Prohibition
4. (1) No rental property, or part thereof, shall be, (a) demolished; (b) converted to use as a condominium, co-operative, hotel, motel, tourist home, inn or apartment hotel, or to any use for a purpose other than rental property; (b.1) converted to use as a care home; or (c) renovated or repaired if, (i) a tenant is in possession of a rental unit and vacant possession of the rental unit would be required, or (ii) the repair or renovation is to a vacant rental unit and is so extensive that, were the rental unit occupied, vacant possession of the unit would be required, by any person unless the council of the municipality in which the property is situate approves of the demolition, conversion, renovation or repair. R.S.O. 1990, c. R.24, s. 4 (1); 1994, c. 2, s. 33 (1, 2). Same (1.1) No care home, or part of a care home, shall be converted to use as rental property other than as a care home by any person unless the council of the municipality in which the care home is situate approves of the conversion. 1994, c. 2, s. 33 (3). Where subs. (1) does not apply (1.2) Subsection (1) does not apply so as to require the approval of the council of the municipality if, (a) the rental property is not a building or related group of buildings in which one or more rental units are located; and (b) the demolition, conversion, renovation or repair of the rental property was commenced before the day the Land Lease Statute Law Amendment Act, 1994 received Royal Assent. Prohibition, infrastructure (1.3) No infrastructure or part of an infrastructure in a rental property which is a land lease community or mobile home park shall be, (a) permanently removed; or (b) renovated or repaired if, (i) a tenant is in possession of a rental unit and vacant possession of the rental unit would be required, or (ii) the repair or renovation is so extensive that if any vacant rental unit affected by the repair or renovation were occupied, vacant possession would be required, by any person unless the council of the municipality in which the property is situate approves the removal, renovation or repair. 1994, c. 4, s. 18, part. Where cl. (1) (b), (b.1) and subs. (1.1) do not apply (2) Clauses (1) (b) and (b.1) and subsection (1.1) do not apply so as to require the approval of the council of the municipality if the conversion of rental property, or part thereof, is to use for the purposes of occupation by, (a) a person referred to in section 103 of the Landlord and Tenant Act, except that approval is required where the occupation is pursuant to a notice of termination given on the grounds set out in that section if, (i) another notice of termination has been given on the grounds set out in the said section 103 in respect of any rental unit in the rental property and the tenant thereof has vacated the premises pursuant to that other notice, unless three years have passed since the date the other notice was specified to be effective, or (ii) within any sixty-day period, notices of termination are given on the grounds set out in the said section 103 in respect of any two or more rental units in the rental property, and the occupation of the rental units is to be by a person or persons referred to in the said section 103; (b) a person who, by reason of being a co-operative interest holder has the right to present or future exclusive possession of a unit in the co-operative, if the co-operative did not result from a conversion from rental property or, where any such conversion took place, the conversion was not in contravention of this Act or a predecessor thereof; or (c) the spouse or a child or parent of the person mentioned in clause (b) or a child or parent of the spouse of that person. R.S.O. 1990, c. R.24, s. 4 (2); 1994, c. 2, s. 33 (4). Exception (2.1) Clause (1) (b) does not apply so as to require the approval of the council of the municipality for the removal of a leased mobile home from the rental property that is the site for the mobile home, if the person who removes the leased mobile home is the tenant of the site and of the leased mobile home, whether or not the mobile home and the site are owned by the same person. 1994, c. 4, s. 18, part. Where cl. (1) (a), (b), (b.1) and subs. (1.1) do not apply (3) Clauses (1) (a), (b) and (b.1) and subsection (1.1) do not apply so as to require the approval of the council of the municipality where the demolition or conversion affects only those portions of a rental property in which no residential units are situate and in relation to which no vacant possession of a rental unit is required. R.S.O. 1990, c. R.24, s. 4 (3); 1994, c. 2, s. 33 (5). Apartment hotel (4) For the purposes of this section, a building or part of a building shall be deemed to be an apartment hotel if it contains transient living accommodation which has self-contained bathroom and kitchen facilities and in respect of which accommodation the prescribed criteria are met. R.S.O. 1990, c. R.24, s. 4 (4).