August 6, 2020
The Landlord and Tenant Board (LTB) is seeking review and comment on four draft documents:
The proposed changes are in response to amendments to the Residential Tenancies Act, 2006 (RTA) made by the Protecting Tenants and Strengthening Community Housing Act, 2020, that took effect on Royal Assent (July 21, 2020) and the new adjudicative and scheduling model the LTB has developed to strengthen the LTB’s ability to deliver fair, effective and timely dispute resolution services.
Further changes may be made later in response to additional amendments to the RTA made by the Protecting Tenants and Strengthening Community Housing Act, 2020, that take effect on a day to be named by the Lieutenant Governor in Council.
Rule 1.7: In addition to the existing powers provided for in the RTA and the Rules, an LTB Hearing Officer may hold a hearing and make an order for any application where the applicant does not attend the hearing.
Rule 3.3-3.7: All documents may be served on a person or party by email so long as the other party has consented to service by email. Parties may consent in writing at any time to service by email. Where a party does not consent to service of a document by e-mail, the LTB may permit the document be served by e-mail.
Rule 5.1: Clarification that the LTB will not serve a party’s evidence on the other parties.
Rule 7.1: Clarification that in determining whether a CMH will be held in person, in writing, by telephone or other electronic means, the LTB may have regard to what is permitted in the circumstances.
Rule 7.3-7.4: The deadline for objections to a written hearing will be set out in the Notice of Hearing. In accordance with section 184(2) of the RTA, an application under section 132 or 133 of the RTA or an application solely under paragraph 1 of subsection 126 (1) of the RTA may be heard in writing regardless of a party’s objection.
Rule 10.2: Where the L1/L9 hearing is conducted as an electronic or written hearing the landlord must provide an L1/L9 update form to the LTB and each tenant in accordance with any order or direction for disclosure made by the LTB.
Rule 13.1: The LTB may offer dispute resolution services to parties in addition to mediation.
Rule 13.13: Clarification that an application resolved with a hearing order cannot be re-opened.
Rule 17.12: An applicant withdrawing an application before the commencement of an electronic or in-person hearing must notify the LTB and the other parties of the withdrawal as soon as possible.
Rule 19.3: In accordance with the amendments made to s.82 of the RTA by the Protecting Tenants and Strengthening Community Housing Act, 2020, a tenant who intends to raise issues under sections 82(1) or 87(2) of the RTA must provide the landlord and the LTB a written description of each issue the tenant intends to raise and a copy of all the evidence that the tenant intends to rely upon at least five business days before the hearing.
Rule 19.4: A tenant who fails to comply with Rule 19.3 shall not be permitted to raise issues under sections 82(1) or 87(2) of the RTA unless the LTB is satisfied that the tenant could not comply with the requirements.
Rule 21.1: Absent exceptional circumstances, a request to reschedule will only be considered if made with consent of all parties and is received by the LTB not less than five business days before the scheduled hearing.
Rule 21.4-21.5: Requests to adjourn CMHs and hearings are subject to the same requirements and will be granted at the discretion of the Member or Hearing Officer where satisfied that an adjournment is required to permit an adequate hearing to be held. Relevant factors the LTB may consider in deciding the request are set out.
Contains further guidance respecting the LTB’s usual approach to rescheduling and adjournment requests, including a discussion of some common grounds for adjournment requests relied upon by parties and conditions that LTB may impose in the event a matter is adjourned.
The Protecting Tenants and Strengthening Community Housing Act, 2020 amends section 206 of the RTA by providing that rent arrears payment agreements may include a provision allowing the landlord to file an application for termination of the tenancy pursuant to section 78 of the RTA in the event the tenant breaches the terms of the agreement.
We are seeking input on the proposed wording of the Payment Agreement form to reflect this amendment. The form clearly identifies the fact that landlords and tenants are not required to enter into the agreement and may instead have the application resolved at an LTB hearing.
We are seeking feedback to help inform the proposed changes and ensure that we are meeting the needs of Ontarians and those who use our services. The LTB does not have the authority to amend the RTA. Any comments or suggestions respecting the RTA should be directed to the Ministry of Municipal Affairs and Housing.
Comments are due by August 20, 2020. Please send your comments by email to firstname.lastname@example.org
Your submission may be shared with stakeholders and may also be available to the public.