jswizzle3737/ontario_laws_and_regs huggingface dataset:
128 (1) This section applies with respect to an order issued under subsection 126 (10), on an application made under subsection 126 (1) before the day subsection 22 (1) of the Rental Fairness Act, 2017 comes into force, permitting an increase in rent that is due in whole or in part to an extraordinary increase in the cost for utilities. 2017, c. 13, s. 23 (1). Information for tenant (2) If a landlord increases the rent charged to a tenant for a rental unit pursuant to an order described in subsection (1), the landlord shall, in accordance with the prescribed rules, provide that tenant with information on the total cost of utilities for the residential complex.  2006, c. 17, s. 128 (2). Rent reduction (3) If a landlord increases the rent charged to a tenant for a rental unit pursuant to an order described in subsection (1) and the cost of utilities for the residential complex decreases by more than the prescribed percentage in the prescribed period, the landlord shall reduce the rent charged to that tenant in accordance with the prescribed rules.  2006, c. 17, s. 128 (3). Application (4) This section ceases to apply to a tenant of a rental unit in respect of a utility if the landlord ceases to provide the utility to the rental unit in accordance with this Act or an agreement between the landlord and that tenant.  2006, c. 17, s. 128 (4). Transition, subs. (1) (5) Subsection (1), as it reads immediately before the day subsection 23 (1) of the Rental Fairness Act, 2017
comes into force, continues to apply with respect to applications for an above-guideline rent increase due in whole or in part to an extraordinary increase in the cost for utilities that are made before the day subsection 22 (1) of that Act comes into force and have not been finally determined before the day subsection 23 (1) of that Act comes into force. 2017, c. 13, s. 23 (2). Section Amendments with date in force (d/m/y) 2017, c. 13, s. 23 (1, 2) - 01/01/2018
129 If the Board issues an order under subsection 126 (10) permitting an increase in rent that is due in whole or in part to eligible capital expenditures, (a) the Board shall specify in the order the percentage increase that is attributable to the eligible capital expenditures; (b) the Board shall specify in the order a date, determined in accordance with the prescribed rules, for the purpose of clause (c); and (c) the order shall require that, (i) if the rent charged to a tenant for a rental unit is increased pursuant to the order by the maximum percentage permitted by the order and the tenant continues to occupy the rental unit on the date specified under clause (b), the landlord shall, on that date, reduce the rent charged to that tenant by the percentage specified under clause (a); and (ii) if the rent charged to a tenant for a rental unit is increased pursuant to the order by less than the maximum percentage permitted by the order and the tenant continues to occupy the rental unit on the date specified under clause (b), the landlord shall, on that date, reduce the rent charged to that tenant by a percentage determined in accordance with the prescribed rules that is equal to or lower than the percentage specified under clause (a).  2006, c. 17, s. 129.
130 (1) A tenant of a rental unit may apply to the Board for an order for a reduction of the rent charged for the rental unit due to a reduction or discontinuance in services or facilities provided in respect of the rental unit or the residential complex.  2006, c. 17, s. 130 (1). Same, former tenant (2) A former tenant of a rental unit may apply under this section as a tenant of the rental unit if the person was affected by the discontinuance or reduction of the services or facilities while the person was a tenant of the rental unit.  2006, c. 17, s. 130 (2). Order re lawful rent (3) The Board shall make findings in accordance with the prescribed rules and may order, (a) that the rent charged be reduced by a specified amount; (b) that there be a rebate to the tenant of any rent found to have been unlawfully collected by the landlord; (c) that the rent charged be reduced by a specified amount for a specified period if there has been a temporary reduction in a service.  2006, c. 17, s. 130 (3). Same (4) An order under this section reducing rent takes effect on the day that the discontinuance or reduction first occurred.  2006, c. 17, s. 130 (4). Same, time limitation (5) No application may be made under this section more than one year after a reduction or discontinuance in a service or facility.  2006, c. 17, s. 130 (5).
131 (1) If the municipal property tax for a residential complex is reduced by more than the prescribed percentage, the lawful rent for each of the rental units in the complex is reduced in accordance with the prescribed rules.  2006, c. 17, s. 131 (1). Effective date (2) The rent reduction shall take effect on the date determined by the prescribed rules, whether or not notice has been given under subsection (3).  2006, c. 17, s. 131 (2). Notice (3) If, for a residential complex with at least the prescribed number of rental units, the rents that the tenants are required to pay are reduced under subsection (1), the local municipality in which the residential complex is located shall, within the prescribed period and by the prescribed method of service, notify the landlord and all of the tenants of the residential complex of that fact.  2006, c. 17, s. 131 (3). Same (4) The notice shall be in writing in a form approved by the Board and shall, (a) inform the tenants that their rent is reduced; (b) set out the percentage by which their rent is reduced and the date the reduction takes effect; (c) inform the tenants that if the rent is not reduced in accordance with the notice they may apply to the Board under section 135 for the return of money illegally collected; and (d) advise the landlord and the tenants of their right to apply for an order under section 132.  2006, c. 17, s. 131 (4). Same (5) A local municipality that gives a notice under this section shall, on request, give a copy to the Board or to the Ministry.  2006, c. 17, s. 131 (5).
132 (1) A landlord or a tenant may apply to the Board under the prescribed circumstances for an order varying the amount by which the rent charged is to be reduced under section 131.  2006, c. 17, s. 132 (1). Same (2) An application under subsection (1) must be made within the prescribed time.  2006, c. 17, s. 132 (2). Determination and order (3) The Board shall determine an application under this section in accordance with the prescribed rules and shall issue an order setting out the percentage of the rent reduction.  2006, c. 17, s. 132 (3). Same (4) An order under this section shall take effect on the effective date determined under subsection 131 (2).  2006, c. 17, s. 132 (4).
133 (1) A tenant of a rental unit may apply to the Board for an order for a reduction of the rent charged for the rental unit due to a reduction in the municipal taxes and charges for the residential complex.  2006, c. 17, s. 133 (1). Order (2) The Board shall make findings in accordance with the prescribed rules and may order that the rent charged for the rental unit be reduced.  2006, c. 17, s. 133 (2). Effective date (3) An order under this section takes effect on a date determined in accordance with the prescribed rules.  2006, c. 17, s. 133 (3). Illegal Additional Charges
134 (1) Unless otherwise prescribed, no landlord shall, directly or indirectly, with respect to any rental unit, (a) collect or require or attempt to collect or require from a tenant, prospective tenant or former tenant of the rental unit a fee, premium, commission, bonus, penalty, key deposit or other like amount of money whether or not the money is refundable; (b) require or attempt to require a tenant or prospective tenant to pay any consideration for goods or services as a condition for granting the tenancy or continuing to permit occupancy of a rental unit if that consideration is in addition to the rent the tenant is lawfully required to pay to the landlord; or (c) rent any portion of the rental unit for a rent which, together with all other rents payable for all other portions of the rental unit, is a sum that is greater than the rent the landlord may lawfully charge for the rental unit.  2006, c. 17, s. 134 (1); 2017, c. 13, s. 24 (1). Same (1.1) No landlord shall, directly or indirectly, with respect to any rental unit, collect or require or attempt to collect or require from a former tenant of the rental unit any amount of money purporting to be rent in respect of, (a) any period after the tenancy has terminated and the tenant has vacated the rental unit; or (b) any period after the tenant’s interest in the tenancy has terminated and the tenant has vacated the rental unit. 2017, c. 13, s. 24 (2). Same (2) No superintendent, property manager or other person who acts on behalf of a landlord with respect to a rental unit shall, directly or indirectly, with or without the authority of the landlord, do any of the things prohibited under clause (1) (a), (b) or (c) or subsection (1.1) with respect to that rental unit.  2006, c. 17, s. 134 (2); 2017, c. 13, s. 24 (3). Same (3) Unless otherwise prescribed, no tenant and no person acting on behalf of the tenant shall, directly or indirectly, (a) sublet a rental unit for a rent that is payable by one or more subtenants and that is greater than the rent that is lawfully charged by the landlord for the rental unit; (b) collect or require or attempt to collect or require from any person any fee, premium, commission, bonus, penalty, key deposit or other like amount of money, for subletting a rental unit, for surrendering occupancy of a rental unit or for otherwise parting with possession of a rental unit; or (c) require or attempt to require a person to pay any consideration for goods or services as a condition for the subletting, assignment or surrender of occupancy or possession in addition to the rent the person is lawfully required to pay to the tenant or landlord.  2006, c. 17, s. 134 (3). Section Amendments with date in force (d/m/y) 2017, c. 13, s. 24 (1)
- 01/01/2018; 2017, c. 13, s. 24 (2, 3)
- 30/05/2017 Money Collected Illegally
135 (1) A tenant or former tenant of a rental unit may apply to the Board for an order that the landlord, superintendent or agent of the landlord pay to the tenant any money the person collected or retained in contravention of this Act or the Tenant Protection Act, 1997.  2006, c. 17, s. 135 (1). Failure to compensate under s. 48.1, 49.1, 52, 54 or 55 (1.1) Without limiting the generality of subsection (1), a landlord is deemed to have retained money in contravention of this Act, if the landlord is required to compensate a tenant under section 48.1, 49.1, 52, 54 or 55 and fails to compensate the tenant as required. 2017, c. 13, s. 25; 2020, c. 16, Sched. 4, s. 23. Prospective tenants (2) A prospective tenant may apply to the Board for an order under subsection (1).  2006, c. 17, s. 135 (2). Subtenants (3) A subtenant may apply to the Board for an order under subsection (1) as if the subtenant were the tenant and the tenant were the landlord.  2006, c. 17, s. 135 (3). Time limitation (4) No order shall be made under this section with respect to an application filed more than one year after the person collected or retained money in contravention of this Act or the Tenant Protection Act, 1997.  2006, c. 17, s. 135 (4). Section Amendments with date in force (d/m/y) 2017, c. 13, s. 25
- 01/09/2017 2020, c. 16, Sched. 4, s. 23 - 21/07/2020
135.1 (1) An increase in rent that would otherwise be void under subsection 116 (4) is deemed not to be void if the tenant has paid the increased rent in respect of each rental period for at least 12 consecutive months. 2020, c. 16, Sched. 4, s. 24. Non-application (2) Subsection (1) does not apply with respect to an increase in rent if the tenant has, within one year after the date the increase was first charged, made an application in which the validity of the rent increase is in issue. 2020, c. 16, Sched. 4, s. 24. Deemed compliance with s. 116 (3) For greater certainty, if subsection (1) applies with respect to an increase in rent, section 116 is deemed to have been complied with. 2020, c. 16, Sched. 4, s. 24. Application of s. 136 (4) For greater certainty, nothing in this section limits the application of section 136. 2020, c. 16, Sched. 4, s. 24. Transition (5) This section applies with respect to an increase in rent even if it was first charged before the day the Protecting Tenants and Strengthening Community Housing Act, 2020
receives Royal Assent, provided the validity of the rent increase was not finally determined by the Board before that day. 2020, c. 16, Sched. 4, s. 24. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 4, s. 24 - 21/07/2020
136 (1) Rent charged one or more years earlier shall be deemed to be lawful rent unless an application has been made within one year after the date that amount was first charged and the lawfulness of the rent charged is in issue in the application.  2006, c. 17, s. 136 (1). Increase deemed lawful (2) An increase in rent shall be deemed to be lawful unless an application has been made within one year after the date the increase was first charged and the lawfulness of the rent increase is in issue in the application.  2006, c. 17, s. 136 (2). s. 122 prevails (3) Nothing in this section shall be interpreted to deprive a tenant of the right to apply for and get relief in an application under section 122 within the time period set out in that section.  2006, c. 17, s. 136 (3). PART VII.1   Rent Freeze, 2021 Rent freeze period
136.1 (1) In this section, “rent freeze period” means the period that begins on January 1, 2021 and ends on December 31, 2021.  2020, c. 23, Sched. 7, s. 2. Non-application, certain rent increases (2) This section does not apply with respect to, (a) accommodation described in clause 6 (1) (a) or (b); (b) an increase in rent for a rental unit taken in accordance with an agreement under section 121 or 123; (c) an increase in rent for a rental unit permitted under subsection 126 (10) or section 127 for, (i) an extraordinary increase in the cost for municipal taxes and charges as described in paragraph 1 of subsection 126 (1), if the increase in rent is permitted by an order of the Board that was issued before the day the Helping Tenants and Small Businesses Act, 2020 receives Royal Assent, (ii) eligible capital expenditures as described in paragraph 2 of subsection 126 (1), or (iii) operating costs related to security services as described in paragraph 3 of subsection 126 (1); or (d) an increase in rent payable by an assignee under a tenancy agreement for a site for a mobile home or a site on which there is a land lease home in accordance with section 165. 2020, c. 23, Sched. 7, s. 2. No rent increase during rent freeze period (3) No landlord shall increase the rent charged to a tenant during the rent freeze period, even if notice of the increase was given before the day the Helping Tenants and Small Businesses Act, 2020 receives Royal Assent. 2020, c. 23, Sched. 7, s. 2. Clarification, notice during rent freeze period (4) For greater certainty, nothing in subsection (3) prohibits a landlord from giving a notice during the rent freeze period of a rent increase that takes effect after the rent freeze period. 2020, c. 23, Sched. 7, s. 2. Conflict, Housing Services Act, 2011, rent geared to income (5) For greater certainty, in the event of a conflict between this section and a regulation made under section 50 of the Housing Services Act, 2011, this section prevails. 2020, c. 23, Sched. 7, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 23, Sched. 7, s. 2 - 01/10/2020 PART VIII   SUITE METERS AND APPORTIONMENT OF UTILITY COSTS
139 (1) There shall be a written tenancy agreement relating to the tenancy of every tenant in a care home.  2006, c. 17, s. 139 (1). Contents of agreement (2) The agreement shall set out what has been agreed to with respect to care services and meals and the charges for them.  2006, c. 17, s. 139 (2). Compliance (3) If, on application by a tenant, the Board determines that subsection (1) or (2) has not been complied with, the Board may make an order for an abatement of rent.  2006, c. 17, s. 139 (3).
140 (1) Before entering into a tenancy agreement with a new tenant in a care home, the landlord shall give to the new tenant an information package containing the prescribed information.  2006, c. 17, s. 140 (1). Effect of non-compliance (2) The landlord shall not give a notice of rent increase or a notice of increase of a charge for providing a care service or meals until after giving the required information package to the tenant.  2006, c. 17, s. 140 (2). Tenancy agreement: consultation, cancellation
141 (1) Every tenancy agreement relating to the tenancy of a tenant in a care home shall contain a statement that the tenant has the right to consult a third party with respect to the agreement and to cancel the agreement within five days after the agreement has been entered into.  2006, c. 17, s. 141 (1). Cancellation (2) The tenant may cancel the tenancy agreement by written notice to the landlord within five days after entering into it.  2006, c. 17, s. 141 (2).
142 (1) Despite section 25, a landlord may enter a rental unit in a care home at regular intervals to check the condition of a tenant in accordance with the tenancy agreement if the agreement requires the landlord to do so.  2006, c. 17, s. 142 (1). Right to revoke provision (2) A tenant whose tenancy agreement contains a provision requiring the landlord to regularly check the condition of the tenant may unilaterally revoke that provision by written notice to the landlord.  2006, c. 17, s. 142 (2).
143 A landlord may withhold consent to an assignment or subletting of a rental unit in a care home if the effect of the assignment or subletting would be to admit a person to the care home contrary to the admission requirements or guidelines set by the landlord.  2006, c. 17, s. 143.
144 (1) A landlord may, by notice, terminate the tenancy of a tenant in a care home if, (a) the rental unit was occupied solely for the purpose of receiving rehabilitative or therapeutic services agreed upon by the tenant and the landlord; (b) no other tenant of the care home occupying a rental unit solely for the purpose of receiving rehabilitative or therapeutic services is permitted to live there for longer than the prescribed period; and (c) the period of tenancy agreed to has expired.  2006, c. 17, s. 144 (1). Period of notice (2) The date for termination specified in the notice shall be at least the number of days after the date the notice is given that is set out in section 44 and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term.  2006, c. 17, s. 144 (2).
145 (1) Despite section 44, a tenant of a care home may terminate a tenancy at any time by giving at least 30 days notice of termination to the landlord.  2006, c. 17, s. 145 (1). Care services and meals (2) A tenant who terminates a tenancy under subsection (1) may require the landlord to stop the provision of care services and meals before the date the tenancy terminates by giving at least 10 days notice to the landlord.  2006, c. 17, s. 145 (2). Same (3) The tenant has no obligation to pay for care services and meals that would otherwise have been provided under the tenancy agreement after the date the landlord is required to stop the provision of care services and meals under subsection (2).  2006, c. 17, s. 145 (3). Same (4) The estate of a tenant has no obligation to pay for care services and meals that would otherwise have been provided under the tenancy agreement more than 10 days after the death of the tenant.  2006, c. 17, s. 145 (4).
146 (1) A landlord who gives a tenant of a care home a notice of termination under section 50 shall make reasonable efforts to find appropriate alternate accommodation for the tenant.  2006, c. 17, s. 146 (1). Same (2) Sections 52 and 54 do not apply with respect to a tenant of a care home who receives a notice of termination under section 50 and chooses to take alternate accommodation found by the landlord for the tenant under subsection (1).  2006, c. 17, s. 146 (2); 2009, c. 33, Sched. 21, s. 11 (7). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 11 (7) - 15/12/2009
147 A landlord shall not, (a) do anything to prevent a tenant of a care home from obtaining care services from a person of the tenant’s choice that are in addition to care services provided under the tenancy agreement; or (b) interfere with the provision of care services to a tenant of a care home, by a person of the tenant’s choice, that are in addition to care services provided under the tenancy agreement.  2006, c. 17, s. 147. Transferring Tenancy Transferring tenancy
148 (1) A landlord may apply to the Board for an order transferring a tenant out of a care home and evicting the tenant if, (a) the tenant no longer requires the level of care provided by the landlord; or (b) the tenant requires a level of care that the landlord is not able to provide.  2006, c. 17, s. 148 (1). Order (2) The Board may issue an order under clause (1) (b) only if it is satisfied that, (a) appropriate alternate accommodation is available for the tenant; and (b) the level of care that the landlord is able to provide when combined with the community based services provided to the tenant in the care home cannot meet the tenant’s care needs.  2006, c. 17, s. 148 (2). Mandatory mediation (3) If a dispute arises, the dispute shall be sent to mediation before the Board makes an order.  2006, c. 17, s. 148 (3). Same (4) If the landlord fails to participate in the mediation, the Board may dismiss the landlord’s application.  2006, c. 17, s. 148 (4). Rules Related to Rent and Other Charges
149 If there is more than one tenancy agreement for a rental unit in a care home, the provisions of Part VII apply with respect to each tenancy agreement as if it were an agreement for a separate rental unit.  2006, c. 17, s. 149; 2017, c. 13, s. 26. Section Amendments with date in force (d/m/y) 2017, c. 13, s. 26
- 30/05/2017
150 (1) A landlord shall not increase a charge for providing a care service or meals to a tenant of a rental unit in a care home without first giving the tenant at least 90 days notice of the landlord’s intention to do so.  2006, c. 17, s. 150 (1). Contents of notice (2) The notice shall be in writing in the form approved by the Board and shall set out the landlord’s intention to increase the charge and the new charges for care services and meals.  2006, c. 17, s. 150 (2). Effect of non-compliance (3) An increase in a charge for a care service or meals 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. 150 (3).
151 (1) Nothing in subsection 134 (1) limits the right of a landlord to charge a tenant of a rental unit in a care home for providing care services or meals to the tenant so long as the landlord has complied with the requirements of sections 140 and 150.  2006, c. 17, s. 151 (1). Same (2) Nothing in subsection 134 (3) limits the right of a tenant or a person acting on behalf of a tenant to charge a subtenant of a rental unit in a care home for providing care services or meals to the subtenant.  2006, c. 17, s. 151 (2). part x   mobile home parks and land lease communities General
152 (1) This Part applies with respect to tenancies in mobile home parks.  2006, c. 17, s. 152 (1). Same; land lease communities (2) This Part applies with necessary modifications with respect to tenancies in land lease communities, as if the tenancies were in mobile home parks.  2006, c. 17, s. 152 (2).
153 A reference in this Part to a tenant’s mobile home shall be interpreted to be a reference to a mobile home owned by the tenant and situated within a mobile home park of the landlord with whom the tenant has a tenancy agreement.  2006, c. 17, s. 153. Responsibilities of Landlords and Tenants
154 (1) If a landlord establishes rules for a mobile home park, (a) the landlord shall provide a written copy of the rules to each tenant; and (b) the landlord shall inform each tenant in writing of any change to the rules.  2006, c. 17, s. 154 (1). Failure to comply (2) Until a landlord has complied with clause (1) (a) or (b), as the case may be, (a) the tenant’s obligation to pay rent is suspended; and (b) the landlord shall not require the tenant to pay rent.  2006, c. 17, s. 154 (2). After compliance (3) After the landlord has complied with clause (1) (a) or (b), as the case may be, the landlord may require the tenant to pay any rent withheld by the tenant under subsection (2).  2006, c. 17, s. 154 (3).
155 (1) If a tenant is obligated to pay a landlord an amount to reimburse the landlord for property taxes paid by the landlord with respect to a mobile home owned by the tenant and the landlord obtains information from the Municipal Property Assessment Corporation with respect to the value of the mobile home for assessment purposes, the landlord shall promptly provide the tenant with a copy of that information.  2006, c. 17, s. 155 (1). Suspension of tenant’s obligation to pay (2) A tenant’s obligation to pay the landlord an amount to reimburse the landlord for property taxes paid by the landlord with respect to a mobile home owned by the tenant is suspended, and the landlord shall not require the tenant to pay that amount, if, (a) the landlord has failed to comply with subsection (1) with respect to the most recent information obtained by the landlord from the Municipal Property Assessment Corporation; or (b) the landlord has not, in the previous 12 months, obtained written information from the Municipal Property Assessment Corporation with respect to the value of the mobile home for assessment purposes.  2006, c. 17, s. 155 (2). Exception (3) Clause (2) (b) does not apply if the landlord has made reasonable efforts in the previous 12 months to obtain written information from the Municipal Property Assessment Corporation with respect to the value of the mobile home for assessment purposes but has been unable to obtain the information.  2006, c. 17, s. 155 (3). After compliance (4) The landlord may require the tenant to pay any amount withheld by the tenant under subsection (2) after, (a) complying with subsection (1), if clause (2) (a) applied; or (b) obtaining written information from the Municipal Property Assessment Corporation with respect to the value of the mobile home for assessment purposes and complying with subsection (1), if clause (2) (b) applied.  2006, c. 17, s. 155 (4).
156 (1) A tenant has the right to sell or lease his or her mobile home without the landlord’s consent.  2006, c. 17, s. 156 (1). Landlord as agent (2) A landlord may act as the agent of a tenant in negotiations to sell or lease a mobile home only in accordance with a written agency contract entered into for the purpose of beginning those negotiations.  2006, c. 17, s. 156 (2). Same (3) A provision in a tenancy agreement requiring a tenant who owns a mobile home to use the landlord as an agent for the sale of the mobile home is void.  2006, c. 17, s. 156 (3).
157 (1) This section applies if a tenancy agreement with respect to a mobile home contains a provision prohibiting the tenant from selling the mobile home without first offering to sell it to the landlord.  2006, c. 17, s. 157 (1). Same (2) If a tenant receives an acceptable offer to purchase a mobile home, the landlord has a right of first refusal to purchase the mobile home at the price and subject to the terms and conditions in the offer.  2006, c. 17, s. 157 (2). Same (3) A tenant shall give a landlord at least 72 hours notice of a person’s offer to purchase a mobile home before accepting the person’s offer.  2006, c. 17, s. 157 (3). Landlord’s purchase at reduced price (4) If a provision described in subsection (1) permits a landlord to purchase a mobile home at a price that is less than the one contained in a prospective purchaser’s offer to purchase, the landlord may exercise the option to purchase the mobile home, but the provision is void with respect to the landlord’s right to purchase the mobile home at the lesser price.  2006, c. 17, s. 157 (4). Advertising a sale
158 (1) A landlord shall not prevent a tenant who owns a mobile home from placing in a window of the mobile home a sign that the home is for sale, unless the landlord does so in accordance with subsection (2).  2006, c. 17, s. 158 (1). Alternative method of advertising a sale (2) A landlord may prevent a tenant who owns a mobile home from placing a for sale sign in a window of a mobile home if all of the following conditions are met: 1. The prohibition applies to all tenants in the mobile home park. 2. The landlord provides a bulletin board for the purpose of placing for sale advertisements. 3. The bulletin board is provided to all tenants in the mobile home park free of charge. 4. The bulletin board is placed in a prominent place and is accessible to the public at all reasonable times.  2006, c. 17, s. 158 (2).
159 (1) If a tenant has sold or entered into an agreement to sell the tenant’s mobile home and the tenant asks the landlord to consent to the assignment of the site for the mobile home to the purchaser of the mobile home, (a) clause 95 (3) (c) does not apply; and (b) the landlord may not refuse consent to the assignment unless, on application under subsection (2), the Board determines that the landlord’s grounds for refusing consent are reasonable.  2006, c. 17, s. 159 (1). Time for application (2) The landlord may apply to the Board, within 15 days after the tenant asks the landlord to consent to the assignment, for a determination of whether the landlord’s grounds for refusing consent are reasonable.  2006, c. 17, s. 159 (2). Contents of application (3) The landlord shall set out in the application the landlord’s grounds for refusing consent.  2006, c. 17, s. 159 (3). Deemed consent (4) If the landlord does not apply to the Board in accordance with subsections (2) and (3), or the Board determines that the landlord’s grounds for refusing consent are not reasonable, the landlord shall be deemed to have consented to the assignment.  2006, c. 17, s. 159 (4).
160 (1) A landlord shall not restrict the right of a tenant to purchase goods or services from the person of his or her choice, except as provided in subsection (2).  2006, c. 17, s. 160 (1). Standards (2) A landlord may set reasonable standards for mobile home equipment.  2006, c. 17, s. 160 (2).
161 In addition to a landlord’s obligations under section 20, a landlord is responsible for, (a) removing or disposing of garbage or ensuring the availability of a means for removing or disposing of garbage in the mobile home park at reasonable intervals; (b) maintaining mobile home park roads in a good state of repair; (c) removing snow from mobile home park roads; (d) maintaining the water supply, sewage disposal, fuel, drainage and electrical systems in the mobile home park in a good state of repair; (e) maintaining the mobile home park grounds and all buildings, structures, enclosures and equipment intended for the common use of tenants in a good state of repair; and (f) repairing damage to a tenant’s property, if the damage is caused by the wilful or negligent conduct of the landlord.  2006, c. 17, s. 161. Termination of Tenancies
162 (1) This section applies if, (a) the tenant has vacated the mobile home in accordance with, (i) a notice of termination of the landlord or the tenant, (ii) an agreement between the landlord and tenant to terminate the tenancy, or (iii) an order of the Board terminating the tenancy or evicting the tenant; or (b) the landlord has applied for an order under section 79 and the Board has made an order terminating the tenancy.  2006, c. 17, s. 162 (1). Notice to tenant (2) The landlord shall not dispose of a mobile home without first notifying the tenant of the landlord’s intention to do so, (a) by registered mail, sent to the tenant’s last known mailing address; and (b) by causing a notice to be published in a newspaper having general circulation in the locality in which the mobile home park is located.  2006, c. 17, s. 162 (2). Landlord may dispose of mobile home (3) The landlord may sell, retain for the landlord’s own use or dispose of a mobile home in the circumstances described in subsection (1) beginning 60 days after the notices referred to in subsection (2) have been given if the tenant has not made a claim with respect to the landlord’s intended disposal.  2006, c. 17, s. 162 (3). Same (4) If, within six months after the day the notices have been given under subsection (2), the tenant makes a claim for a mobile home which the landlord has already sold, the landlord shall pay to the tenant the amount by which the proceeds of sale exceed the sum of, (a) the landlord’s reasonable out-of-pocket expenses incurred with respect to the mobile home; and (b) any arrears of rent of the tenant.  2006, c. 17, s. 162 (4). Same (5) If, within six months after the day the notices have been given under subsection (2), the tenant makes a claim for a mobile home which the landlord has retained for the landlord’s own use, the landlord shall return the mobile home to the tenant.  2006, c. 17, s. 162 (5). Same (6) Before returning a mobile home to a tenant who claims it within the 60 days referred to in subsection (3) or the six months referred to in subsection (5), the landlord may require the tenant to pay the landlord for arrears of rent and any reasonable expenses incurred by the landlord with respect to the mobile home.  2006, c. 17, s. 162 (6). No liability (7) Subject to subsection (4) or (5), a landlord is not liable to any person for selling, retaining or otherwise disposing of a tenant’s mobile home in accordance with this section.  2006, c. 17, s. 162 (7).
163 Sections 91 and 92 do not apply if the tenant owns the mobile home.  2006, c. 17, s. 163.
164 (1) If a notice of termination is given under section 50 with respect to a tenancy agreement between the landlord and a tenant who owns a mobile home, the date for termination specified in the notice shall, despite subsection 50 (2), be at least one year after the date the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term.  2006, c. 17, s. 164 (1). Same (2) If a notice of termination is given under section 50 with respect to a tenancy agreement between the landlord and a tenant who owns a mobile home and the tenant is entitled to compensation under section 52, 54 or 55, the amount of the compensation shall, despite those sections, be equal to the lesser of the following amounts: 1. One year’s rent. 2. $3,000 or the prescribed amount, whichever is greater.  2006, c. 17, s. 164 (2). Rules Related to Rent and Other Charges
165 Despite subsection 95 (8), if a tenancy agreement for a site for a mobile home is assigned and the assignee purchases or enters into an agreement to purchase the former tenant’s mobile home, the landlord may increase the rent payable by the assignee under the tenancy agreement by not more than the prescribed amount.  2006, c. 17, s. 165. Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2020, c. 16, Sched. 4, s. 26) Exclusion from rent 165.1 (1) This section applies with respect to an amount that a landlord charges a tenant under the terms of a written agreement for any prescribed services and facilities or any prescribed privilege, accommodation or thing that the landlord provides for the tenant in respect of the occupancy of the site for a mobile home. 2020, c. 16, Sched. 4, s. 26. Not within the definition of “rent” (2) On and after the applicable prescribed date and if the prescribed circumstances apply, (a) the prescribed services and facilities or the prescribed privilege, accommodation or thing shall not be considered to be services and facilities or a privilege, accommodation or thing that fall within the definition of “rent” in subsection 2 (1); and (b) the amount charged by the landlord for the prescribed services and facilities or the prescribed privilege, accommodation or thing shall not be included in the rent charged to the tenant. 2020, c. 16, Sched. 4, s. 26. Reduction of rent (3) If the rent charged to a tenant immediately before the applicable date referred to in subsection (2) includes an amount to which that subsection applies, the landlord shall reduce the rent charged to the tenant in accordance with the prescribed rules. 2020, c. 16, Sched. 4, s. 26. Application (4) For greater certainty, this section applies with respect to an agreement referred to in subsection (1) whether the agreement is a tenancy agreement or any other agreement entered into between a landlord and a tenant. 2020, c. 16, Sched. 4, s. 26. Same (5) For greater certainty, this section applies with respect to an agreement referred to in subsection (1) even if the agreement was entered into before the day section 26 of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force. 2020, c. 16, Sched. 4, s. 26. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 4, s. 26 - not in force
166 A landlord shall not charge for any of the following matters, except to the extent of the landlord’s reasonable out-of-pocket expenses incurred with regard to those matters: 1. The entry of a mobile home into a mobile home park. 2. The exit of a mobile home from a mobile home park. 3. The installation of a mobile home in a mobile home park. 4. The removal of a mobile home from a mobile home park. 5. The testing of water or sewage in a mobile home park.  2006, c. 17, s. 166.
167 (1) If the Board finds that a capital expenditure is for infrastructure work required to be carried out by the Government of Canada or Ontario or a municipality or an agency of any of them, despite subsection 126 (11), the Board may determine the number of years over which the rent increase justified by that capital expenditure may be taken.  2006, c. 17, s. 167 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 167 (1) of the Act is repealed and the following substituted: (See: 2020, c. 16, Sched. 4, s. 27) Increased capital expenditures (1) If, on an application made under section 126 on or after the day section 27 of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force, the Board finds that a capital expenditure is for infrastructure work, the Board may, despite subsection 126 (11) but in accordance with the prescribed rules, (a) determine the number of years over which the rent increase justified by the capital expenditure may be taken; and (b) determine the percentage increase justified by the capital expenditure that may be taken in each year described in clause (a). 2020, c. 16, Sched. 4, s. 27. Same (1.1) For greater certainty, the number of years determined under clause (1) (a) may be less than, equal to or greater than three. 2020, c. 16, Sched. 4, s. 27. Same (1.2) For greater certainty, the percentage increase determined under clause (1) (b) may be less than, equal to or greater than 3 per cent in any given year and need not be the same for each year. 2020, c. 16, Sched. 4, s. 27. Definition (2) In this section, “infrastructure work” means work with respect to roads, water supply, fuel, sewage disposal, drainage, electrical systems and other prescribed services and things provided to the mobile home park.  2006, c. 17, s. 167 (2). Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 4, s. 27 - not in force part xi   the LANDLORD AND TENANT BOARD
168 (1) The Ontario Rental Housing Tribunal is continued under the name Landlord and Tenant Board in English and Commission de la location immobilière in French.  2006, c. 17, s. 168 (1). Board’s jurisdiction (2) The Board has exclusive jurisdiction to determine all applications under this Act and with respect to all matters in which jurisdiction is conferred on it by this Act.  2006, c. 17, s. 168 (2).
169 (1) The members of the Board shall be appointed by the Lieutenant Governor in Council.  2006, c. 17, s. 169 (1). Remuneration and expenses (2) The members of the Board who are not public servants employed under Part III of the Public Service of Ontario Act, 2006 shall be paid the remuneration fixed by the Lieutenant Governor in Council and the reasonable expenses incurred in the course of their duties under this Act, as determined by the Minister.  2006, c. 17, s. 169 (2); 2006, c. 35, Sched. C, s. 118 (1). Public servant members (3) Members of the Board may be persons who are employed under Part III of the Public Service of Ontario Act, 2006.  2006, c. 17, s. 169 (3); 2006, c. 35, Sched. C, s. 118 (2). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 118 - 20/08/2007
170 (1) The Lieutenant Governor in Council shall appoint one member of the Board as Chair and one or more members as vice-chairs.  2006, c. 17, s. 170 (1). Same (2) The Chair may designate a vice-chair who shall exercise the powers and perform the duties of the Chair when the Chair is absent or unable to act.  2006, c. 17, s. 170 (2). Chair, chief executive officer (3) The Chair shall be the chief executive officer of the Board.  2006, c. 17, s. 170 (3).
171 One member of the Board is sufficient to conduct a proceeding under this Act.  2006, c. 17, s. 171.
172 The members of the Board shall file with the Board a written declaration of any interests they have in residential rental property or in a non-profit housing co-operative, and shall be required to comply with any conflict of interest guidelines or rules of conduct established by the Chair.  2013, c. 3, s. 33. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 33 - 01/06/2014
173 Despite section 4.3 of the Statutory Powers Procedure Act, if the term of office of a member of the Board who has participated in a hearing expires before a decision is given, the term shall be deemed to continue for four weeks, but only for the purpose of participating in the decision and for no other purpose.  2006, c. 17, s. 173.
174 The Board has authority to hear and determine all questions of law and fact with respect to all matters within its jurisdiction under this Act.  2006, c. 17, s. 174.
175 No member of the Board or person employed as a mediator by the Board shall be compelled to give testimony or produce documents in a civil proceeding with respect to matters that come to his or her knowledge in the course of exercising his or her duties under this Act.  2006, c. 17, s. 175.
176 (1) The Chair of the Board shall establish a Rules and Guidelines Committee to be composed of the Chair, as Chair of the Committee, and any other members of the Board the Chair may from time to time appoint to the Committee.  2006, c. 17, s. 176 (1). Committee shall adopt rules (2) The Committee shall adopt rules of practice and procedure governing the practice and procedure before the Board under the authority of this section and section 25.1 of the Statutory Powers Procedure Act.  2006, c. 17, s. 176 (2). Committee may adopt guidelines (3) The Committee may adopt non-binding guidelines to assist members in interpreting and applying this Act and the regulations made under it.  2006, c. 17, s. 176 (3). Means of adoption (4) The Committee shall adopt the rules and guidelines by simple majority, subject to the right of the Chair to veto the adoption of any rule or guideline.  2006, c. 17, s. 176 (4). Make public (5) The Board shall make its rules, guidelines and approved forms available to the public.  2006, c. 17, s. 176 (5).
177 (1) The Board shall provide information to landlords, tenants, non-profit housing co-operatives and members of non-profit housing co-operatives about their rights and obligations under this Act. 2013, c. 3, s. 34. Definition (2) In subsection (1), “member” has the same meaning as in Part V.1. 2013, c. 3, s. 34. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 34 - 01/06/2014
178 Such employees as are considered necessary for the proper conduct of the affairs of the Board may be appointed under Part III of the Public Service of Ontario Act, 2006. 2013, c. 3, s. 35. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 35 - 01/06/2014
179 The Minister may engage persons other than members of or employees in the Board to provide professional, technical, administrative or other assistance to the Board and may establish the duties and terms of engagement and provide for the payment of the remuneration and expenses of those persons. 2013, c. 3, s. 35. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 35 - 01/06/2014
180 The Minister may require the Board to provide reports to the Minister in addition to the annual report required by the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009. 2017, c. 34, Sched. 46, s. 50. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 50 - 01/01/2018
181 (1) The Board, subject to the approval of the Minister, may set and charge fees, (a) for making an application under this Act or requesting a review of an order under section 21.2 of the Statutory Powers Procedure Act; (b) for furnishing copies of forms, notices or documents filed with or issued by the Board or otherwise in the possession of the Board; or (c) for other services provided by the Board.  2006, c. 17, s. 181 (1). Same (2) The Board may treat different kinds of applications differently in setting fees and may base fees on the number of residential units affected by an application.  2006, c. 17, s. 181 (2). Make fees public (3) The Board shall ensure that its fee structure is available to the public.  2006, c. 17, s. 181 (3).
181.1 (1) The Board may, in accordance with the Rules, waive or defer all or part of a fee charged under section 181. 2013, c. 3, s. 36. Purpose (2) The purpose of subsection (1) is to authorize the Board to waive or defer fees charged under section 181 for low-income individuals in appropriate circumstances. 2013, c. 3, s. 36. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 36 - 01/06/2014
182 A fee paid for requesting a review of an order under section 21.2 of the Statutory Powers Procedure Act may be refunded if, on considering the request, the Board varies, suspends or cancels the original order. 2013, c. 3, s. 37. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 37 - 01/06/2014
182.1 The money required for the purposes of the Board shall be paid out of the money appropriated for that purpose by the Legislature. 2013, c. 3, s. 38. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 38 - 01/06/2014 Status of money paid to Board
182.2 (1) The revenues of the Board, other than money that is paid to the Board in trust under this Act, shall be paid into the Consolidated Revenue Fund. 2013, c. 3, s. 38. Trust money to Board paid to Minister (2) Despite Part I of the Financial Administration Act, (a) the Board shall pay to the Minister money paid to the Board in trust under this Act; and (b) the Minister may maintain in his or her name one or more accounts with an entity referred to in subsection 2 (2) of the Financial Administration Act, and place the money paid to the Minister under clause (a) into any of those accounts, subject to the same trusts on which the money was paid to the Board. 2013, c. 3, s. 38. Payment out of money held in trust (3) Where money has been paid to the Board in trust and no provision is made for paying it out elsewhere in this Act, it shall be paid out to the person entitled to receive it, together with interest at the prescribed rate. 2013, c. 3, s. 38. Surplus interest (4) Interest earned on money paid to the Board in trust that exceeds the interest earned at the prescribed rate vests in the Crown and shall be deposited in the Consolidated Revenue Fund. 2013, c. 3, s. 38. No liability re interest above prescribed rate (5) No claim shall be made for or on account of interest earned on money paid to the Board in trust under this Act that exceeds the interest earned on that money at the prescribed rate. 2013, c. 3, s. 38. Definition (6) In this section, “money paid to the Board in trust” does not include fines, fees or costs paid to the Board. 2013, c. 3, s. 38. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 38 - 01/06/2014