What You Need to Know About Bill 184

Bill 184, otherwise known as Ontario’s “Protecting Tenants and Strengthening Community Housing Act”, was passed by the provincial government into law in July of 2020. Bill 184 is an act to amend the Building Code Act, 1992, the Housing Services Act, 2011 and the Residential Tenancies Act, 2006 and to enact the Ontario Mortgage and Housing Corporation Repeal Act, 2020. The Ford government has stated that the new law will better protect both Landlords and Tenants.

Steve Clark, Minister of Municipal Affairs and Housing said “We know Tenants and Landlords have struggled during COVID-19, and some households may be facing eviction due to unpaid rent during this crisis. By making these changes we are trying to keep people in their homes, and at the same time, helping Landlords receive payment through a mutual repayment agreement. It’s a better approach, especially during these difficult times.”

Here are some of the key changes and additions from Bill 184:

New Purchaser’s Use of the Unit

The Landlord must provide one month’s worth of rent or an acceptable alternate unit as compensation to the Tenant if they sell the rental unit. And this compensation is the responsibility of the Landlord, not the Purchaser

Demolition of a Unit

The Landlord must now compensate one month’s worth of rent to the Tenant for demolition even if the complex has less than 5 units.

Renovation of a Unit

The Landlord is now required to compensate one month’s worth of rent as compensation or an acceptable alternate unit to the Tenant during renovations to a unit even if the complex has less than 5 units. If a tenant does not give notice of their intent to move back into the unit after the renovation, the Landlord owes the tenant one more month worth of rent as compensation or an acceptable alternate unit. If a tenant does give notice of their intent to move back into the unit after the renovation the Landlord owes the tenant compensation in the amount of the lesser of one month worth of rent or the period of the repair.

Deadline for Compensation - All compensation must be paid prior to the termination date on the N12 and N13 Notice forms that are given to the Tenant.

Affidavit for N12 or N13 Notice

These notices must now be filed with the L2 application as opposed to provided at the LTB Hearing. As well the Landlord has to disclose if they have served an N12 or N13 in the previous two years for either that same unit or another unit they own and this history can be brought up at an LTB hearing

L4 Changes

The Landlord & Tenant can come to an agreement on their own to address non-payment of rent issues and include a clause in such agreement. If the agreement is breached, the Landlord can file an L4 application for an ex-parte Order. Important to note: the N4 must still have to be served, L1 must still have been filed and the L4 must be filed within 30 days of the breach.

Addition

Now an Adjudicator must consider whether or not the Landlord made any attempt to negotiate with the Tenant during COVID-19. This is essentially forcing a Landlord to make an offer to resolve the issues at hand with the Tenant. It is suggested for this to be in writing so it can be proven at an LTB hearing. This clause is retroactive to March 17 and will be in place until an unknown date.

Fines - Bill 184 has increased the fines to Landlords who are caught doing things in bad faith. The fines have been raised from $25,000 to $50,000 for personal Landlords and $100,000 to $250,000 for corporations.

If you have any further questions about Bill 184 or need assistance with a Landlord or Tenant issue, De Palma & Associate can help. With offices located in Barrie and Wasaga Beach, De Palma & Associate also provides legal representation for Small Claims Court cases, traffic tickets, United States entry waivers, criminal pardons (record suspensions), mediation, notary services and document commissioning throughout the Georgian Bay area and the GTA. If you have any questions or require legal representation, give us a call at De Palma & Associate at 705-429-2401.