jswizzle3737/ontario_laws_and_regs huggingface dataset:
94.1 (1) In this Part, “housing charges” has the same meaning as in the Co-operative Corporations Act; (“frais de logement”) “member”, except in the phrase, “members of his or her household”, means a member as defined in the Co-operative Corporations Act or a person whose membership and occupancy rights in a co-operative have terminated or expired in accordance with that Act; (“membre”) “regular monthly housing charges” includes the amount of any consideration paid or given or required to be paid or given by or on behalf of a member to a co-operative or the co-operative’s agent for the right to occupy a member unit and for any services and facilities and any privilege, accommodation or thing that the co-operative provides for the member in respect of the occupancy of the member unit, whether or not a separate charge is made for services and facilities or for the privilege, accommodation or thing, but does not include one-time, occasional or irregular charges, deposits, penalties or fines; (“frais de logement mensuels ordinaires”) “residential complex” means a building or related group of buildings in which one or more member units are located and includes all common areas and services and facilities available for the use of its residents. (“ensemble d’habitation”)  2013, c. 3, s. 31. Non-profit housing co-operative and member not a landlord-tenant relationship (2) Nothing in this Part, and nothing elsewhere in this Act, shall be construed as altering the relationship between a non-profit housing co-operative and a member and, in particular, the relationship shall not be construed as being one of a landlord and tenant. 2013, c. 3, s. 31. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 31 - 01/06/2014 Notice of Termination of Occupancy by Co-operative
94.3 (1) A notice of termination under section 94.2 shall be in a form approved by the Board and shall, (a) identify the member unit for which the notice is given; (b) state the date on which the occupancy is to terminate; and (c) be signed by a director of the co-operative giving the notice, a person authorized to act for the co-operative or the co-operative’s agent. 2013, c. 3, s. 31. Same (2) The notice shall also set out the reasons for and details respecting the termination and inform the member that, (a) if the member vacates the member unit in accordance with the notice, the occupancy terminates on the date set out in clause (1) (b); (b) if the member does not vacate the member unit, the co-operative may apply to the Board for an order terminating the occupancy of the member unit and evicting the member; and (c) if the co-operative applies for an order, the member is entitled to dispute the application. 2013, c. 3, s. 31. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 31 - 01/06/2014 Termination date and other requirements in notice
94.5 (1) A notice of termination under subsection 94.2 (1), other than a notice of termination for a circumstance described in paragraph 3 of that subsection, becomes void 30 days after the termination date specified in the notice unless, (a) the member vacates the member unit before that time; or (b) the co-operative applies for an order terminating the occupancy of the member unit and evicting the member before that time. 2013, c. 3, s. 31. Same, if member pays regular monthly housing charges (2) The notice of termination for a circumstance described in paragraph 3 of subsection 94.2 (1) is void if, before the day the co-operative applies to the Board for an order terminating the occupancy of the member unit and evicting the member based on the notice, the member pays, (a) the regular monthly housing charges that are in arrears; and (b) the additional regular monthly housing charges that would have been due as at the date of payment by the member had notice of termination not been given. 2013, c. 3, s. 31. Same, if member repairs, replaces or pays for damaged property (3) The notice of termination for a circumstance described in paragraph 6 of subsection 94.2 (1) is void if the member, within seven days after receiving the notice, complies with the requirement referred to in clause 94.4 (5) (b) or makes arrangements satisfactory to the co-operative to comply with that requirement. 2013, c. 3, s. 31. Same, if member stops conduct, etc. (4) The notice of termination for a circumstance described in paragraph 8 of subsection 94.2 (1) is void if the member, within seven days after receiving the notice, stops the conduct or activity or corrects the omission. 2013, c. 3, s. 31. Same, if member reduces number of persons in member unit (5) The notice of termination for a circumstance described in paragraph 10 of subsection 94.2 (1) is void if the member, within seven days after receiving the notice, sufficiently reduces the number of persons occupying the member unit. 2013, c. 3, s. 31. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 31 - 01/06/2014
94.6 Unless a non-profit housing co-operative and member agree otherwise, the co-operative does not waive a notice of termination or reinstate a member’s membership and occupancy rights by accepting arrears of the regular monthly housing charges or compensation for the use or occupation of a member unit after, (a) the co-operative gives a notice of termination of the occupancy under section 94.2; or (b) the Board makes an order terminating the member’s occupancy and evicting the member. 2013, c. 3, s. 31. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 31 - 01/06/2014 Application by Co-operative — After Notice of Termination
94.7 (1) If a non-profit housing co-operative gives a member notice of termination of occupancy of the member unit under section 94.2, the co-operative may apply to the Board for an order terminating the member’s occupancy of the member unit and evicting the member. 2013, c. 3, s. 31. Same (2) An application under subsection (1) may not be made later than 30 days after the termination date specified in the notice, except where the application is based on a notice of termination for a circumstance described in paragraph 3 of subsection 94.2 (1). 2013, c. 3, s. 31. No application during remedy period (3) A co-operative may not apply to the Board for an order terminating the occupancy of a member unit and evicting the member based on a notice of termination for a circumstance described in paragraph 6, 8 or 10 of subsection 94.2 (1) before the seven-day remedy period specified in the notice expires. 2013, c. 3, s. 31. When application can be made for non-payment of housing charges (4) A co-operative may not apply to the Board for an order terminating an occupancy and evicting the member based on a notice of termination for a circumstance described in paragraph 3 of subsection 94.2 (1) before the day following the termination date specified in the notice. 2013, c. 3, s. 31. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 31 - 01/06/2014
94.8 Subject to subsections 94.7 (3) and (4), a co-operative that has given a member a notice of termination under section 94.2 may apply immediately to the Board under section 94.7 for an order terminating the occupancy of the member unit and evicting the member. 2013, c. 3, s. 31. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 31 - 01/06/2014
94.9 In an application to the Board made under section 94.7 or 94.8, the Board shall not inquire into or make any determination as to whether the member’s membership and occupancy rights were properly terminated under section 171.8 of the Co-operative Corporations Act. 2013, c. 3, s. 31. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 31 - 01/06/2014 Application by Co-operative — No Notice of Termination
94.12 (1) Upon an application under section 94.7, 94.8, 94.10 or 94.11 for an order terminating a member’s occupancy of a member unit and evicting a member, the Board may, despite any other provision of this Act, the Co-operative Corporations Act, the by-laws of the co-operative or the occupancy agreement, (a) refuse to grant the application unless satisfied, having regard to all the circumstances, that it would be unfair to refuse; or (b) order that the enforcement of the order be postponed for a period of time. 2013, c. 3, s. 31. Mandatory review (2) If a hearing is held, the Board shall not grant the application unless it has reviewed the circumstances and considered whether or not it should exercise its powers under subsection (1). 2013, c. 3, s. 31. Circumstances where refusal required (3) Without restricting the generality of subsection (1), the Board shall refuse to grant the application where satisfied that, (a) the reason for the application being brought is that the member has attempted to secure or enforce his or her legal rights; (b) the reason for the application being brought is that the member belongs to or participates in a members’ association or is attempting to organize such an association; or (c) the reason for the application being brought is that the member unit is occupied by children and the occupation by the children does not constitute overcrowding. 2013, c. 3, s. 31. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 31 - 01/06/2014 Compensation for Co-operative
94.13 A non-profit housing co-operative is entitled to compensation for the use and occupation of a member unit by a member who does not vacate the member unit after his or her membership and occupancy rights are terminated or expire under the Co-operative Corporations Act. 2013, c. 3, s. 31. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 31 - 01/06/2014 Application for arrears, compensation
94.14 (1) If a non-profit housing co-operative makes an application under section 94.7 based on a notice of termination for a circumstance described in paragraph 3 of subsection 94.2 (1), the co-operative may at the same time also apply to the Board for an order for the payment of arrears of the regular monthly housing charges if, (a) the member has not paid the regular monthly housing charges lawfully owing by the member; and (b) the member is in possession of the member unit. 2013, c. 3, s. 31. Compensation, overholding member (2) If a non-profit housing co-operative makes an application under section 94.7, 94.8, 94.10 or 94.11, and the member is in possession of the member unit after the member’s membership and occupancy rights have terminated or expired under the Co-operative Corporations Act, the co-operative may at the same time also apply to the Board for an order for the payment of compensation for the use and occupation of the member unit after that termination or expiry. 2013, c. 3, s. 31. Amount of arrears of regular monthly housing charges or compensation (3) In determining the amount of arrears of the regular monthly housing charges, compensation or both owing in an order for termination of a member’s occupancy of a member unit and the payment of arrears of regular monthly housing charges, compensation or both, the Board shall subtract from the amount owing the amount of any damage deposit and other refundable amounts that would be owing to the member on termination. 2013, c. 3, s. 31. NSF cheque and other charges (4) On an application by a co-operative under subsection (1), the Board may include the following amounts in determining the total amount owing to the co-operative by a member in respect of a member unit: 1. The amount of NSF cheque charges claimed by the co-operative and charged by financial institutions in respect of cheques tendered to the co-operative by or on behalf of the member, to the extent the co-operative has not been reimbursed for the charges. 2. The amount of unpaid administration charges in respect of the NSF cheques, if claimed by the co-operative. 3. The amount of other unpaid housing charges, other than any refundable amounts, lawfully owing by the member. 2013, c. 3, s. 31. Same (5) On an application by a co-operative under subsection (2), the Board may include the following amounts in determining the total amount owing to the co-operative by a member in respect of a member unit: 1. The amount of NSF cheque charges claimed by the co-operative and charged by financial institutions in respect of cheques tendered to the co-operative by or on behalf of the member, to the extent the co-operative has not been reimbursed for the charges. 2. The amount of unpaid administration charges in respect of the NSF cheques, if claimed by the co-operative. 2013, c. 3, s. 31. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 31 - 01/06/2014
94.15 (1) If a non-profit housing co-operative makes an application under section 94.7 or 94.8 based on a notice of termination for a circumstance described in paragraph 6 or 7 of subsection 94.2 (1), the co-operative may at the same time also apply to the Board for an order requiring the member to pay reasonable costs that the co-operative has incurred or will incur for the repair or, where repairing is not reasonable, the replacement of damaged property, if the member is in possession of the member unit and if the member, another occupant of the member unit or a person whom the member permitted in the residential complex, (a) wilfully or negligently caused undue damage to the member unit or the residential complex where the notice of termination is based on a circumstance described in paragraph 6 of subsection 94.2 (1); or (b) wilfully caused undue damage to the member unit or the residential complex where the notice of termination is based on a circumstance described in paragraph 7 of subsection 94.2 (1). 2013, c. 3, s. 31. Same (2) If the Board makes an order requiring payment under subsection (1) and for the termination of the member’s occupancy of the member unit and the eviction of the member, the Board shall set off against the amount required to be paid the amount of any damage deposit and other refundable amounts that would be owing to the member on termination. 2013, c. 3, s. 31. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 31 - 01/06/2014 Board Proceedings
94.16 (1) Subsections 74 (2) to (19) and sections 75, 76, 79 to 81, 84, 85 and 90 apply with necessary modifications to an application to and an order by the Board under this Part and for that purpose, (a) “tenant” shall be read as “member”; (b) “landlord” shall be read as “non-profit housing co-operative”; (c) “rental unit” shall be read as “member unit”; (d) “residential complex” shall be read as it is defined in this Part; (e) “tenancy” shall be read as “occupancy” and “a tenancy” shall be read as “an occupancy”; (f) “rent” shall be read as “the regular monthly housing charges”; (g) “during the period of the tenant’s tenancy agreement with the landlord” shall be read as “during the period of the member’s membership in the co-operative” and “during the period of the agreement” shall be read as “during that period”. 2013, c. 3, s. 31; 2017, c. 13, s. 20. Same (2) In addition to the necessary modifications in subsection (1), (a) subsection 74 (4) shall be read as if “and” at the end of clause (d) were struck out, and with the following additional clause: (d.1) the amount of unpaid housing charges, other than any refundable amounts, payable by the member as allowed by the Board in an application by the co-operative under section 94.14; and (b) subsection 74 (11) shall be read as including the following paragraph: 4.1 The amount of unpaid housing charges, other than any refundable amounts, payable by the member as allowed by the Board in an application by the co-operative under section 94.14. (c) a reference in subsection 76 (1) to the landlord or other tenants shall be read as referring to the co-operative or other members or occupants; (d) section 90 shall be read as follows: Compensation, misrepresentation of income 90. If a co-operative has given a notice of termination under paragraph 4 of subsection 94.2 (1), the co-operative may, at the same time as it makes an application to the Board to terminate the occupancy of the member unit and evict the member, also apply to the Board for an order for the payment of money the member would have been required to pay if the member had not misrepresented his or her income or that of other members of his or her family, so long as the application is made while the member is in possession of the member unit. (e) a reference to section 69, 78, 83, 86 or 87 shall be read as referring, respectively, to section 94.7, 94.11, 94.12, 94.13 or 94.14; (f) a reference to a notice of termination under section 59, 60 or 61, clause 61 (2) (a), section 62, clause 63 (1) (a) or (b) or section 64, 66 or 67 shall be read as referring to a notice of termination for a circumstance described in paragraph 3, 4 or 5 of subsection 94.2 (1), clause 94.4 (4) (a), or paragraph 6, subparagraph 7 i or ii or paragraph 8, 9 or 10 of subsection 94.2 (1), respectively; and (g) the words and expressions that are the modifications in subsection (1) and in clauses (a) to (f) shall have the meanings given to them in this Part. 2013, c. 3, s. 31. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 31 - 01/06/2014 2017, c. 13, s. 20
- 30/05/2017 Offences Offences
94.17 (1) A person is guilty of an offence if the person knowingly, (a) harasses, hinders, obstructs or interferes with a member in the exercise of, (i) securing a right or seeking relief under this Act in respect of a matter governed by this Part, (ii) participating in a proceeding under this Act in respect of a matter governed by this Part, or (iii) belonging to or participating in a members’ association or attempting to organize a members’ association; (b) harasses, hinders, obstructs or interferes with a non-profit housing co-operative in the exercise of, (i) securing a right or seeking relief under this Act in respect of a matter governed by this Part, or (ii) participating in a proceeding under this Act in respect of a matter governed by this Part; or (c) obtains possession of a member unit improperly by giving a notice under this Act to terminate in bad faith. 2013, c. 3, s. 31. Other offences (2) A person is guilty of an offence if the person recovers possession of a member unit in a manner not authorized or permitted under this Act or the Co-operative Corporations Act. 2013, c. 3, s. 31. Attempts (3) Any person who knowingly attempts to commit any offence referred to in subsection (1) or (2) is guilty of an offence. 2013, c. 3, s. 31. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 31 - 01/06/2014 part vi   assignment, subletting and unauthorized occupancy
96 (1) A tenant may give notice of termination of a tenancy if the circumstances set out in subsection 95 (4) apply.  2006, c. 17, s. 96 (1). Same (2) The date for termination specified in the notice shall be at least a number of days after the date of the notice that is the lesser of the notice period otherwise required under this Act and 30 days.  2006, c. 17, s. 96 (2).
97 (1) A tenant may sublet a rental unit to another person with the consent of the landlord.  2006, c. 17, s. 97 (1). Same (2) A landlord shall not arbitrarily or unreasonably withhold consent to the sublet of a rental unit to a potential subtenant.  2006, c. 17, s. 97 (2). Charges (3) A landlord may charge a tenant only for the landlord’s reasonable out-of-pocket expenses incurred in giving consent to a subletting.  2006, c. 17, s. 97 (3). Consequences of subletting (4) If a tenant has sublet a rental unit to another person, (a) the tenant remains entitled to the benefits, and is liable to the landlord for the breaches, of the tenant’s obligations under the tenancy agreement or this Act during the subtenancy; and (b) the subtenant is entitled to the benefits, and is liable to the tenant for the breaches, of the subtenant’s obligations under the subletting agreement or this Act during the subtenancy.  2006, c. 17, s. 97 (4). Overholding subtenant (5) A subtenant has no right to occupy the rental unit after the end of the subtenancy.  2006, c. 17, s. 97 (5). Application of section (6) This section applies with respect to all tenants, regardless of whether their tenancies are periodic, fixed, contractual or statutory, but does not apply with respect to a tenant of superintendent’s premises.  2006, c. 17, s. 97 (6).
98 (1) A tenant or former tenant of a rental unit may apply to the Board for an order determining that the landlord has arbitrarily or unreasonably withheld consent to the assignment or sublet of a rental unit to a potential assignee or subtenant.  2006, c. 17, s. 98 (1). Time limitation (2) No application may be made under subsection (1) more than one year after the day the alleged conduct giving rise to the application occurred.  2006, c. 17, s. 98 (2). Order re assignment, sublet (3) If the Board determines that a landlord has unlawfully withheld consent to an assignment or sublet in an application under subsection (1), the Board may do one or more of the following: 1. Order that the assignment or sublet is authorized. 2. Where appropriate, by order authorize another assignment or sublet proposed by the tenant. 3. Order that the tenancy be terminated. 4. Order an abatement of the tenant’s or former tenant’s rent.  2006, c. 17, s. 98 (3). Same (4) The Board may establish terms and conditions of the assignment or sublet.  2006, c. 17, s. 98 (4). Same (5) If an order is made under paragraph 1 or 2 of subsection (3), the assignment or sublet shall have the same legal effect as if the landlord had consented to it.  2006, c. 17, s. 98 (5). Eviction with termination order (6) If an order is made terminating a tenancy under paragraph 3 of subsection (3), the Board may order that the tenant be evicted, effective not earlier than the termination date specified in the order.  2006, c. 17, s. 98 (6).
99 The following provisions apply, with necessary modifications, with respect to a tenant who has sublet a rental unit, as if the tenant were the landlord and the subtenant were the tenant: 1. Sections 59 to 69, 87, 89 and 148. 2. The provisions of this Act that relate to applications to the Board under sections 69, 87, 89 and 148.  2006, c. 17, s. 99.
100 (1) If a tenant transfers the occupancy of a rental unit to a person in a manner other than by an assignment authorized under section 95 or a subletting authorized under section 97, the landlord may apply to the Board for an order terminating the tenancy and evicting the tenant and the person to whom occupancy of the rental unit was transferred.  2006, c. 17, s. 100 (1). Time limitation (2) An application under subsection (1) must be made no later than 60 days after the landlord discovers the unauthorized occupancy.  2006, c. 17, s. 100 (2). Compensation (3) A landlord who makes an application under subsection (1) may also apply to the Board for an order for the payment of compensation by the unauthorized occupant for the use and occupation of the rental unit, if the unauthorized occupant is in possession of the rental unit at the time the application is made.  2006, c. 17, s. 100 (3). Application of s. 87 (5) (4) Subsection 87 (5) applies, with necessary modifications, to an application under subsection (3).  2006, c. 17, s. 100 (4).
101 (1) If a subtenant continues to occupy a rental unit after the end of the subtenancy, the landlord or the tenant may apply to the Board for an order evicting the subtenant.  2006, c. 17, s. 101 (1). Time limitation (2) An application under this section must be made within 60 days after the end of the subtenancy.  2006, c. 17, s. 101 (2).
102 A tenant may apply to the Board for an order for compensation for use and occupation by an overholding subtenant after the end of the subtenancy if the overholding subtenant is in possession of the rental unit at the time of the application.  2006, c. 17, s. 102.
103 (1) A landlord is entitled to compensation for the use and occupation of a rental unit by an unauthorized occupant of the unit.  2006, c. 17, s. 103 (1). Effect of payment (2) A landlord does not create a tenancy with an unauthorized occupant of a rental unit by accepting compensation for the use and occupation of the rental unit, unless the landlord and unauthorized occupant agree otherwise.  2006, c. 17, s. 103 (2). Miscellaneous new tenancy agreements
104 (1) If a person occupies a rental unit as a result of an assignment of the unit without the consent of the landlord, the landlord may negotiate a new tenancy agreement with the person.  2006, c. 17, s. 104 (1). Overholding subtenant (2) If a subtenant continues to occupy a rental unit after the end of the subtenancy and the tenant has abandoned the rental unit, the landlord may negotiate a new tenancy agreement with the subtenant.  2006, c. 17, s. 104 (2). Lawful rent (3) Sections 113 and 114 apply to tenancy agreements entered into under subsection (1) or (2) if they are entered into no later than 60 days after the landlord discovers the unauthorized occupancy.  2006, c. 17, s. 104 (3). Deemed assignment (4) A person’s occupation of a rental unit shall be deemed to be an assignment of the rental unit with the consent of the landlord as of the date the unauthorized occupancy began if, (a) a tenancy agreement is not entered into under subsection (1) or (2) within the period set out in subsection (3); (b) the landlord does not apply to the Board under section 100 for an order evicting the person within 60 days of the landlord discovering the unauthorized occupancy; and (c) neither the landlord nor the tenant applies to the Board under section 101 within 60 days after the end of the subtenancy for an order evicting the subtenant.  2006, c. 17, s. 104 (4). part vii   rules relating to rent General Rules
105 (1) The only security deposit that a landlord may collect is a rent deposit collected in accordance with section 106.  2006, c. 17, s. 105 (1). Definition (2) In this section and in section 106, “security deposit” means money, property or a right paid or given by, or on behalf of, a tenant of a rental unit to a landlord or to anyone on the landlord’s behalf to be held by or for the account of the landlord as security for the performance of an obligation or the payment of a liability of the tenant or to be returned to the tenant upon the happening of a condition.  2006, c. 17, s. 105 (2).
106 (1) A landlord may require a tenant to pay a rent deposit with respect to a tenancy if the landlord does so on or before entering into the tenancy agreement.  2006, c. 17, s. 106 (1). Amount of rent deposit (2) The amount of a rent deposit shall not be more than the lesser of the amount of rent for one rent period and the amount of rent for one month.  2006, c. 17, s. 106 (2). Same (3) If the lawful rent increases after a tenant has paid a rent deposit, the landlord may require the tenant to pay an additional amount to increase the rent deposit up to the amount permitted by subsection (2).  2006, c. 17, s. 106 (3); 2013, c. 3, s. 32 (1). Qualification (4) A new landlord of a rental unit or a person who is deemed to be a landlord under subsection 47 (1) of the Mortgages Act shall not require a tenant to pay a rent deposit if the tenant has already paid a rent deposit to the prior landlord of the rental unit.  2006, c. 17, s. 106 (4). Exception (5) Despite subsection (4), if a person becomes a new landlord in a sale from a person deemed to be a landlord under subsection 47 (1) of the Mortgages Act, the new landlord may require the tenant to pay a rent deposit in an amount equal to the amount with respect to the former rent deposit that the tenant received from the proceeds of sale.  2006, c. 17, s. 106 (5); 2013, c. 3, s. 32 (2). Interest (6) A landlord of a rental unit shall pay interest to the tenant annually on the amount of the rent deposit at a rate equal to the guideline determined under section 120 that is in effect at the time payment becomes due.  2006, c. 17, s. 106 (6). Deduction applied to rent deposit (7) The landlord may deduct from the amount payable under subsection (6) the amount, if any, by which the maximum amount of the rent deposit permitted under subsection (2) exceeds the amount of the rent deposit paid by the tenant and the deducted amount shall be deemed to form part of the rent deposit paid by the tenant.  2006, c. 17, s. 106 (7). Transition (8) Despite subsection (6), the first interest payment that becomes due under subsection (6) after the day this subsection comes into force shall be adjusted so that, (a) the interest payable in respect of the period ending before the day this subsection comes into force is based on the annual rate of 6 per cent; and (b) the interest payable in respect of the period commencing on or after the day this subsection comes into force shall be based on the rate determined under subsection (6).  2006, c. 17, s. 106 (8). Deduction of interest from rent (9) Where the landlord has failed to make the payment required by subsection (6) when it comes due, the tenant may deduct the amount of the payment from a subsequent rent payment.  2006, c. 17, s. 106 (9). Rent deposit applied to last rent (10) A landlord shall apply a rent deposit that a tenant has paid to the landlord or to a former landlord in payment of the rent for the last rent period before the tenancy terminates.  2006, c. 17, s. 106 (10). Section Amendments with date in force (d/m/y) 2013, c. 3, s. 32 - 01/06/2014
107 (1) A landlord shall repay the amount received as a rent deposit in respect of a rental unit if vacant possession of the rental unit is not given to the prospective tenant.  2006, c. 17, s. 107 (1). Exception (2) Despite subsection (1), if the prospective tenant, before he or she would otherwise obtain vacant possession of the rental unit, agrees to rent a different rental unit from the landlord, (a) the landlord may apply the amount received as a rent deposit in respect of the other rental unit; and (b) the landlord shall repay only the excess, if any, by which the amount received exceeds the amount of the rent deposit the landlord is entitled to receive under section 106 in respect of the other rental unit.  2006, c. 17, s. 107 (2).
108 Neither a landlord nor a tenancy agreement shall require a tenant or prospective tenant to, (a) provide post-dated cheques or other negotiable instruments for payment of rent; or (b) permit automatic debiting of the tenant’s or prospective tenant’s account at a financial institution, automatic charging of a credit card or any other form of automatic payment for the payment of rent.  2006, c. 17, s. 108; 2009, c. 33, Sched. 21, s. 11 (3, 4). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 11 (3, 4) - 15/12/2009
109 (1) A landlord shall provide free of charge to a tenant or former tenant, on request, a receipt for the payment of any rent, rent deposit, arrears of rent or any other amount paid to the landlord.  2006, c. 17, s. 109 (1). Former tenant (2) Subsection (1) applies to a request by a former tenant only if the request is made within 12 months after the tenancy terminated.  2006, c. 17, s. 109 (2). General Rules Governing Amount of Rent
110 No landlord shall increase the rent charged to a tenant for a rental unit, except in accordance with this Part.  2006, c. 17, s. 110.
111 (1) No landlord shall charge rent for a rental unit in an amount that is greater than the lawful rent permitted under this Part.  2006, c. 17, s. 111 (1). Lawful rent where prompt payment discount (2) The lawful rent is not affected by a discount in rent at the beginning of, or during, a tenancy of up to 2 per cent of the rent that could otherwise be lawfully charged for a rental period if the discount is provided for paying rent on or before the date it is due and the discount meets the prescribed conditions.  2009, c. 33, Sched. 21, s. 11 (5). Lawful rent where another discount (2.1) The lawful rent is not affected if one of the following discounts is provided: 1. A discount in rent at the beginning of, or during, a tenancy that consists of up to three months rent in any 12-month period if the discount is provided in the form of rent-free periods and meets the prescribed conditions. 2. A prescribed discount.  2009, c. 33, Sched. 21, s. 11 (5). Lawful rent where both discounts provided (2.2) For greater certainty, the lawful rent is not affected if discounts described in subsections (2) and (2.1) are both provided.  2009, c. 33, Sched. 21, s. 11 (5). Same (3) Subject to subsections (2) and (2.1), where a landlord offers a discount in rent at the beginning of, or during, a tenancy, the lawful rent shall be calculated in accordance with the prescribed rules.  2006, c. 17, s. 111 (3); 2009, c. 33, Sched. 21, s. 11 (6). Lawful rent where higher rent for first rental period (4) Where the rent a landlord charges for the first rental period of a tenancy is greater than the rent the landlord charges for subsequent rental periods, the lawful rent shall be calculated in accordance with the prescribed rules.  2006, c. 17, s. 111 (4). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 11 (5, 6) - 01/07/2010
112 Unless otherwise prescribed, the lawful rent charged to a tenant for a rental unit for which there is a tenancy agreement in effect on the day this section comes into force shall be the rent that was charged on the day before this section came into force or, if that amount was not lawfully charged under the Tenant Protection Act, 1997, the amount that it was lawful to charge on that day.  2006, c. 17, s. 112.
113 Subject to section 111, the lawful rent for the first rental period for a new tenant under a new tenancy agreement is the rent first charged to the tenant.  2006, c. 17, s. 113.
114 (1) If an order made under paragraph 6, 7 or 8 of subsection 30 (1) is in effect in respect of a rental unit when a new tenancy agreement relating to the rental unit is entered into, the landlord shall, before entering into the new tenancy agreement, give to the new tenant written notice about the lawful rent for the rental unit in accordance with subsection (3).  2006, c. 17, s. 114 (1). Same (2) If an order made under paragraph 6, 7 or 8 of subsection 30 (1) takes effect in respect of a rental unit after a new tenancy agreement relating to the rental unit is entered into but before the tenancy agreement takes effect, the landlord shall, before the tenancy agreement takes effect, give to the new tenant written notice about the lawful rent for the rental unit in accordance with subsection (3).  2006, c. 17, s. 114 (2). Contents of notice (3) A notice given under subsection (1) or (2) shall be in the form approved by the Board and shall set out, (a) information about the order made under paragraph 6, 7 or 8 of subsection 30 (1); (b) the amount of rent that the landlord may lawfully charge the new tenant until the prohibition in the order made under paragraph 6, 7 or 8 of subsection 30 (1) ends; (c) the amount of rent that the landlord may lawfully charge the new tenant after the prohibition in the order made under paragraph 6, 7 or 8 of subsection 30 (1) ends; (d) information about the last lawful rent charged to the former tenant; and (e) such other information as is prescribed.  2006, c. 17, s. 114 (3). Order takes effect after tenancy agreement (4) If an order made under paragraph 6, 7 or 8 of subsection 30 (1) takes effect in respect of a rental unit after a new tenancy agreement relating to the rental unit takes effect, the landlord shall promptly give to the new tenant written notice about the lawful rent for the rental unit in accordance with subsection (5), unless the order was made on the application of the new tenant.  2006, c. 17, s. 114 (4). Contents of notice (5) A notice given under subsection (4) shall be in the form approved by the Board and shall set out, (a) information about the order made under paragraph 6, 7 or 8 of subsection 30 (1); and (b) such other information as is prescribed.  2006, c. 17, s. 114 (5).
115 (1) A new tenant who was entitled to notice under section 114 may apply to the Board for an order, (a) determining the amount of rent that the new tenant may lawfully be charged until the prohibition in the order made under paragraph 6, 7 or 8 of subsection 30 (1) ends; (b) determining the amount of rent that the new tenant may lawfully be charged after the prohibition in the order made under paragraph 6, 7 or 8 of subsection 30 (1) ends; and (c) requiring the landlord to rebate to the new tenant any rent paid by the new tenant in excess of the rent that the tenant may lawfully be charged.  2006, c. 17, s. 115 (1). Time for application (2) No order shall be made under subsection (1) unless the application is made not later than one year after the new tenancy agreement takes effect.  2006, c. 17, s. 115 (2). Failure to comply with s. 114 (3) If, in an application under subsection (1), the Board finds that the landlord has not complied with section 114, the Board may order the landlord to pay to the Board an administrative fine not exceeding the greater of $10,000 and the monetary jurisdiction of the Small Claims Court.  2006, c. 17, s. 115 (3). Information to be filed (4) If an application is made under subsection (1), the landlord shall file with the Board information as prescribed within the time prescribed.  2006, c. 17, s. 115 (4). Application of s. 135 (5) Section 135 does not apply to a new tenant with respect to rent paid by the new tenant in excess of the rent that the tenant could lawfully be charged if an application could have been made under subsection (1) for an order requiring the rebate of the excess.  2006, c. 17, s. 115 (5). Notice of Rent Increase
116 (1) A landlord shall not increase the rent charged to a tenant for a rental unit without first giving the tenant at least 90 days written notice of the landlord’s intention to do so.  2006, c. 17, s. 116 (1). Same (2) Subsection (1) applies even if the rent charged is increased in accordance with an order under section 126.  2006, c. 17, s. 116 (2). Contents of notice (3) The notice shall be in a form approved by the Board and shall set out the landlord’s intention to increase the rent and the amount of the new rent.  2006, c. 17, s. 116 (3). Increase void without notice (4) An increase in rent is void if the landlord has not given the notice required by this section, and the landlord must give a new notice before the landlord can take the increase.  2006, c. 17, s. 116 (4).
117 (1) Despite section 116 but subject to subsections (3) and (4), if an order was issued under paragraph 6 of subsection 30 (1) and a new tenancy agreement was entered into while the order remained in effect, no notice of rent increase is required for the landlord to charge an amount that the landlord would have been entitled to charge in the absence of the order.  2006, c. 17, s. 117 (1). Same (2) Despite section 116 but subject to subsections (3) and (4), if an order was issued under paragraph 8 of subsection 30 (1), no notice of rent increase is required for the landlord to take a rent increase that the landlord would have been entitled to take in the absence of the order.  2006, c. 17, s. 117 (2). Limitation (3) Subsections (1) and (2) apply only where the landlord, (a) has completed the items in work orders for which the compliance period has expired and which were found by the Board to be related to a serious breach of a health, safety, housing or maintenance standard; and (b) has completed the specified repairs or replacements or other work ordered under paragraph 4 of subsection 30 (1) found by the Board to be related to a serious breach of the landlord’s obligations under subsection 20 (1) or section 161.  2006, c. 17, s. 117 (3). Effective date (4) The authority under subsection (1) or (2) to take an increase or charge an amount without a notice of rent increase is effective on the first day of the rental period following the date that the landlord completed, (a) the items in work orders for which the compliance period has expired and which were found by the Board to be related to a serious breach of a health, safety, housing or maintenance standard; and (b) the specified repairs or replacements or other work ordered under paragraph 4 of subsection 30 (1) found by the Board to be related to a serious breach of the landlord’s obligations under subsection 20 (1) or section 161.  2006, c. 17, s. 117 (4). Date of annual increase (5) In determining the effective date of the next lawful rent increase under section 119, (a) an amount charged under subsection (1) shall be deemed to have been charged at the time the landlord would have been entitled to charge it if the order under paragraph 6 of subsection 30 (1) had not been issued; and (b) an increase taken under subsection (2) shall be deemed to have been taken at the time the landlord would have been entitled to take it if the order under paragraph 8 of subsection 30 (1) had not been issued.  2006, c. 17, s. 117 (5).
118 A tenant who does not give a landlord notice of termination of a tenancy under section 47 after receiving notice of an intended rent increase under section 116 shall be deemed to have accepted whatever rent increase would be allowed under this Act after the landlord and the tenant have exercised their rights under this Act.  2006, c. 17, s. 118. 12-Month Rule
119 (1) A landlord who is lawfully entitled to increase the rent charged to a tenant for a rental unit may do so only if at least 12 months have elapsed, (a) since the day of the last rent increase for that tenant in that rental unit, if there has been a previous increase; or (b) since the day the rental unit was first rented to that tenant, if clause (a) does not apply.  2006, c. 17, s. 119 (1). Exception (2) An increase in rent under section 123 shall be deemed not to be an increase in rent for the purposes of this section.  2006, c. 17, s. 119 (2). Guideline
120 (1) No landlord may increase the rent charged to a tenant, or to an assignee under section 95, during the term of their tenancy by more than the guideline, except in accordance with section 126 or 127 or an agreement under section 121 or 123.  2006, c. 17, s. 120 (1). Guideline (2) The Minister shall determine the guideline in effect for each calendar year as follows: 1. Subject to the limitation set out in paragraph 2, the guideline for a calendar year is the percentage change from year to year in the Consumer Price Index for Ontario for prices of goods and services as reported monthly by Statistics Canada, averaged over the 12-month period that ends at the end of May of the previous calendar year, rounded to the first decimal point. 2. The guideline for a calendar year shall be not more than 2.5 per cent.  2012, c. 6, s. 1. Publication of guideline (3) The Minister shall have the guideline for each calendar year published in The Ontario Gazette not later than August 31 of the preceding year.  2012, c. 6, s. 1. Guideline for 2021 (3.1) The guideline for the calendar year 2021 is zero per cent, despite subsection (2) and despite the guideline published under subsection (3) in The Ontario Gazette for 2021. 2020, c. 23, Sched. 7, s. 1. Same (3.2) The Minister is not required to have the guideline for the calendar year 2021, as set out in subsection (3.1), published in The Ontario Gazette. 2020, c. 23, Sched. 7, s. 1. Transition (4) The guideline for the calendar year in which the commencement date occurs is the guideline established for that year under this section as it read immediately before the commencement date.  2012, c. 6, s. 1. Same (5) If the commencement date occurs on or after September 1 in a calendar year, the guideline for the following calendar year is the guideline established for that year under this section as it read immediately before the commencement date.  2012, c. 6, s. 1. Review by Minister (6) The Minister shall initiate a review of the operation of this section within four years after the commencement date and thereafter within four years after the end of the previous review.  2012, c. 6, s. 1. Definition (7) In subsections (4), (5) and (6), “commencement date” means the day section 1 of the Residential Tenancies Amendment Act (Rent Increase Guideline), 2012
comes into force.  2012, c. 6, s. 1. Section Amendments with date in force (d/m/y) 2012, c. 6, s. 1 - 19/06/2012 2020, c. 23, Sched. 7, s. 1 - 01/10/2020
121 (1) A landlord and a tenant may agree to increase the rent charged to the tenant for a rental unit above the guideline if, (a) the landlord has carried out or undertakes to carry out a specified capital expenditure in exchange for the rent increase; or (b) the landlord has provided or undertakes to provide a new or additional service in exchange for the rent increase.  2006, c. 17, s. 121 (1). Form (2) An agreement under subsection (1) shall be in the form approved by the Board and shall set out the new rent, the tenant’s right under subsection (4) to cancel the agreement and the date the agreement is to take effect.  2006, c. 17, s. 121 (2). Maximum increase (3) A landlord shall not increase rent charged under this section by more than the guideline plus 3 per cent of the previous lawful rent charged.  2006, c. 17, s. 121 (3). Right to cancel (4) A tenant who enters into an agreement under this section may cancel the agreement by giving written notice to the landlord within five days after signing it.  2006, c. 17, s. 121 (4). Agreement in force (5) An agreement under this section may come into force no earlier than six days after it has been signed.  2006, c. 17, s. 121 (5). Notice of rent increase not required (6) Section 116 does not apply with respect to a rent increase under this section.  2006, c. 17, s. 121 (6). When prior notice void (7) Despite any deemed acceptance of a rent increase under section 118, if a landlord and tenant enter into an agreement under this section, a notice of rent increase given by the landlord to the tenant before the agreement was entered into becomes void when the agreement takes effect, if the notice of rent increase is to take effect on or after the day the agreed to increase is to take effect.  2006, c. 17, s. 121 (7).
122 (1) A tenant or former tenant may apply to the Board for relief if the landlord and the tenant or former tenant agreed to an increase in rent under section 121 and, (a) the landlord has failed in whole or in part to carry out an undertaking under the agreement; (b) the agreement was based on work that the landlord claimed to have done but did not do; or (c) the agreement was based on services that the landlord claimed to have provided but did not do so.  2006, c. 17, s. 122 (1). Time limitation (2) No application may be made under this section more than two years after the rent increase becomes effective.  2006, c. 17, s. 122 (2). Order (3) In an application under this section, the Board may find that some or all of the rent increase above the guideline is invalid from the day on which it took effect and may order the rebate of any money consequently owing to the tenant or former tenant.  2006, c. 17, s. 122 (3).
123 (1) A landlord may increase the rent charged to a tenant for a rental unit as prescribed at any time if the landlord and the tenant agree that the landlord will add any of the following with respect to the tenant’s occupancy of the rental unit: 1. A parking space. 2. A prescribed service, facility, privilege, accommodation or thing.  2006, c. 17, s. 123 (1). Application (2) Subsection (1) applies despite sections 116 and 119 and despite any order under paragraph 6 of subsection 30 (1).  2006, c. 17, s. 123 (2).
124 An agreement under section 121 or 123 is void if it has been entered into as a result of coercion or as a result of a false, incomplete or misleading representation by the landlord or an agent of the landlord.  2006, c. 17, s. 124.
125 A landlord shall decrease the rent charged to a tenant for a rental unit as prescribed if the landlord and the tenant agree that the landlord will cease to provide anything referred to in subsection 123 (1) with respect to the tenant’s occupancy of the rental unit.  2006, c. 17, s. 125. Landlord Application for Rent Increase
127 Despite clause 126 (11) (b), if an order is made under subsection 126 (10) with respect to a rental unit and a landlord has not yet taken all the increases in rent for the rental unit permissible under a previous order pursuant to clause 126 (11) (b), the landlord may increase the rent for the rental unit in accordance with the prescribed rules.  2006, c. 17, s. 127. Reductions of Rent