O. Reg. 241/26: GENERAL"

O. Reg. 241/26: GENERAL, RESIDENTIAL TENANCIES ACT, 2006

ontario regulation 241/26

made under the

Residential Tenancies Act, 2006

Made: July 16, 2026
Filed: July 21, 2026
Published on e-Laws: July 21, 2026
Published in The Ontario Gazette: August 8, 2026

Amending O. Reg. 516/06

(GENERAL)

1. The heading to Part II of Ontario Regulation 516/06 is amended by striking out “Rent” and substituting “Rent, Termination and Eviction”.

2. The Regulation is amended by adding the following section:

Persistent failure to pay rent on the date due

8.1 (1) For the purposes of paragraph 1 of subsection 58 (1) of the Act, a persistent failure to pay rent on the date it becomes due and payable includes circumstances in which a tenant has failed to pay rent within seven days of the date it becomes due and payable on at least three occasions within any six-month period and on each of those occasions the failure to pay was not solely attributable to the landlord applying a rent payment made during that six-month period to another amount owing by the tenant, including rent arrears.

(2) For greater certainty, a persistent failure to pay rent on the date it becomes due and payable may arise in circumstances not set out in subsection (1) and the circumstances set out in subsection (1) shall not limit what may constitute a persistent failure to pay rent on the date it becomes due and payable.

3. The Regulation is amended by adding the following section:

Set aside orders under s. 77 (8) (b) of the Act

8.2 (1) For the purposes of clause 77 (8) (b) of the Act, the Board shall make an order setting aside an order under subsection 77 (4) of the Act if the Board is satisfied, having regard to all the circumstances other than those set out in subsection (2) of this section, that it would not be unfair to do so.

(2) For the purposes of making a determination under subsection (1), the Board shall not consider changes in the circumstances of the tenant that arose after the landlord and tenant entered into an agreement referred to in clause 77 (1) (a) of the Act or after the tenant gave a notice referred to in clause 77 (1) (b) of the Act, as the case may be.

4. The Regulation is amended by adding the following section:

Prescribed timeline under s. 82 (2), par. 5 of the Act

8.3 For the purposes of paragraph 5 of subsection 82 (2) of the Act, the timeline for paying the amounts referred to in paragraph 4 of that subsection is no later than seven days before the hearing.

5. The Regulation is amended by adding the following section:

Postponing enforcement of an eviction order under s. 83 (1) (b) of the Act

8.4 The Board may order that the enforcement of an eviction order be postponed under clause 83 (1) (b) of the Act only if the landlord consents to the postponement or if the following conditions are satisfied:

1. In the case of an application for an order evicting a tenant based on a notice of termination given under section 48, 49 or 50 of the Act, the Board is satisfied that it would not be unfair to the landlord or other tenants of the residential complex to postpone the enforcement of the eviction order.

2. In the case of any other application for an order evicting a tenant, the Board is satisfied that,

i. it would not be unfair to the landlord or other tenants of the residential complex to postpone the enforcement of the eviction order, and

ii. there are compelling grounds to postpone the enforcement of the eviction order.

6. The Regulation is amended by adding the following Part:

Part II.1
Matters Related to Non-Profit Housing Co-operatives

Persistent failure to pay regular monthly housing charges on the date due

17.1 (1) For the purposes of paragraph 1 of subsection 94.2 (1) of the Act, a persistent failure to pay regular monthly housing charges on the date they become due and payable includes circumstances in which a member has failed to pay the regular monthly housing charges within seven days of the date they become due and payable on at least three occasions within any six-month period and on each of those occasions the failure to pay was not solely attributable to the non-profit housing co-operative applying a payment of regular monthly housing charges made during that six-month period to another amount owing by the member, including arrears of regular monthly housing charges.

(2) For greater certainty, a persistent failure to pay regular monthly housing charges on the date they become due and payable may arise in circumstances not set out in subsection (1) and the circumstances set out in subsection (1) shall not limit what may constitute a persistent failure to pay regular monthly housing charges on the date they become due and payable.

7. The Regulation is amended by adding the following section:

Postponing enforcement of a termination and eviction order under s. 94.12 (1) (b) of the Act

17.2 The Board may order that the enforcement of an order terminating a member’s occupancy of a member unit and evicting a member be postponed under clause 94.12 (1) (b) of the Act only if the co-operative consents to the postponement or if the Board is satisfied that,

(a) it would not be unfair to the co-operative or other members of the co-operative to postpone the enforcement of the order; and

(b) there are compelling grounds to postpone the enforcement of the order.

8. Clause (a) of the definition of “incurred” in subsection 18 (1) of the Regulation is amended by striking out “Construction Lien Act” at the end and substituting “Construction Act”.

Commencement

9. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Sections 1 and 3 come into force on the latest of the following days:

1. September 21, 2026.

2. The day section 5 of Schedule 12 to the Fighting Delays, Building Faster Act, 2025 comes into force.