jswizzle3737/ontario_laws_and_regs huggingface dataset:
182.3 (1) Any power conferred on the Minister under section 179 or 182.2 may be delegated by the Minister to the Chair or to a public servant employed under Part III of the Public Service of Ontario Act, 2006
and, when purporting to exercise a delegated power, the delegate shall be presumed conclusively to act in accordance with the delegation. 2013, c. 3, s. 38. Subject to conditions, etc. (2) A delegation under subsection (1) shall be in writing and may be subject to such limitations, conditions and requirements as are set out in it. 2013, c. 3, s. 38. Subdelegation (3) In a delegation under subsection (1), the Minister may authorize a person to whom a power is delegated to delegate to others the exercise of the delegated power, subject to such limitations, conditions and requirements as the person may impose. 2013, c. 3, s. 38. Deeds and contracts (4) Despite section 6 of the Executive Council Act, a deed or contract signed by a person empowered to do so under a delegation or subdelegation made under this section has the same effect as if signed by the Minister. 2013, c. 3, s. 38. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 38 - 01/06/2014 part xii   Board proceedings
182.4 In this Part, “housing charges”, “member” and “regular monthly housing charges” have the same meanings as in Part V.1. 2013, c. 3, s. 39. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 39 - 01/06/2014
183 The Board shall adopt the most expeditious method of determining the questions arising in a proceeding that affords to all persons directly affected by the proceeding an adequate opportunity to know the issues and be heard on the matter.  2006, c. 17, s. 183.
184 (1) The Statutory Powers Procedure Act applies with respect to all proceedings before the Board.  2006, c. 17, s. 184 (1). Exception (2) Subsection 5.1 (2) of the Statutory Powers Procedure Act does not apply with respect to an application under section 132 or 133 or an application solely under paragraph 1 of subsection 126 (1).  2006, c. 17, s. 184 (2). Exception (3) Subsection 5.1 (3) of the Statutory Powers Procedure Act does not apply to an application under section 126, 132 or 133.  2006, c. 17, s. 184 (3).
185 (1) An application shall be filed with the Board in the form approved by the Board, shall be accompanied by the prescribed information and shall be signed by the applicant.  2006, c. 17, s. 185 (1). Application filed by representative (2) An applicant may give written authorization to sign an application to a person representing the applicant under the authority of the Law Society Act
and, if the applicant does so, the Board may require such representative to file a copy of the authorization.  2006, c. 17, s. 261 (3). Section Amendments with date in force (d/m/y) 2006, c. 17, s. 261 (3)
- 01/05/2007
186 (1) A tenant may combine several applications into one application.  2006, c. 17, s. 186 (1). Same (2) Two or more tenants of a residential complex may together file an application that may be filed by a tenant if each tenant applying in the application signs it.  2006, c. 17, s. 186 (2). Same (3) A landlord or a non-profit housing co-operative may combine several applications relating to a given tenant or member into one application, but a landlord may not combine an application for a rent increase with any other application. 2013, c. 3, s. 40. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 40 - 01/06/2014
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. Add or remove parties (2) The Board may add or remove parties as the Board considers appropriate. 2013, c. 3, s. 41. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 41 - 01/06/2014
188 (1) The Board shall do the following with respect to an application made to the Board: 1. Give the parties other than the applicant a copy of the application within the time set out in the Rules. 2. In such circumstances as may be prescribed, give the prescribed parties such documents or information as may be prescribed.  2011, c. 6, Sched. 3, s. 1. Exception (2) This section does not apply with respect to an application that can be made without notice.  2011, c. 6, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2011, c. 6, Sched. 3, s. 1 - 01/07/2015
189 (1) Instead of doing what would otherwise be required under paragraph 1 of subsection 188 (1), the Board may, in the circumstances set out in the Rules, order the applicant to give a copy of the application to the other parties.  2011, c. 6, Sched. 3, s. 1. Same (2) Despite the Statutory Powers Procedure Act, the Board may, in the circumstances set out in the Rules, order the applicant to give a copy of any notice of hearing issued by the Board to the other parties.  2011, c. 6, Sched. 3, s. 1. Certificate of service (3) Where an order is made under subsection (1) or (2), the applicant shall, in the circumstances set out in the Rules, file with the Board a certificate of service in the form approved by the Board.  2011, c. 6, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2011, c. 6, Sched. 3, s. 1 - 01/07/2015
189.0.1 (1) This section applies with respect to an application under subsection 87 (1) or (3), 88.1 (1), 88.2 (1) or 89 (1) if, at the time the application is made, the tenant or former tenant who is a party to the application is no longer in possession of the rental unit. 2020, c. 16, Sched. 4, s. 28. Notice from applicant (2) The applicant shall, within the time set out in the Rules, give the tenant or former tenant, (a) a copy of the application; and (b) a copy of any notice of hearing issued by the Board in respect of the application. 2020, c. 16, Sched. 4, s. 28. Certificate of service (3) The applicant shall, in the circumstances set out in the Rules, file with the Board a certificate of service on the tenant or former tenant in the form approved by the Board. 2020, c. 16, Sched. 4, s. 28. Application (4) If this section applies with respect to an application, (a) paragraph 1 of subsection 188 (1) and section 189 do not apply with respect to the tenant or former tenant; and (b) clause (2) (b) applies despite the Statutory Powers Procedure Act. 2020, c. 16, Sched. 4, s. 28. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 4, s. 28 - 01/09/2021
189.1 (1) For an application to the Board under section 226 for the review of a work order issued by an inspector appointed by a local municipality, the applicant shall, within the time set out in the Rules, give the local municipality, (a) a copy of the application; and (b) a copy of any notice of hearing issued by the Board in respect of the application. 2016, c. 25, Sched. 5, s. 3. Certificate of service (2) The applicant shall, in the circumstances set out in the Rules, file with the Board a certificate of service on the local municipality in the form approved by the Board. 2016, c. 25, Sched. 5, s. 3. Application (3) If the local municipality is a party to the application, (a) paragraph 1 of subsection 188 (1) and section 189 do not apply with respect to the local municipality; and (b) clause (1) (b) applies despite the Statutory Powers Procedure Act. 2016, c. 25, Sched. 5, s. 3. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 5, s. 3 - 01/07/2018
190 (1) The Board may extend or shorten the time requirements related to making an application under section 126, subsection 159 (2) or section 226 in accordance with the Rules.  2006, c. 17, s. 190 (1). Same (2) The Board may extend or shorten the time requirements with respect to any matter in its proceedings, other than the prescribed time requirements, in accordance with the Rules.  2006, c. 17, s. 190 (2).
191 (1) A notice or document is sufficiently given to a person other than the Board, (a) by handing it to the person; (b) if the person is a landlord, by handing it to an employee of the landlord exercising authority in respect of the residential complex to which the notice or document relates; (c) if the person is a tenant, subtenant or occupant, by handing it to an apparently adult person in the rental unit; (d) by leaving it in the mail box where mail is ordinarily delivered to the person; (e) if there is no mail box, by leaving it at the place where mail is ordinarily delivered to the person; (f) by sending it by mail to the last known address where the person resides or carries on business; or (g) by any other means allowed in the Rules.  2006, c. 17, s. 191 (1). Same, tenant or former tenant no longer in possession (1.0.1) Despite subsection (1), a notice or document is sufficiently given to a tenant or former tenant who is no longer in possession of a rental unit, (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 (d) by any other means allowed in the Rules. 2020, c. 16, Sched. 4, s. 29. Same, Part V.1 (1.1) Despite subsection (1), for the purposes of Part V.1, a notice or document is sufficiently given to a person other than the Board, (a) by handing it to the person; (b) by handing it to an apparently adult person in the member unit; (c) by leaving it in the mail box where mail is ordinarily delivered to the person; (d) if there is no mail box, by sliding it under the door of the member unit or through a mail slot in the door or leaving it at the place where mail is ordinarily delivered to the person; (e) by sending it by mail to the last known address where the person resides or carries on business; (f) if the person is a non-profit housing co-operative, (i) by delivering it personally or sending it by mail to, (A) the head office of the co-operative as shown on the records of the Ministry of Finance, or (B) the co-operative’s business office, or (ii) by handing it to a manager or co-ordinator of the co-operative exercising authority in respect of the residential complex, as defined in Part V.1, to which the notice or document relates; or (g) by any other means allowed in the Rules. 2013, c. 3, s. 42. When notice deemed valid (2) A notice or document that is not given in accordance with this section shall be deemed to have been validly given if it is proven that its contents actually came to the attention of the person for whom it was intended within the required time period.  2006, c. 17, s. 191 (2). Mail (3) A notice or document given by mail shall be deemed to have been given on the fifth day after mailing.  2006, c. 17, s. 191 (3). Section Amendments with date in force (d/m/y) 2013, c. 3, s. 42 - 01/06/2014 2020, c. 16, Sched. 4, s. 29 - 01/09/2021
192 (1) A notice or document is sufficiently given to the Board, (a) by hand delivering it to the Board at the appropriate office as set out in the Rules; (b) by sending it by mail to the appropriate office as set out in the Rules; or (c) by any other means allowed in the Rules.  2006, c. 17, s. 192 (1). Same (2) A notice or document given to the Board by mail shall be deemed to have been given on the earlier of the fifth day after mailing and the day on which the notice or the document was actually received.  2006, c. 17, s. 192 (2).
192.1 Where a provision of this Act requires an affidavit from a person with respect to a specified statement or specified information, the Rules may, (a) authorize the use of another document, which may be unsworn, from that person with respect to that specified statement or specified information; and (b) require that the document may be used only if it is provided to the Board in accordance with the Rules. 2017, c. 13, s. 27. Section Amendments with date in force (d/m/y) 2017, c. 13, s. 27
- 30/05/2017
193 Time shall be computed in accordance with the Rules.  2006, c. 17, s. 193.
194 (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. 2020, c. 16, Sched. 4, s. 30 (1). Settlement may override Act (2) Despite subsection 3 (1) and subject to subsection (3), a settlement agreed to under this section may contain provisions that contravene any provision under this Act.  2006, c. 17, s. 194 (2); 2020, c. 16, Sched. 4, s. 30 (2). Restriction (3) The largest rent increase that can be agreed to under this section for a rental unit that is not a mobile home or a land lease home or a site for either is equal to the sum of the guideline and 3 per cent of the previous year’s lawful rent.  2006, c. 17, s. 194 (3); 2020, c. 16, Sched. 4, s. 30 (3). Settlement (4) If some or all of the issues with respect to an application are settled under this section, the Board shall dispose of the application in accordance with the Rules. 2020, c. 16, Sched. 4, s. 30 (4). Hearing (5) If there is no settlement, the Board shall hold a hearing.  2006, c. 17, s. 194 (5); 2020, c. 16, Sched. 4, s. 30 (5). Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 4, s. 30 (1-5) - 21/07/2020
195 (1) Where the Board considers it appropriate to do so, the Board may, subject to the regulations, (a) require a respondent to pay a specified sum into the Board within a specified time; or (b) permit a tenant who is making an application for an order under paragraph 1 of subsection 29 (1) to pay all or part of the rent for the tenant’s rental unit into the Board.  2006, c. 17, s. 195 (1). Rules re money paid (2) The Board may establish procedures in the Rules for the payment of money into and out of the Board.  2006, c. 17, s. 195 (2). No payment after final order (3) The Board shall not, under subsection (1), authorize or require payments into the Board after the Board has made its final order in the application.  2006, c. 17, s. 195 (3). Effect of failure to pay under cl. (1) (a) (4) If a respondent is required to pay a specified sum into the Board within a specified time under clause (1) (a) and fails to do so, the Board may refuse to consider the evidence and submissions of the respondent.  2006, c. 17, s. 195 (4). Effect of payment under cl. (1) (b) (5) Payment by a tenant under clause (1) (b) shall be deemed not to constitute a default in the payment of rent due under a tenancy agreement or a default in the tenant’s obligations for the purposes of this Act.  2006, c. 17, s. 195 (5).
196 (1) Upon receiving information that an applicant owes money to the Board as a result of having failed to pay any fine, fee or costs, (a) if the information is received on or before the day the applicant submits an application, an employee in the Board shall, in such circumstances as may be specified in the Rules, refuse to allow the application to be filed; (b) if the information is received after the application has been filed but before a hearing is held, the Board shall stay the proceeding until the fee, fine or costs have been paid and may discontinue the application in such circumstances as may be specified in the Rules; (c) if the information is received after a hearing with respect to the application has begun, the Board shall not issue an order until the fine, fee or costs have been paid and may discontinue the application in such circumstances as may be specified in the Rules.  2006, c. 17, s. 196 (1); 2013, c. 3, s. 43 (1). Definition (2) In subsection (1), “fine, fee or costs” does not include money that is paid in trust to the Board pursuant to an order of the Board and that may be paid out to any party when the application is disposed of. 2013, c. 3, s. 43 (2). Section Amendments with date in force (d/m/y) 2013, c. 3, s. 43 - 01/06/2014
197 (1) The Board may dismiss an application without holding a hearing or refuse to allow an application to be filed if, in the opinion of the Board, the matter is frivolous or vexatious, has not been initiated in good faith or discloses no reasonable cause of action.  2006, c. 17, s. 197 (1). Same (2) The Board may dismiss a proceeding without holding a hearing if the Board finds that the applicant filed documents that the applicant knew or ought to have known contained false or misleading information.  2006, c. 17, s. 197 (2). Joinder and severance of applications
198 (1) Despite the Statutory Powers Procedure Act, the Board may direct that two or more applications be joined or heard together if the Board believes it would be fair to determine the issues raised by them together.  2006, c. 17, s. 198 (1). Applications severed (2) The Board may order that applications that have been joined be severed or that applications that had been ordered to be heard together be heard separately.  2006, c. 17, s. 198 (2).
199 The Board may order that an application be severed and each severed part dealt with as though it were a separate application under this Act if, (a) two or more applications are combined under section 186 in the application; (b) the application is made by more than one tenant under subsection 186 (2); or (c) the Board believes it would be appropriate to deal separately with different matters included in the application.  2006, c. 17, s. 199. Amendment and withdrawal of applications
200 (1) An applicant may amend an application to the Board in accordance with the Rules.  2006, c. 17, s. 200 (1). Withdraw application (2) Subject to subsection (3), an applicant may withdraw an application at any time before the hearing begins.  2006, c. 17, s. 200 (2). Same, harassment (3) An applicant may withdraw an application under paragraph 4 of subsection 29 (1) only with the consent of the Board.  2006, c. 17, s. 200 (3). Same (4) An applicant may withdraw an application after the hearing begins with the consent of the Board.  2006, c. 17, s. 200 (4).
201 (1) The Board may, before, during or after a hearing, (a) conduct any inquiry it considers necessary or authorize an employee in the Board to do so; (b) request an employee in the Board to conduct any inspection it considers necessary; (c) question any person, by telephone or otherwise, concerning the dispute or authorize an employee in the Board to do so; (d) permit or direct a party to file additional evidence with the Board which the Board considers necessary to make its decision; (e) view premises that are the subject of the hearing; or (f) on its own motion and on notice to the parties, amend an application if the Board considers it appropriate to do so and if amending the application would not be unfair to any party.  2006, c. 17, s. 201 (1); 2013, c. 3, s. 44; 2016, c. 25, Sched. 5, s. 4. Same (2) In making its determination, the Board may consider any relevant information obtained by the Board in addition to the evidence given at the hearing, provided that it first informs the parties of the additional information and gives them an opportunity to explain or refute it.  2006, c. 17, s. 201 (2). Same (3) If a party fails to comply with a direction under clause (1) (d), the Board may, (a) refuse to consider the party’s submissions and evidence respecting the matter regarding which there was a failure to comply; or (b) if the party who has failed to comply is the applicant, dismiss all or part of the application.  2006, c. 17, s. 201 (3). Parties may view premises with Board (4) If the Board intends to view premises under clause (1) (e), the Board shall give the parties an opportunity to view the premises with the Board.  2006, c. 17, s. 201 (4). Section Amendments with date in force (d/m/y) 2013, c. 3, s. 44 - 01/06/2014 2016, c. 25, Sched. 5, s. 4 - 01/07/2018
202 (1) In making findings on an application, the Board shall ascertain the real substance of all transactions and activities relating to a residential complex or a rental unit and the good faith of the participants and in doing so, (a) may disregard the outward form of a transaction or the separate corporate existence of participants; and (b) may have regard to the pattern of activities relating to the residential complex or the rental unit.  2006, c. 17, s. 202. Exception (2) Subsection (1) does not apply to an application made under Part V.1. 2013, c. 3, s. 45. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 45 - 01/06/2014
203 The Board shall not make determinations or review decisions concerning, (a) eligibility for rent-geared-to-income assistance as defined in section 38 of the Housing Services Act, 2011 or the amount of geared-to-income rent payable under that Act; or (b) eligibility for, or the amount of, any prescribed form of housing assistance.  2006, c. 17, s. 203; 2011, c. 6, Sched. 1, s. 188 (3). Section Amendments with date in force (d/m/y) 2011, c. 6, Sched. 1, s. 188 (3) - 01/01/2012
203.1 The Board shall not make determinations or review decisions in respect of non-profit housing co-operatives concerning, (a) housing charges that have been established by a resolution of the members of a non-profit housing co-operative or, where authorized by the by-laws of the co-operative, by the board of directors of the co-operative; (b) eligibility for, or the amount of, any subsidy established for the regular monthly housing charges; or (c) eligibility for, or the amount of, any subsidy awarded to a member. 2013, c. 3, s. 46. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 46 - 01/06/2014
204 (1) The Board may include in an order whatever conditions it considers fair in the circumstances.  2006, c. 17, s. 204 (1). Order re costs (2) The Board may order a party to an application to pay the costs of another party.  2006, c. 17, s. 204 (2). Same (3) The Board may order that its costs of a proceeding be paid by a party or the party’s paid representative.  2006, c. 17, s. 204 (3); 2006, c. 17, s. 261 (4). Same (4) The amount of an order for costs shall be determined in accordance with the Rules.  2006, c. 17, s. 204 (4). Same (5) Subsections (2) to (4) apply despite section 17.1 of the Statutory Powers Procedure Act.  2006, c. 17, s. 204 (5). Section Amendments with date in force (d/m/y) 2006, c. 17, s. 261 (4)
- 01/05/2007
205 (1) The Board may include in an order one of the following provisions: 1. “The landlord or the tenant shall pay to the other any sum of money that is owed as a result of this order.” 2. “The non-profit housing co-operative or the member shall pay to the other any sum of money that is owed as a result of this order.” 2013, c. 3, s. 47. Payment of order by instalments (2) If the Board makes an order for a rent increase above the guideline and the order is made three months or more after the first effective date of a rent increase in the order, the Board may provide in the order that if a tenant owes any sum of money to the landlord as a result of the order, the tenant may pay the landlord the amount owing in monthly instalments.  2006, c. 17, s. 205 (2). Same (3) If an order made under subsection (2) permits a tenant to pay the amount owing by instalments, the tenant may do so even if the tenancy is terminated.  2006, c. 17, s. 205 (3). Same (4) An order providing for monthly instalments shall not provide for more than 12 monthly instalments.  2006, c. 17, s. 205 (4). Section Amendments with date in force (d/m/y) 2013, c. 3, s. 47 - 01/06/2014
206.1 (1) The Board may designate one or more employees in the Board as hearing officers for the purposes of this section to exercise the powers and duties of the Board as its delegate.  2011, c. 6, Sched. 3, s. 2; 2013, c. 3, s. 49. Powers of hearing officer (2) Subject to any restrictions in the regulations, a hearing officer may do the following with respect to an application described in subsection (3): 1. Hold a hearing. 2. Make an order that the Board could make, including an order made other than in connection with a hearing.  2011, c. 6, Sched. 3, s. 2. Applications (3) The applications with respect to which subsection (2) applies are the following: 1. An application for which the respondent does not appear at the time scheduled for the hearing. 2. An application specified in the Rules.  2011, c. 6, Sched. 3, s. 2. Order of Board (4) An order made by a hearing officer under paragraph 2 of subsection (2) is an order of the Board for the purposes of this Act.  2011, c. 6, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2011, c. 6, Sched. 3, s. 2 - 4/05/2011 2013, c. 3, s. 49 - 01/06/2014 Monetary jurisdiction; deduction of rent; interest
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.  2006, c. 17, s. 207 (1). Same (2) A person entitled to apply under this Act but whose claim exceeds the Board’s monetary jurisdiction may commence a proceeding in any court of competent jurisdiction for an order requiring the payment of that sum and, if such a proceeding is commenced, the court may exercise any powers that the Board could have exercised if the proceeding had been before the Board and within its monetary jurisdiction.  2006, c. 17, s. 207 (2). Same (3) If a party makes a claim in an application for payment of a sum equal to or less than the Board’s monetary jurisdiction, all rights of the party in excess of the Board’s monetary jurisdiction are extinguished once the Board issues its order.  2006, c. 17, s. 207 (3). Minimum amount (4) The Board shall not make an order for the payment of an amount of money if the amount is less than the prescribed amount.  2006, c. 17, s. 207 (4). Order may provide deduction from rent or regular monthly housing charges (5) If a landlord or non-profit housing co-operative is ordered to pay a sum of money to a person who is a tenant of the landlord or a member of the co-operative at the time of the order, the order may provide that if the landlord or co-operative fails to pay the amount owing, the tenant or member may recover that amount plus interest by deducting a specified sum from the tenant’s rent or the member’s regular monthly housing charges paid to the landlord or co-operative for a specified number of rental periods or, in the case of a member, months. 2013, c. 3, s. 50 (1). Same (6) Nothing in subsection (5) limits the right of the tenant or member to collect at any time the full amount owing or any balance outstanding under the order. 2013, c. 3, s. 50 (1). Post-judgment interest (7) The Board may set a date on which payment of money ordered by the Board must be made and interest shall accrue on money owing only after that date at the post-judgment interest rate under section 127 of the Courts of Justice Act.  2006, c. 17, s. 207 (7). Definition — “member” (8) In subsections (5) and (6), “member” means a member as defined in the Co-operative Corporations Act. 2013, c. 3, s. 50 (2). Section Amendments with date in force (d/m/y) 2013, c. 3, s. 50 - 01/06/2014
208 (1) The Board shall send each party who participated in the proceeding, or the person who represented the party, a copy of its order, including the reasons if any have been given, in accordance with section 191.  2006, c. 17, s. 208 (1); 2006, c. 17, s. 261 (5). Same (2) Section 18 of the Statutory Powers Procedure Act does not apply to proceedings under this Act.  2006, c. 17, s. 208 (2). Section Amendments with date in force (d/m/y) 2006, c. 17, s. 261 (5)
- 01/05/2007
209 (1) Except where this Act provides otherwise, and subject to section 21.2 of the Statutory Powers Procedure Act, an order of the Board is final and binding.  2006, c. 17, s. 209 (1). Power to review (2) Without limiting the generality of section 21.2 of the Statutory Powers Procedure Act, the Board’s power to review a decision or order under that section may be exercised if a party to a proceeding was not reasonably able to participate in the proceeding.  2006, c. 17, s. 209 (2).
210 (1) Any person affected by an order of the Board may appeal the order to the Divisional Court within 30 days after being given the order, but only on a question of law.  2006, c. 17, s. 210 (1). Board to receive notice (2) A person appealing an order under this section shall give to the Board any documents relating to the appeal.  2006, c. 17, s. 210 (2). Board may be heard by counsel (3) The Board is entitled to be heard by counsel or otherwise upon the argument on any issue in an appeal.  2006, c. 17, s. 210 (3). Powers of Court (4) If an appeal is brought under this section, the Divisional Court shall hear and determine the appeal and may, (a) affirm, rescind, amend or replace the decision or order; or (b) remit the matter to the Board with the opinion of the Divisional Court.  2006, c. 17, s. 210 (4). Same (5) The Divisional Court may also make any other order in relation to the matter that it considers proper and may make any order with respect to costs that it considers proper.  2006, c. 17, s. 210 (5).
211 The Board is entitled to appeal a decision of the Divisional Court on an appeal of a Board order as if the Board were a party to the appeal.  2006, c. 17, s. 211.
212 Substantial compliance with this Act respecting the contents of forms, notices or documents is sufficient.  2006, c. 17, s. 212.
213 Any document referred to in this Act and specified in the regulations or in the Rules may be created, signed, filed, provided, issued, sent, received, stored, transferred, retained or otherwise dealt with electronically if it is done in accordance with the regulations or the Rules.  2006, c. 17, s. 213.
214 (1) No agent who represents a landlord, tenant, non-profit housing co-operative or member of a non-profit housing co-operative in a proceeding under this Act or who assists a landlord, tenant, non-profit housing co-operative or member of a non-profit housing co-operative in a matter arising under this Act shall charge or take a fee based on a proportion of any amount which has been or may be recovered, gained or saved, in whole or in part, through the efforts of the agent, where the proportion exceeds the prescribed amount. 2013, c. 3, s. 51. Same (2) An agreement that provides for a fee prohibited by subsection (1) is void.  2006, c. 17, s. 214 (2). Section Amendments with date in force (d/m/y) 2013, c. 3, s. 51 - 01/06/2014 part xiii   municipal vital services by-laws
215 In this Part, “vital services by-law” means a by-law passed under section 216.  2006, c. 17, s. 215.
216 (1) The council of a local municipality may pass by-laws, (a) requiring every landlord to provide adequate and suitable vital services to each of the landlord’s rental units; (b) prohibiting a supplier from ceasing to provide the vital service until a notice has been given under subsection 217 (1); (c) requiring a supplier to promptly restore the vital service when directed to do so by an official named in the by-law; (d) prohibiting a person from hindering, obstructing or interfering with or attempting to hinder, obstruct or interfere with the official or person referred to in subsection 218 (1) in the exercise of a power or performance of a duty under this section or sections 217 to 223; (e) providing that a person who contravenes or fails to comply with a vital services by-law is guilty of an offence for each day or part of a day on which the offence occurs or continues; (f) providing that every director or officer of a corporation that is convicted of an offence who knowingly concurs in the commission of the offence is guilty of an offence; (g) authorizing an official named in the by-law to enter into agreements on behalf of the local municipality with suppliers of vital services to ensure that adequate and suitable vital services are provided for rental units.  2006, c. 17, s. 216 (1). Exception (2) A vital services by-law does not apply to a landlord with respect to a rental unit to the extent that the tenant has expressly agreed to obtain and maintain the vital services.  2006, c. 17, s. 216 (2). Contents of vital services by-law (3) A vital services by-law may, (a) classify buildings or parts of buildings for the purposes of the by-law and designate the classes to which it applies; (b) designate areas of the local municipality in which the by-law applies; (c) establish standards for the provision of adequate and suitable vital services; (d) prohibit a landlord from ceasing to provide a vital service for a rental unit except when necessary to alter or repair the rental unit and only for the minimum period necessary to effect the alteration or repair; (e) provide that a landlord shall be deemed to have caused the cessation of a vital service for a rental unit if the landlord is obligated to pay the supplier for the vital service and fails to do so and, as a result of the non-payment, the vital service is no longer provided for the rental unit.  2006, c. 17, s. 216 (3).
217 (1) A supplier shall give notice of an intended discontinuance of a vital service only if the vital service is to be discontinued for the rental unit because the landlord has breached a contract with the supplier for the supply of the vital service.  2006, c. 17, s. 217 (1). Same (2) The notice shall be given in writing to the clerk of the local municipality at least 30 days before the supplier ceases to provide the vital service.  2006, c. 17, s. 217 (2).
218 (1) An official named in a vital services by-law or a person acting under his or her instructions may, at all reasonable times, enter and inspect a building or part of a building with respect to which the by-law applies for the purpose of determining compliance with the by-law or a direction given under subsection 221 (1).  2006, c. 17, s. 218 (1). Same (2) Despite subsection (1), the official or person shall not enter a rental unit, (a) unless he or she has obtained the consent of the occupier of the rental unit after informing him or her that he or she may refuse permission to enter the unit; or (b) unless he or she is authorized to do so by a warrant issued under section 231.  2006, c. 17, s. 218 (2).
219 (1) If a landlord does not provide a vital service for a rental unit in accordance with a vital services by-law, the local municipality may arrange for the service to be provided.  2006, c. 17, s. 219 (1). Lien (2) The amount spent by the local municipality under subsection (1) plus an administrative fee of 10 per cent of that amount shall, on registration of a notice of lien in the appropriate land registry office, be a lien in favour of the local municipality against the property at which the vital service is provided.  2006, c. 17, s. 219 (2). No special lien (3) Subsection 349 (3) of the Municipal Act, 2001 and subsection 314 (3) of the City of Toronto Act, 2006 do not apply with respect to the amount spent and the fee, and no special lien is created under either subsection.  2006, c. 32, Sched. C, s. 56 (4). Certificate (4) The certificate of the clerk of the local municipality as to the amount spent is proof, in the absence of evidence to the contrary, of the amount.  2006, c. 17, s. 219 (4). Interim certificate (5) Before issuing a certificate referred to in subsection (4), the clerk shall send an interim certificate by registered mail to the registered owner of the property that is subject to the lien and to all mortgagees or other encumbrancers registered on title.  2006, c. 17, s. 219 (5). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. C, s. 56 (4) - 31/01/2007
220 An affected owner, mortgagee or other encumbrancer may, within 15 days after the interim certificate is mailed, appeal the amount shown on it to the council of the local municipality.  2006, c. 17, s. 220.
221 (1) If the local municipality has arranged for a vital service to be provided to a rental unit, an official named in the vital services by-law may direct a tenant to pay any or all of the rent for the rental unit to the local municipality.  2006, c. 17, s. 221 (1). Effect of payment (2) Payment by a tenant under subsection (1) shall be deemed not to constitute a default in the payment of rent due under a tenancy agreement or a default in the tenant’s obligations for the purposes of this Act.  2006, c. 17, s. 221 (2).
222 (1) The local municipality shall apply the rent received from a tenant to reduce the amount that it spent to provide the vital service and the related administrative fee.  2006, c. 17, s. 222 (1). Accounting and payment of balance (2) The local municipality shall provide the person otherwise entitled to receive the rent with an accounting of the rents received for each individual rental unit and shall pay to that person any amount remaining after the rent is applied in accordance with subsection (1).  2006, c. 17, s. 222 (2).
223 (1) No proceeding for damages or otherwise shall be commenced against an official or a person acting under his or her instructions or against an employee or agent of a local municipality for any act done in good faith in the performance or intended performance of a duty or authority under any of sections 215 to 222 or under a by-law passed under section 216 or for any alleged neglect or default in the performance in good faith of the duty or authority.  2006, c. 17, s. 223 (1). Same (2) Subsection (1) does not relieve a local municipality of liability to which it would otherwise be subject.  2006, c. 17, s. 223 (2). part xiv   maintenance standards Application of prescribed standards
224 (1) The prescribed maintenance standards apply to a residential complex located in a local municipality and the rental units located in the residential complex if, (a) there is no municipal property standards by-law that applies to the residential complex; or (b) there is a municipal property standards by-law that applies to the residential complex and the prescribed circumstances apply. 2016, c. 25, Sched. 5, s. 5. Unorganized territory (2) The prescribed maintenance standards apply to a residential complex located in unorganized territory and the rental units located in the residential complex, but only for the purposes of a landlord’s obligations under subsection 20 (1) with respect to maintenance standards. 2016, c. 25, Sched. 5, s. 5. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 11 (8) - 15/12/2009 2016, c. 25, Sched. 5, s. 5 - 01/07/2018
224.1 (1) If the prescribed maintenance standards apply to a residential complex located in a local municipality, the local municipality in which the residential complex is located shall receive any written complaint from a current tenant of a rental unit located in the residential complex respecting the standard of maintenance that prevails with respect to the rental unit or the residential complex. 2016, c. 25, Sched. 5, s. 5. Complaints to be investigated (2) Upon receiving a complaint under this section, the local municipality shall cause an inspector to make whatever inspection the local municipality considers necessary to determine whether the landlord has complied with the prescribed maintenance standards. 2016, c. 25, Sched. 5, s. 5. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 5, s. 5 - 01/07/2018
225 (1) If an inspector is satisfied that the landlord of a residential complex has not complied with a prescribed maintenance standard that applies to the residential complex, the inspector may make and give to the landlord a work order requiring the landlord to comply with the prescribed maintenance standard.  2006, c. 17, s. 225 (1). Same (2) The inspector shall set out in the order, (a) the municipal address or legal description of the residential complex; (b) reasonable particulars of the work to be performed; (c) the period within which there must be compliance with the terms of the work order; and (d) the time limit for applying under section 226 to the Board for a review of the work order.  2006, c. 17, s. 225 (2).
226 (1) If a landlord who has received an inspector’s work order is not satisfied with its terms, the landlord may, within 20 days after the day the order is issued, apply to the Board for a review of the work order.  2006, c. 17, s. 226 (1). Order (2) On an application under subsection (1), the Board may, by order, (a) confirm or vary the inspector’s work order; (b) rescind the work order, if it finds that the landlord has complied with it; or (c) quash the work order.  2006, c. 17, s. 226 (2).
226.1 A local municipality may appoint inspectors for the purposes of sections 224.1 and 225. 2016, c. 25, Sched. 5, s. 6. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 5, s. 6 - 01/07/2018
226.2 A local municipality shall, (a) monitor compliance with the prescribed maintenance standards as they apply to residential complexes located in the local municipality; (b) investigate an alleged offence, (i) under clause 234 (t) that is a failure to comply with a work order issued by an inspector appointed by the local municipality, (ii) under clause 234 (u) that is the obstruction of, or interference with, an inspector appointed by the local municipality who is exercising a power of entry under section 230 or 231, and (iii) under clause 234 (v) that is the furnishing of false or misleading information in any material provided to an inspector appointed by the local municipality; and (c) where the circumstances warrant, commence or cause to be commenced proceedings with respect to an alleged offence described in clause (b). 2016, c. 25, Sched. 5, s. 6. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 5, s. 6 - 01/07/2018
226.3 (1) No proceeding for damages shall be commenced against an inspector appointed by a local municipality under section 226.1 or an employee or agent of a local municipality for any act done in good faith in the performance or intended performance of any duty or in the exercise or intended exercise of any power under this Part or section 230 or 231 or for any neglect or default in the performance or exercise in good faith of such a duty or power. 2016, c. 25, Sched. 5, s. 6. Liability of local municipality (2) Subsection (1) does not relieve a local municipality of any liability to which it would otherwise be subject. 2016, c. 25, Sched. 5, s. 6. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 5, s. 6 - 01/07/2018
226.4 (1) Sections 224 to 226, 227, 229 and 230, and paragraph 74 of subsection 241 (1), as they read immediately before the commencement date, and the regulations made under paragraph 74, as they read immediately before that date, continue to apply for the following purposes with respect to a complaint that was received by the Minister under section 224 before that date: 1. Investigating the complaint and issuing a work order with respect to it. 2. Ensuring compliance with a work order issued with respect to the complaint before, on or after the commencement date. 3. Making, continuing or finally disposing of an application under section 226 for the review of a work order issued with respect to the complaint before, on or after the commencement date. 4. Charging a municipality for the cost associated with an inspection related to the complaint and, if applicable, issuing a notice of payment due and filing the notice in the Superior Court of Justice. 5. Investigating, and commencing or causing to be commenced proceedings with respect to, an alleged offence under clause 234 (t), (u) or (v) that occurred before, on or after the commencement date, other than an offence described in clause 226.2 (b). 2016, c. 25, Sched. 5, s. 6. Definition (2) In this section, “commencement date” means the day section 5 of Schedule 5 to the Promoting Affordable Housing Act, 2016 comes into force. 2016, c. 25, Sched. 5, s. 6. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 5, s. 6 - 01/07/2018 part xv   administration and enforcement
227 Except for section 224 and except as otherwise provided in sections 224.1 and 226.2, the Minister shall, (a) monitor compliance with this Act; (b) investigate cases of alleged failure to comply with this Act; and (c) where the circumstances warrant, commence or cause to be commenced proceedings with respect to alleged failures to comply with this Act.  2006, c. 17, s. 227; 2016, c. 25, Sched. 5, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 5, s. 7 - 01/07/2018
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. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 5, s. 8 - 01/07/2018
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, (a) require the production for inspection of documents or things, including drawings or specifications, that may be relevant to the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; (d) be accompanied by a person who has special or expert knowledge in relation to the subject-matter of the inspection; (e) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection; and (f) order the landlord to take and supply at the landlord’s expense such tests and samples as are specified in the order.  2006, c. 17, s. 230 (1); 2016, c. 25, Sched. 5, s. 9. Samples (2) The inspector shall divide the sample taken under clause (1) (e) into two parts and deliver one part to the person from whom the sample is taken, if the person so requests at the time the sample is taken and provides the necessary facilities.  2006, c. 17, s. 230 (2). Same (3) If an inspector takes a sample under clause (1) (e) and has not divided the sample into two parts, a copy of any report on the sample shall be given to the person from whom the sample was taken.  2006, c. 17, s. 230 (3). Receipt (4) An inspector shall provide a receipt for any documents or things removed under clause (1) (b) and shall promptly return them after the copies or extracts are made.  2006, c. 17, s. 230 (4). Evidence (5) Copies of or extracts from documents and things removed under this section and certified as being true copies of or extracts from the originals by the person who made them are admissible in evidence to the same extent as and have the same evidentiary value as the originals.  2006, c. 17, s. 230 (5). Where warrant required (6) Except under the authority of a warrant issued under section 231, an inspector shall not enter any room or place actually used as a dwelling without requesting and obtaining the consent of the occupier, first having informed the occupier that the right of entry may be refused and entry made only under the authority of a warrant.  2006, c. 17, s. 230 (6). Not applicable to non-profit housing co-operatives (7) This section does not authorize an inspection in respect of the rights and duties of non-profit housing co-operatives or members of non-profit housing co-operatives. 2013, c. 3, s. 52. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 52 - 01/06/2014 2016, c. 25, Sched. 5, s. 9 - 01/07/2018