72 (1) The Board shall not make an order terminating a tenancy and evicting the tenant in an application under section 69 based on, (a) a notice of termination given under section 48 on or after the day section 13 of the Rental Fairness Act, 2017 comes into force, unless the landlord has filed with the Board an affidavit sworn by the person who personally requires the rental unit certifying that the person in good faith requires the rental unit for his or her own personal use for a period of at least one year; or Note: On a day to be named by proclamation of the Lieutenant Governor, clause 72 (1) (a) of the Act is amended by striking out “on or after the day section 13 of the Rental Fairness Act, 2017 comes into force”. (See: 2023, c. 10, Sched. 7, s. 6 (1)) (b) a notice of termination under section 49, unless the landlord has filed with the Board an affidavit sworn by the person who personally requires the rental unit certifying that the person in good faith requires the rental unit for his or her own personal use. 2017, c. 13, s. 13. Same (1.1) The Board shall not make an order terminating a tenancy and evicting the tenant in an application under section 69 based on a notice of termination given under section 48 before the day section 13 of the Rental Fairness Act, 2017 comes into force, unless the landlord has filed with the Board an affidavit sworn by the person who personally requires the rental unit certifying that the person in good faith requires the rental unit for his or her own personal use. 2017, c. 13, s. 13. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 72 (1.1) of the Act is repealed. (See: 2023, c. 10, Sched. 7, s. 6 (2)) Same (2) The Board shall not make an order terminating a tenancy and evicting the tenant in an application under section 69 based on a notice of termination under section 48 or 49 where the landlord’s claim is based on a tenancy agreement or occupancy agreement that purports to entitle the landlord to reside in the rental unit unless, (a) the application is brought in respect of premises situate in a building containing not more than four residential units; or (b) one or more of the following people has previously been a genuine occupant of the premises: (i) the landlord, (ii) the landlord’s spouse, (iii) a child or parent of the landlord or the landlord’s spouse, or (iv) a person who provided care services to the landlord, the landlord’s spouse, or a child or parent of the landlord or the landlord’s spouse.  2006, c. 17, s. 72 (2); 2021, c. 4, Sched. 11, s. 31 (1). Determination of good faith (3) In determining the good faith of the landlord or the purchaser, as applicable, in an application described in subsection (1), (1.1) or (2), the Board may consider any evidence the Board considers relevant that relates to the landlord’s or purchaser’s previous use of notices of termination under section 48, 49 or 50 in respect of the same or a different rental unit. 2020, c. 16, Sched. 4, s. 12. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 72 (3) of the Act is amended by striking out “subsection (1), (1.1) or (2)” and substituting “subsection (1) or (2)”. (See: 2023, c. 10, Sched. 7, s. 6 (3)) Application of subs. (3) (4) Subsection (3) applies with respect to any application described in subsection (1), (1.1) or (2) that, (a) is made on or after the day section 12 of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force; or (b) was made before that day and was not finally determined before that day. 2020, c. 16, Sched. 4, s. 12. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 72 (4) of the Act is amended by striking out “subsection (1), (1.1) or (2)” and substituting “subsection (1) or (2)”. (See: 2023, c. 10, Sched. 7, s. 6 (3)) Section Amendments with date in force (d/m/y) 2017, c. 13, s. 13
- 01/09/2017 2020, c. 16, Sched. 4, s. 12 - 01/09/2021 2021, c. 4, Sched. 11, s. 31 (1) - 19/04/2021 2023, c. 10, Sched. 7, s. 6 (1-3) - not in force