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O. Reg. 9/18: TENANCY AGREEMENTS FOR TENANCIES OF A PRESCRIBED CLASS

under Residential Tenancies Act, 2006, S.O. 2006, c. 17

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current February 7, 2018 (e-Laws currency date)

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Residential Tenancies Act, 2006

ONTARIO REGULATION 9/18

TENANCY AGREEMENTS FOR TENANCIES OF A PRESCRIBED CLASS

Consolidation Period: From February 7, 2018 to the e-Laws currency date.

Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on April 30, 2018.

No amendments.

This is the English version of a bilingual regulation.

Prescribed class of tenancies

1. The following class of tenancies is prescribed for the purposes of subsection 12.1 (1) of the Act:

1. The class that consists of all tenancies for occupancy of accommodation with respect to which all or part of the Act, other than Part V.1, applies, except for tenancies for occupancy of any of the following:

i. A rental unit in a care home.

ii. A rental unit that consists solely of a site for a mobile home.

iii. A rental unit that consists solely of a site on which there is a land lease home.

iv. Accommodation described in clause 6 (1) (a) or (b) of the Act.

v. A rental unit described in subsection 7 (1) of the Act.

vi. A rental unit described in subsection 6 (1) or (3) of Ontario Regulation 516/06 (General) made under the Act.

vii. Any accommodation which is not described in subparagraphs i to vi and for which the tenant pays rent in an amount geared-to-income due to public funding.

Prescribed date

2. For the purposes of subsection 12.1 (1) of the Act, the prescribed date for the prescribed class of tenancies described in paragraph 1 of section 1 of this Regulation is April 30, 2018.

Prescribed form of tenancy agreement

3. For the purposes of paragraph 1 of subsection 12.1 (1) of the Act, the prescribed form of tenancy agreement for the prescribed class of tenancies described in paragraph 1 of section 1 of this Regulation is,

1. the form in English entitled “Residential Tenancy Agreement (Standard Form of Lease)”, dated 2018/01 and available on the website of the Government of Ontario Central Forms Repository, or

2. the form in French entitled “Convention de location à usage d’habitation (Bail standard)”, dated 2018/01 and available on the website of the Government of Ontario Central Forms Repository.

Prescribed requirements for tenancy agreement

4. For the purposes of paragraph 2 of subsection 12.1 (1) of the Act, the prescribed requirements for a tenancy agreement for the prescribed class of tenancies described in paragraph 1 of section 1 of this Regulation are as follows:

1. The tenancy agreement shall set out, in their entirety and in substantially the same format as in the prescribed form of tenancy agreement described in section 3, all the contents of the prescribed form, which consists of the following parts:

i. An introductory note, which sets out general information about the agreement and about legislation governing landlords and tenants.

ii. Sections, which set out all the mandatory terms of the agreement and provide  information or instructions respecting the mandatory terms.

iii. An appendix, which sets out general information relating to the rights and responsibilities of landlords and tenants.

2. The tenancy agreement may include additional terms but only if those terms are not inconsistent with the mandatory terms set out in the prescribed form of tenancy agreement described in section 3, and any such additional term included in the tenancy agreement that is inconsistent with those mandatory terms is void.

Clarification

5. For greater certainty, in this Regulation, a reference to a tenancy does not include a subtenancy and a reference to a tenancy agreement does not include a subletting agreement.

6. Omitted (provides for coming into force of provisions of this Regulation).

 

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