SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
May 31, 2023 09:00AM
  • May/31/23 9:10:00 a.m.
  • Re: Bill 97 

I want to thank the minister for his earlier remarks.

Speaker, it really is my privilege to speak today on further details of the proposed Helping Homebuyers, Protecting Tenants Act. I want to thank the Minister of Municipal Affairs and Housing for providing a very concise overview of this bill. You will be hearing later from the Minister of Public and Business Service Delivery for a detailed exploration of the advantages of this proposed legislation for new home buyers.

But let me remind the members of this House about the work our government has done to help those Ontarians who rent their homes and what we’re proposing to continue to make life better for tenants across this province.

Our government recognizes that rentals make up a big part of Ontario’s overall housing market. That’s why our previous housing supply action plans have included initiatives to enable the construction of new rental housing. Since 2019, we’ve made changes to boost the supply of rental housing to help increase affordability and choice for Ontarians. And we’re seeing progress. New rental construction is at a record high, with almost 7,200 starts so far this year. That’s more than double the number of rental starts from the same period last year.

But we’re doing more than just working to increase rental housing supply. Protecting tenants remains a top priority for our government. Since our government was elected in 2018, we’ve introduced and implemented numerous measures to help tenants. We’ve changed the rules to enable the construction of more rental units. We’ve implemented measures to protect against bad-faith evictions while clamping down on bad landlords. We’ve made ongoing investments in the Landlord and Tenant Board to modernize their processes. When renters were facing challenges during the height of the pandemic, we froze 2021 rents and we temporarily suspended the enforcement of evictions so tenants could remain safe in their homes.

The Helping Homebuyers, Protecting Tenants Act and the plan now represent our government’s latest efforts to make life better for tenants. According to Statistics Canada data, the growth in the number of renter households has outpaced the growth in homeowner households, from 2011 to 2021, in Canada’s 41 large urban centres. The time for this House to pass our government’s proposed legislation that will improve the lives of so many of Ontario’s renters is now.

Speaker, through you, let me give the members of this House some examples of how our bill would help renters.

Our proposed legislation would clarify and enhance the rules regarding air conditioning in rental units. We propose to amend the Residential Tenancies Act so that when a landlord does not provide air conditioning, tenants would be permitted to install a window-mounted or portable air conditioning unit. Of course, this would be subject to some rules. A tenant would need to give written notice to the landlord of their intention to install an air conditioning unit prior to its installation. In addition, the air conditioning unit would need to be installed safely and securely, without causing damage, while complying with any applicable laws. Renters would pay for the air conditioner, the installation and the maintenance. And tenants who have electricity included in their rent could be charged a seasonal fee by the landlord, based on the actual electricity cost to the landlord or a reasonable estimate.

Our bill has even more advantages for renters. At a time when renters are faced with uncertain economic forces like inflation, our government is acting.

Our proposed legislation, if passed—along with future regulations—would increase tenant protections against evictions due to renovations or repairs, as well as evictions for a landlord’s own use of a unit. We intend to do this by giving tenants greater access to remedies and by increasing the reporting requirements that landlords must follow. If passed, this bill would require a landlord who is ending a tenancy to do renovations or repairs to provide a report stating that the rental unit needs to be vacant while that work is taking place. A future regulation would outline the details that must be included in that report. Regulations would also set out the required qualifications of the persons who could provide this report. Once these regulations are made, this document must be provided to the tenant along with an eviction notice; otherwise, the eviction notice would be considered invalid.

In situations where tenants have indicated they want to return to their old unit, our proposed changes would require landlords to provide written notification, without delay, of the estimated date when the unit will be ready for occupancy after the renovations or repairs are completed. In addition, written notification would again be required for any changes to that expected completion date and would need to include a new estimated completion date. And finally, when the unit is ready for occupancy, the landlord would be required to give the tenant a minimum 60-day grace period to move back in. This grace period is intended to accommodate the tenant’s requirement to provide 60-day notice to end their tenancy in their temporary accommodation if they are renting elsewhere while renovations are completed. If the tenant does move back in, the landlord would be required—as is the case currently—to charge the tenant a rent similar to what was charged before the renovations.

Speaker, as the law now stands, if a landlord fails to give the right of first refusal to an evicted tenant after renovations or repairs are completed, the tenant has two years within which to file a complaint with the Landlord and Tenant Board. Our proposed legislation would change the Residential Tenancies Act so that a tenant would have two years after moving out or six months after the renovations are complete, whichever is longer, to file their complaint. This would extend the tenant’s access to justice.

Our proposed legislation and related regulations would also tighten the rules regarding evictions when a landlord wishes to use a rental unit for their own use or for one of their family members. To help ensure these types of evictions are genuine, our proposed changes would set a time frame, to be prescribed in the regulation, within which a landlord or their family member must move into the unit after the unit becomes vacant. If the move is not made by that deadline, the landlord would be presumed to have acted in bad faith. The tenant could then apply to the Landlord and Tenant Board for a remedy, and the landlord would have the onus to prove to the board that the eviction was not in bad faith. The amount of time that a landlord would have to move in would be set at a future date, once our government has consulted on a fair and reasonable time period.

Our proposed legislation would also increase the maximum fines for offences under the Residential Tenancies Act. If passed, our legislation would amend the Residential Tenancies Act to double the fines under this act. The maximum fines would rise to $100,000 from $50,000 for individuals, and to $500,000 from $250,000 for corporations. We believe that increasing these fines would help deter rental housing offences such as unlawful evictions. Our government knows it is critical that tenants be protected from this type of behaviour.

Speaker, I’ve mentioned the Landlord and Tenant Board several times in regard to renovictions and own-use situations. However, there are many kinds of landlord-tenant disputes that get resolved through the Landlord and Tenant Board, and it is essential that the LTB be ready to adjudicate these disputes. That’s why our government is doubling the number of adjudicators to eliminate the backlog of cases at the LTB and reduce wait times for landlords and for tenants.

Our proposed legislation would also introduce other welcome improvements. It would amend the Residential Tenancies Act to mandate the use of the Landlord and Tenant Board’s form for rent repayment agreements. These agreements are used when a landlord has applied to the Landlord and Tenant Board to evict a tenant for owed rent, and the landlord and the tenant agree to a repayment plan. The LTB’s rent repayment agreement form is a legal document that sets out the terms of payment. Currently, there is no requirement for a specific form or format to be used for a repayment agreement. This would standardize these agreements, setting out in plain language the rights and obligations of both renters and landlords and the potential consequences if the agreement is breached.

Speaker, our government knows it is crucially important to protect and increase our province’s stock of rental housing. Building on More Homes Built Faster, one of our government’s earlier housing supply action plans which I mentioned earlier, our proposed legislation would make changes to the Municipal Act and the City of Toronto Act. These changes would be necessary to give the Minister of Municipal Affairs and Housing the regulation-making authority necessary to create a balanced regulatory framework governing municipal rental replacement bylaws. This would help streamline the construction and revitalization of rental housing, while protecting tenants.

Speaker, as things stand, rental replacement bylaws vary amongst municipalities. This includes requirements that municipalities impose around number, size, height and cost of rental units, as well as right of first refusal for existing tenants.

Our government envisions a regulatory framework where any municipality that establishes a bylaw must require that replacement units contain the same core features as the units they are replacing. By this we mean features such as the same number of bedrooms. We’re also considering permitting some flexibility when it comes to the overall size of the unit and the size of, for example, the bedrooms.

This regulatory framework could also require municipalities to impose a requirement on landowners to provide existing tenants with the right to move back into the replacement unit at similar rent levels. Our government is consulting on future regulations that would help ensure a balanced package of rules for these replacement bylaws.

I’ve outlined how our government’s proposed Helping Homebuyers, Protecting Tenants Act would strengthen protections and new rights for tenants. This legislation represents our government’s latest efforts to make life better for tenants and homebuyers across this great province. We have a responsibility to the people of Ontario to ensure that they have access to safe, affordable housing. This bill, if passed, will help us achieve that goal by strengthening protections and providing new rights for tenants, while also encouraging the construction of new rental housing.

I urge each and every one of the members here today to consider the impacts this legislation will have on the lives of so many Ontarians. Let us come together and pass this bill so that we can continue to make life better for renters and landlords across Ontario. We have done so much already, and yet there is still so much more to be done as we work towards our goal of building 1.5 million homes to ensure that every Ontarian has a safe and affordable place to call home.

Speaker, I would now like to turn the floor over to the parliamentary assistant to the Minister of Municipal Affairs and Housing.

1903 words
  • Hear!
  • Rabble!
  • star_border