Amendments to Residential Tenancies Act (Bill 132)
The Amendments to Residential Tenancies Act under Bill 132 came into force on 8 September 2016.
Bill 132 is “socially directed” legislation generally intended to assist women and children in abusive relationships. Several Acts are amended including, Compensation for the Victims of Crime, Limitations, Ministry of Training, Colleges and Universities, Private Career Colleges, Occupational Health and Safety, as well as the Residential Tenancies Act.
Below you will find Schedule 6, that’s the full Amendment to the Residential Tenancies Act as it appears in Bill 132. If you are looking for the Summary, then please scroll down to the Explanatory Note.
SCHEDULE 6
RESIDENTIAL TENANCIES ACT, 2006
1. The Residential Tenancies Act, 2006 is amended by adding the following sections:
Notice by Tenant Before End of Period or Term
Notice to terminate tenancy, before end of period or term
47.1 (1) Despite subsections 44 (2) to (4) and section 47, a tenant may terminate a monthly or yearly tenancy or a tenancy for a fixed term by giving notice of termination to the landlord in accordance with this section if,
(a) the tenant is deemed under subsection 47.3 (1) to have experienced violence or another form of abuse; or
(b) a child residing with the tenant is deemed under subsection 47.3 (1) to have experienced violence or another form of abuse.
Same, joint tenants
(2) A joint tenant who meets the requirement in clause (1) (a) or (b) may,
(a) give a notice of termination of the tenancy under subsection (1), provided the notice is given jointly with all the other joint tenants; or
(b) give a notice of termination of his or her interest in the tenancy under subsection 47.2 (1).
Period of notice
(3) A notice under subsection (1) shall be given at least 28 days before the date the termination is specified to be effective.
Form and contents of notice
(4) A notice under subsection (1) shall,
(a) comply with subsection 43 (1); and
(b) be accompanied by,
(i) a copy of an order described in clause 47.3 (1) (a), (b) or (c) and issued not more than 90 days before the date the notice is given, or
(ii) a statement referred to in clause 47.3 (1) (d), (e) or (f).
Entry to show unit to prospective tenants under s. 26 (3)
(5) The landlord to whom a notice is given with respect to a rental unit under subsection (1) may enter the unit in accordance with subsection 26 (3) only after the tenant or all the joint tenants, as applicable, have vacated the unit in accordance with the notice and, for that purpose, clause 26 (3) (c) does not apply.
Notice to terminate interest in joint tenancy
47.2 (1) A joint tenant may terminate his or her interest in a monthly or yearly tenancy or in a tenancy for a fixed term by giving notice of termination to the landlord in accordance with this section if,
(a) the tenant is deemed under subsection 47.3 (1) to have experienced violence or another form of abuse; or
(b) a child residing with the tenant is deemed under subsection 47.3 (1) to have experienced violence or another form of abuse.
Notice given by some of the joint tenants
(2) A joint tenant who meets the requirement in clause (1) (a) or (b) may give a notice under subsection (1),
(a) either solely; or
(b) jointly with some but not all of the other joint tenants.
Period of notice
(3) A notice under subsection (1) shall be given at least 28 days before the date the termination is specified to be effective.
Form and contents of notice
(4) A notice under subsection (1) shall,
(a) be in a form approved by the Board;
(b) identify the rental unit for which the notice is given;
(c) state the date on which the interest in the tenancy is to terminate;
(d) be signed by the tenant or tenants giving the notice, or their agent; and
(e) be accompanied by,
(i) a copy of an order described in clause 47.3 (1) (a), (b) or (c) and issued not more than 90 days before the date the notice is given, or
(ii) a statement referred to in clause 47.3 (1) (d), (e) or (f).
Where notice void
(5) A notice given under subsection (1) becomes void with respect to a tenant who gave the notice, if the tenant does not vacate the rental unit on or before the termination date set out in the notice.
Tenant vacating unit in accordance with notice
(6) A tenant who gave notice under subsection (1) and vacates the rental unit on or before the termination date set out in the notice ceases to be a tenant and a party to the tenancy agreement on the termination date, but this subsection does not affect any right or liability of the tenant arising from any breach of obligations that relates to the period before the termination.
Not a notice of termination of tenancy
(7) For greater certainty, a notice under subsection (1) is not a notice of termination of the tenancy for the purposes of this Act, including without limiting the generality of the foregoing, for the purposes of subsections 37 (2) and (3), subsection 46 (1) and clause 77 (1) (b).
Rent deposit
(8) Any rent deposit paid to the landlord or a former landlord in respect of the tenancy shall enure to the benefit of the tenant or tenants who did not give the notice under subsection (1) and any tenant in respect of whom the notice becomes void under subsection (5).
Notice of termination of yearly tenancy or tenancy for fixed term
(9) Despite subsections 44 (3) and (4) and section 47, after a joint tenant has ceased to be a tenant and a party to the tenancy agreement in accordance with subsection (6), any tenant referred to in subsection (8) may terminate a yearly tenancy or a tenancy for a fixed term by giving notice of termination to the landlord in accordance with the following:
1. The notice shall be given at least 60 days before the date the termination is specified to be effective.
2. If there is more than one tenant, notice shall be given jointly by all of them.
3. The notice shall comply with subsection 43 (1).
Application of s. 44 (5)
(10) Subsection 44 (5) applies with necessary modifications with respect to a notice given under subsection (9).
Tenant or child deemed to have experienced violence or another form of abuse
47.3 (1) For the purposes of sections 47.1 and 47.2, a tenant of a rental unit or a child residing with the tenant is deemed to have experienced violence or another form of abuse if,
(a) an order has been made under subsection 810 (3) of the Criminal Code (Canada) against a person mentioned in subsection (4) and the order includes one or more conditions described in subsection 810 (3.2) of that Act relating to the tenant, the child or the rental unit;
(b) an order has been made under section 46 of the Family Law Act against a person mentioned in subsection 46 (2) of that Act and the order includes one or more provisions described in subsection 46 (3) of that Act relating to the tenant, the child or the rental unit;
(c) an order has been made under section 35 of the Children’s Law Reform Act against a person mentioned in subsection (4) and the order includes one or more provisions described in subsection 35 (2) of that Act relating to the tenant, the child or the rental unit;
(d) the tenant alleges that any of the following acts or omissions has been committed by a person mentioned in subsection (4) against the tenant or the child and the allegation is made in a statement that complies with the requirements in subsection (5):
(i) an intentional or reckless act or omission that caused bodily harm to the tenant or the child or damage to property,
(ii) an act or omission or threatened act or omission that caused the tenant or the child to fear for his or her own safety or the child’s safety,
(iii) forced confinement of the tenant or the child, without lawful authority, or
(iv) a series of acts which collectively caused the tenant or the child to fear for his or her own safety or the child’s safety, including following, contacting, communicating with, observing or recording the tenant or the child;
(e) the tenant alleges that sexual violence has been committed against the tenant or the child and the allegation is made in a statement that complies with the requirements in subsection (5); or
(f) the tenant alleges that an act or omission prescribed for the purposes of this clause has been committed against the tenant or the child and the allegation is made in a statement that complies with the requirements in subsection (5).
Definition
(2) In this section,
“sexual violence” means any sexual act or act targeting a person’s sexuality, gender identity or gender expression, whether the act is physical or psychological in nature, that is committed, threatened or attempted against a person without the person’s consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation.
Non-application of subs. (1)
(3) Subsection (1) does not apply with respect to,
(a) an order described in clause (1) (b) that was made against the tenant; or
(b) sexual violence or an act or omission referred to in clause (1) (f) that is alleged to have been committed by the tenant.
Persons against whom order or allegation made
(4) The person against whom an order described in clause (1) (a) or (c) was made and the person who is alleged to have committed an act or omission described in clause (1) (d) must be,
(a) a spouse or former spouse of the tenant;
(b) a person other than a spouse or former spouse of the tenant, who is living with the tenant in a conjugal relationship outside marriage, or who has lived with the tenant in a conjugal relationship outside marriage for any period of time, whether or not they are living in a conjugal relationship at the time the tenant gives a notice under subsection 47.1 (1) or 47.2 (1);
(c) a person who is or was in a dating relationship with the tenant; or
(d) a person who resides in the rental unit and who is related by blood, marriage or adoption to the tenant or to a child who resides with the tenant.
Statement by tenant
(5) A statement referred to in clause (1) (d), (e) or (f) shall comply with the following requirements:
1. The statement shall be in a form approved by the Board.
2. The statement shall identify the rental unit to which it relates.
3. The statement shall include an allegation that one or more of the following has occurred:
i. an act or omission described in clause (1) (d) has been committed against the tenant or a child residing with the tenant by a person mentioned in subsection (4),
ii. sexual violence, as defined in subsection (2), has been committed against the tenant or a child residing with the tenant, or
iii. an act or omission prescribed for the purposes of clause (1) (f) has been committed against the tenant or a child residing with the tenant.
4. The statement need not,
i. describe the circumstances of the sexual violence or of the act or omission,
ii. specify whether the occurrence is an occurrence of an act or omission referred to in subparagraph 3 i or iii or an occurrence of sexual violence referred to in subparagraph 3 ii,
iii. identify the person who is alleged to have committed the sexual violence or the act or omission, either by name or by the person’s relationship to the tenant or the child residing with the tenant, or
iv. specify whether the sexual violence or the act or omission is alleged to have been committed against the tenant or a child residing with the tenant.
5. The statement shall include an assertion that, as a result of the sexual violence or the act or omission committed against the tenant or the child, the tenant believes that he or she or the child may be at risk of harm or injury, if he or she or the child continues to reside in the rental unit.
6. The statement shall be signed by the tenant.
Board proceedings
(6) In any proceeding under this Act where one of the issues to be determined by the Board is whether a person is deemed under subsection (1) to have experienced violence or another form of abuse, the Board may inquire into and make a determination as to whether the documentation accompanying the notice is genuine and is a copy of an order described in clause (1) (a), (b) or (c) or is a statement referred to in clause (1) (d), (e) or (f), but the Board may not inquire into or make any determination as to the truth of or the belief in the truth of any allegation or assertion referred to in paragraph 3 or 5 of subsection (5).
Confidentiality
47.4 (1) A landlord to whom a notice is given under subsection 47.1 (1) or 47.2 (1) shall keep confidential and shall not, except as provided in subsections (2) to (5), disclose to any person or entity the fact that the notice has been given, the notice or accompanying documentation or any information included in the notice or accompanying documentation.
Disclosure by landlord
(2) Subsection (1) does not prevent the landlord to whom a notice is given under subsection 47.1 (1) or 47.2 (1) from disclosing the fact that the notice has been given, the notice or accompanying documentation or any information included in the notice or accompanying documentation,
(a) to an employee in the Ministry, an investigator appointed under section 229 or any other representative of the Ministry, in connection with the investigation or prosecution of an alleged offence under this Act;
(b) to a law enforcement agency, but only upon request made by the law enforcement agency in connection with an investigation;
(c) to a person who is authorized under the Law Society Act to practise law or provide legal services in Ontario and who provides services to the landlord;
(d) to the Board, an employee in the Board or an official of the Board, for the purposes of any proceeding under this Act where one of the issues to be determined by the Board is whether notice was properly given under subsection 47.1 (1) or 47.2 (1);
(e) with the consent of the tenant who gave the notice and who meets the requirement in clause 47.1 (1) (a) or (b) or 47.2 (1) (a) or (b);
(f) to the extent that the information is available to the public; or
(g) as otherwise required by law.
Disclosure to remaining joint tenants
(3) Subsection (1) does not prevent the landlord to whom a notice is given with respect to a rental unit under subsection 47.2 (1) from disclosing the following information to any tenant referred to subsection 47.2 (8) after the termination date specified in the notice and after the joint tenant or tenants have vacated the rental unit in accordance with the notice:
(a) the fact that a notice was given under subsection 47.2 (1); and
(b) the termination date specified in the notice.
Advertising unit for rent
(4) Subsection (1) does not prevent the landlord to whom a notice is given with respect to a rental unit under subsection 47.1 (1) from advertising the rental unit for rent,
(a) during the notice period, but only if the rental unit is not mentioned in the advertisement and cannot otherwise be identified from the advertisement;
(b) after the tenant or all the joint tenants, as applicable, have vacated the rental unit in accordance with the notice; or
(c) if the tenant or joint tenants, as applicable, do not vacate the rental unit in accordance with the notice, after the tenancy has otherwise been terminated.
Disclosure to superintendent, property manager, etc.
(5) Subsection (1) does not prevent the landlord to whom a notice is given with respect to a rental unit under subsection 47.1 (1) or 47.2 (1) from disclosing the fact that the notice has been given, the notice or accompanying documentation or any information included in the notice or accompanying documentation to a superintendent, property manager or any other person who acts on behalf of the landlord with respect to the rental unit, if the person needs to know that fact or requires the notice or accompanying documentation or the information for the purposes of performing the person’s duties on behalf of the landlord with respect to the rental unit.
Confidentiality, superintendent, property manager, etc.
(6) Subsections (1) to (4) apply with necessary modifications to a person to whom a landlord discloses, as provided in subsection (5), the fact that notice has been given with respect to a rental unit under subsection 47.1 (1) or 47.2 (1), the notice or accompanying documentation or any information included in the notice or accompanying documentation.
2. Section 233 of the Act is amended by adding the following clause:
(d.1) provides false or misleading information in connection with the giving of a notice under subsection 47.1 (1) or 47.2 (1);
3. Section 234 of the Act is amended by adding the following clause:
(b.1) contravenes subsection 47.4 (1);
4. Subsection 241 (1) of the Act is amended by adding the following paragraph:
13.0.1 prescribing acts or omissions for the purposes of clause 47.3 (1) (f), and for greater certainty,
i. an act or omission that causes emotional or financial harm or the fear of such harm to a person or another person may be prescribed even if it does not cause bodily harm to a person or does not cause a person to fear for his or her own safety or someone else’s safety,
ii. an act or omission may be prescribed with or without a reference to the person who commits the act or omission, and
iii. a prescribed act or omission may include a threat or an attempt to commit the act or omission;
Commencement
5. This Schedule comes into force on the later of,
(a) six months after the day the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016 receives Royal Assent; and
(b) July 1, 2016.
EXPLANATORY NOTE
This Explanatory Note was written as a reader’s aid to Bill 132 and does not form part of the law. Bill 132 has been enacted as Chapter 2 of the Statutes of Ontario, 2016.
The Bill amends various statutes with respect to sexual violence, sexual harassment, domestic violence and related matters.
SCHEDULE 6
RESIDENTIAL TENANCIES ACT, 2006
The Schedule amends the Residential Tenancies Act, 2006.
Currently, sections 44 and 47 of the Act allow a tenant to terminate a monthly or yearly tenancy or a tenancy for a fixed term by giving at least 60 days notice and require that the termination be effective on the last day of the monthly or yearly period on which the tenancy is based or on the expiration date of the fixed term.
Under new section 47.1 of the Act, a tenant may terminate a monthly or yearly tenancy or a tenancy for a fixed term before the end of the period or term by giving at least 28 days notice, provided that the tenant or a child residing with the tenant is deemed to have experienced violence or another form of abuse.
In the case of a joint tenancy, if a joint tenant or a child residing with the joint tenant is deemed to have experienced violence or another form of abuse, the joint tenant may either give a notice of termination of the tenancy under section 47.1, provided the notice is given jointly with all the other joint tenants, or the joint tenant may give a notice of termination of his or her interest in the tenancy under new section 47.2 of the Act.
Section 47.2 allows the joint tenant to terminate his or her interest in a monthly or yearly tenancy or in a tenancy for a fixed term before the end of the period or term by giving at least 28 days notice. Under subsection 47.2 (2), the joint tenant may give the notice either solely or jointly with some but not all of the other joint tenants. Subsection 47.2 (6) provides that a joint tenant who gave the notice and vacates the rental unit on or before the termination date set out in the notice ceases to be a tenant and a party to the tenancy agreement on the termination date.
Under subsection 47.2 (9), the joint tenant or tenants who did not give the notice and any tenant who gave the notice but did not vacate the unit may terminate a yearly tenancy or a tenancy for a fixed term before the end of the period or term by giving at least 60 days notice of termination and, if there is more than one remaining joint tenant, the notice must be given jointly by all of them.
New section 47.3 of the Act sets out the circumstances under which a tenant or a child residing with the tenant is deemed to have experienced violence or another form of abuse. They include cases where a restraining order relating to the tenant, the child or the rental unit has been made against specified persons (such as a spouse or former spouse of the tenant).
They also include cases where the tenant alleges that sexual violence (as defined in subsection 47.3 (2)) or another act or omission mentioned in subsection 47.3 (1) has been committed against the tenant or the child and where the allegation is made in a statement that complies with specified requirements. These acts or omissions include intentional or reckless acts or omissions that caused bodily harm to the tenant or the child and have been committed by specified persons (such as a spouse or former spouse of the tenant) and any other act or omission prescribed under new paragraph 13.0.1 of subsection 241 (1).
Under that paragraph, an act or omission may be prescribed with or without a reference to the person who commits the act or omission, and an act or omission that causes emotional or financial harm or the fear of such harm to a person or another person may be prescribed even if it does not cause bodily harm to a person or does not cause a person to fear for his or her own safety or someone else’s safety.
A notice under subsection 47.1 (1) or 47.2 (1) must be accompanied by a copy of an order referred to in subsection 47.3 (1) and issued not more than 90 days before the notice is given or must be accompanied by a statement referred to in subsection 47.3 (1).
Under new section 47.4 of the Act, a landlord to whom a notice is given under subsection 47.1 (1) or 47.2 (1) must keep confidential and not disclose, except as otherwise provided, the fact that the notice has been given, the notice or accompanying documentation or any information included in the notice or documentation.
New clause 233 (d.1) of the Act makes it an offence to knowingly provide false or misleading information in connection with the giving of a notice under subsection 47.1 (1) or 47.2 (1). New clause 234 (b.1) of the Act makes it an offence to contravene the confidentiality obligations set out in section 47.4.
Brian Madigan LL.B., Broker
Comments(1)