57.1 (1) The Board may make an order described in subsection 57 (3) if, on application by a former tenant of a rental unit, the Board determines that the landlord was required to afford the former tenant a right of first refusal under section 53 and failed to do so. 2017, c. 13, s. 11. Note: On a day to be named by proclamation of the Lieutenant Governor, section 57.1 of the Act is amended by adding the following subsection: (See: 2023, c. 10, Sched. 7, s. 5 (1)) Deemed failure (1.1) A landlord who fails to comply with the requirements of subsection 53 (2.1) or (2.2) is deemed, for the purposes of subsection (1) only, to have failed to afford a former tenant a right of first refusal. 2023, c. 10, Sched. 7, s. 5 (1). Time limitation (2) No application may be made under subsection (1) more than two years after the former tenant vacated the rental unit. 2017, c. 13, s. 11; 2020, c. 16, Sched. 4, s. 10 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 57.1 (2) of the Act is repealed and the following substituted: (See: 2023, c. 10, Sched. 7, s. 5 (2)) Time limitation (2) No application may be made under subsection (1) after the later of the following days: 1. The second anniversary of the day the former tenant vacated the rental unit. 2. The day that is six months after the day the repairs or renovations are completed. 2023, c. 10, Sched. 7, s. 5 (2). Transition, application pending (2.1) An application that was made under subsection (1) before the day subsection 10 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020
comes into force and was not finally determined before that day is deemed to comply with subsection (2), as it reads on that day, if the application was made more than one year, but not more than two years, after the former tenant vacated the rental unit. 2020, c. 16, Sched. 4, s. 10 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 57.1 (2.1) of the Act is repealed. (See: 2023, c. 10, Sched. 7, s. 5 (2)) Transition, previous application dismissed (2.2) If a previous application made by the former tenant was dismissed before the day subsection 10 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force for failure to comply with subsection (2), as it read before that day, the former tenant may make another application under subsection (1) more than one year, but not more than two years, after the former tenant vacated the rental unit. 2020, c. 16, Sched. 4, s. 10 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 57.1 (2.2) of the Act is repealed. (See: 2023, c. 10, Sched. 7, s. 5 (2)) Transition (3) An application may be made under subsection (1) regardless of whether the alleged failure to afford a right of first refusal on which it is based occurred before, on or after the day section 11 of the Rental Fairness Act, 2017 comes into force. 2017, c. 13, s. 11. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 57.1 (3) of the Act is repealed and the following substituted: (See: 2023, c. 10, Sched. 7, s. 5 (2)) Transition, ongoing applications (3) Subsection (2), as it reads on the day subsection 5 (2) of Schedule 7 to the Helping Homebuyers, Protecting Tenants Act, 2023 comes into force, applies with respect to applications made but not finally determined before that day. 2023, c. 10, Sched. 7, s. 5 (2). Transition, dismissed applications (4) A former tenant whose application was dismissed before the day subsection 5 (2) of Schedule 7 to the Helping Homebuyers, Protecting Tenants Act, 2023
came into force for a failure to comply with subsection (2) of this section may, subject to subsection (2) as it reads on that day, make a fresh application. 2023, c. 10, Sched. 7, s. 5 (2). Section Amendments with date in force (d/m/y) 2017, c. 13, s. 11
- 01/01/2018 2020, c. 16, Sched. 4, s. 10 (1, 2) - 01/09/2021 2023, c. 10, Sched. 7, s. 5 (2) - not in force