Residential Tenancies Act (RTA): The RTA is Ontario's primary law governing the rights and responsibilities of landlords and tenants, ensuring fair practices and providing a framework for dispute resolution.
Landlord and Tenant Board (LTB): The LTB enforces the RTA by resolving disputes, such as evictions and maintenance issues, through adjudication and mediation.
Renoviction Protections: The RTA, strengthened by Bill 97, includes provisions to prevent bad-faith evictions and protect tenants from unfair renovictions.
Renovictions, where tenants are evicted under the guise of major renovations, have become a growing concern in Ontario's rental market.
Renovictions refers to situations where tenants are evicted under the guise of major renovations, often as a means for landlords to increase rents or attract new tenants. Legitimate renovations sometimes require tenants to vacate. These legitimate renovation-based evictions exist under Ontario's Residential Tenancy Act (RTA). The term ‘renovictions’ specifically refers to the abuse of this process.
The Residential Tenancies Act, 2006, known as the RTA, is primary legislation in Ontario that governs the relationship between landlords and tenants in residential rental properties. Enacted to ensure fair practices and protect the rights of both parties, the RTA outlines the obligations, rights, and remedies available to landlords and tenants.
Each province in Canada has its own tenancy act.
Under the RTA, the Landlord and Tenant Board (LTB) was created to solve disputes between tenants and their landlords.
Under Ontario’s Residential Tenancies Act (RTA), landlords may evict tenants if the unit needs major repairs or renovations that cannot be completed while it is occupied.
To initiate an eviction process, landlords must issue a Form N13: Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it, or Convert it to Another Use.
The landlord must then follow the rules set by the Landlord and Tenant Board (LTB) to ensure compliance with the law. This legal framework provides tenants with safeguards, such as adequate notice and the right to challenge the eviction if it appears to be in bad faith.
The Ontario RTA already has provisions within its Act that address and prevent bad-faith evictions such as renovictions.
On top of this, Bill 97: Helping Homebuyers, Protecting Tenants Act, 2023 has received Royal Assent, i.e. it has become law in principle. Some parts of this Act further strengthen the RTA’s provisions on renovictions.
Here are all the ways that the RTA, with additions from specific schedules in Bill 97 help prevent renovictions in Ontario.
The existence of renoviction bylaws, such as those in Hamilton and recently introduced in Toronto, highlights a growing recognition that the Residential Tenancies Act (RTA) alone may not be sufficient to address the complexities of renovictions at the municipal level. Municipal bylaws fill this gap by imposing stricter local rules and accountability measures on landlords.
The layered approach—combining provincial RTA provisions with municipal bylaws—acknowledges the need for stronger enforcement mechanisms and a more localized response to prevent bad-faith evictions, particularly in areas facing acute housing crises.
Renovictions in Ontario’s rental market are addressed through both the Residential Tenancies Act (RTA) and municipal bylaws. The RTA provides foundational protections such as notice requirements, compensation, and the right of first refusal, while recent updates, including Bill 97, strengthen these provisions. Municipal bylaws, like those in Toronto and Hamilton, complement the RTA by adding localized enforcement measures to address the complexities of renovictions, reflecting a layered approach to tackling this issue.