporated organization, trust, body corporate, and a natural person in his or her capacity as trustee, executor, administrator or other legal representative; (“personne”) “prescribed” means prescribed by the regulations; (“prescrit”) “regulations” means regulations made under this Act; (“règlements”) “related group of buildings” means buildings that are under the same ownership and on the same parcel of land as defined in section 46 of the Planning Act; (“ensemble d’immeubles connexes”) “rental property” means, (a) a building or related group of buildings in which one or more rental units are located, (b) a mobile home park in which two or more rental units are located, or (c) a land lease community in which two or more rental units are located, and includes all common areas and services and facilities available for the use of its residents, but does not include, (d) a condominium, (e) 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, or (f) 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 in which the accommodation is located does not exceed six months or such lesser time period as the regulations made under this Act prescribe; (“bien locatif”) “rental unit” means premises used as rented residential premises and includes, (a) premises that have been used as rented residential premises and are vacant, and (b) a rented site for a mobile home or a rented site for a land lease community home even if the mobile home or the land lease community home on the site is owned by the tenant of the site; (“logement locatif”) “rented residential premises” includes a room in a boarding house or lodging house and a unit in a care home; (“locaux d’habitation loués”) “spouse” means a spouse as defined in section 1 of the Landlord and Tenant Act. (“conjoint”) R.S.O. 1990, c. R.24, s. 1; 1994, c. 2, s. 31; 1994, c. 4, s. 16 (2-4). Unorganized territories (2) For the purposes of the application of this Act to land lease communities or mobile home parks located in territories without municipal organization, a reference in this Act to a municipality, its council or any officers or employees shall be deemed to be a reference to the Minister of Housing or to a person to whom responsibility is delegated under section 23. Delegation of power under Act (3) The Minister or a person to whom responsibility is delegated under section 23 may by order exercise any power that a municipality would exercise by by-law under this Act. 1994, c. 4, s. 16 (5). Application of Act