Charges - Re: Provincial Offences Act (LTB)

From Riverview Legal Services


Residential Tenancies Act, 2006, S.O.

s.94.17

94.17 (1) A person is guilty of an offence if the person knowingly,

(a) harasses, hinders, obstructs or interferes with a member in the exercise of,
(i) securing a right or seeking relief under this Act in respect of a matter governed by this Part,
(ii) participating in a proceeding under this Act in respect of a matter governed by this Part, or
(iii) belonging to or participating in a members’ association or attempting to organize a members’ association;
(b) harasses, hinders, obstructs or interferes with a non-profit housing co-operative in the exercise of,
(i) securing a right or seeking relief under this Act in respect of a matter governed by this Part, or
(ii) participating in a proceeding under this Act in respect of a matter governed by this Part; or
(c) obtains possession of a member unit improperly by giving a notice under this Act to terminate in bad faith. 2013, c. 3, s. 31.
(2) A person is guilty of an offence if the person recovers possession of a member unit in a manner not authorized or permitted under this Act or the Co-operative Corporations Act. 2013, c. 3, s. 31.
(3) Any person who knowingly attempts to commit any offence referred to in subsection (1) or (2) is guilty of an offence. 2013, c. 3, s. 31.

s.231

231 (1) A provincial judge or justice of the peace may at any time issue a warrant authorizing a person named in the warrant to enter and search a building, receptacle or place if the provincial judge or justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that an offence has been committed under this Act and the entry and search will afford evidence relevant to the commission of the offence.

(6) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications with respect to any thing seized under this section.

s.233

233 A person is guilty of an offence if the person knowingly,

(a) withholds the reasonable supply of a vital service, care service or food or interferes with the supply in contravention of section 21;
(b) alters or causes to be altered the locking system on any door giving entry to a rental unit or the residential complex in a manner that contravenes section 24 or 35;
(c) restricts reasonable access to the residential complex by political candidates or their authorized representatives in contravention of section 28;
(d) seizes any property of the tenant in contravention of section 40;
(d.1) provides false or misleading information in connection with the giving of a notice under subsection 47.1 (1) or 47.2 (1);
(e) fails to afford a tenant a right of first refusal in contravention of section 51 or 53;
(f) recovers possession of a rental unit without complying with the requirements of sections 48.1, 52, 54 and 55;
(g) coerces a tenant to sign an agreement referred to in section 121;
(h) harasses, hinders, obstructs or interferes with a tenant in the exercise of,
(i) securing a right or seeking relief under this Act or in a court,
(ii) participating in a proceeding under this Act, or
(iii) participating in a tenants’ association or attempting to organize a tenants’ association;
(i) harasses, coerces, threatens or interferes with a tenant in such a manner that the tenant is induced to vacate the rental unit;
(j) harasses, hinders, obstructs or interferes with a landlord in the exercise of,
(i) securing a right or seeking relief under this Act or in a court, or
(ii) participating in a proceeding under this Act;
(k) obtains possession of a rental unit improperly by giving a notice to terminate in bad faith; or
(l) coerces a tenant of a mobile home park or land lease community to enter into an agency agreement for the sale or lease of their mobile home or land lease home or requires an agency agreement as a condition of entering into a tenancy agreement. 2006, c. 17, s. 233; 2016, c. 2, Sched. 6, s. 2; 2017, c. 13, s. 28.

s.234

234 A person is guilty of an offence if the person,

(a) enters a rental unit where such entry is not permitted by section 26, 27 or 142 or enters without first complying with the requirements of section 26, 27 or 142;
(b) fails to make an evicted tenant’s property available for retrieval in accordance with subsection 41 (3);
(b.1) contravenes subsection 47.4 (1);
(c) gives a notice to terminate a tenancy under section 48 or 49 in contravention of section 51;
(d) requires or receives a security deposit from a tenant contrary to section 105;
(e) fails to pay to the tenant annually interest on the rent deposit held in respect of their tenancy in accordance with section 106;
(f) fails to apply the rent deposit held in respect of a tenancy to the rent for the last month of the tenancy in contravention of subsection 106 (10);
(g) fails to repay an amount received as a rent deposit as required by subsection 107 (1) or (2);
(h) fails to provide a tenant or former tenant with a receipt in accordance with section 109;
(i) fails to provide the notice in the form required under section 114 or gives false information in the notice;
(j) requires a tenant to pay rent proposed in an application in contravention of subsection 126 (5);
(k) fails to provide information on the total cost of utilities in accordance with subsection 128 (2);
(l) charges or collects amounts from a tenant, a prospective tenant, a former tenant, a subtenant, a potential subtenant, an assignee or a potential assignee in contravention of section 134;
(l.1) terminates the obligation to supply electricity without the tenant’s consent in contravention of subsection 137 (3);
(l.2) charges a tenant a portion of the cost of the utility without the consent of the tenant in contravention of subsection 138 (1);
(m) gives a notice of rent increase or a notice of increase of a charge in a care home without first giving an information package contrary to section 140;
(n) does anything to prevent a tenant of a care home from obtaining care services from a person of the tenant’s choice contrary to clause 147 (a);
(o) interferes with the provision of care services to a tenant of a care home contrary to clause 147 (b);
(p) increases a charge for providing a care service or meals to a tenant in a care home in contravention of section 150;
(q) interferes with a tenant’s right under section 156 to sell or lease his or her mobile home;
(r) restricts the right of a tenant of a mobile home park or land lease community to purchase goods or services from the person of his or her choice in contravention of section 160;
(s) charges an illegal contingency fee in contravention of subsection 214 (1);
(t) fails to comply with any or all of the items contained in a work order issued under section 225;
(u) obstructs or interferes with an inspector exercising a power of entry under section 230 or 231 or with an investigator exercising a power of entry under section 231;
(v) furnishes false or misleading information in any material filed in any proceeding under this Act or provided to the Board, an employee in the Board, an official of the Board, an inspector, an investigator, the Minister or a designate of the Minister;
(w) unlawfully recovers possession of a rental unit;
(x) charges rent in an amount greater than permitted under this Act; or
(y) contravenes an order of the Board that,
(i) orders a landlord to do specified repairs or replacements or other work within a specified time,
(ii) orders that a landlord, a superintendent or an agent of a landlord may not engage in any further activities listed in paragraphs 2 to 6 of subsection 29 (1) against any of the tenants in a residential complex, or
(iii) orders a landlord not to breach an obligation under subsection 41 (2) or (3) again. 2006, c. 17, s. 234; 2009, c. 33, Sched. 21, s. 11 (9); 2010, c. 8, s. 39 (2); 2013, c. 3, s. 54; 2016, c. 2, Sched. 6, s. 3; 2017, c. 13, s. 29.

s.235 to s.240

235 (1) Any landlord or superintendent, agent or employee of the landlord who knowingly harasses a tenant or interferes with a tenant’s reasonable enjoyment of a rental unit or the residential complex in which it is located is guilty of an offence. 2006, c. 17, s. 235 (1).

236 Any person who knowingly attempts to commit any offence referred to in section 233, 234 or 235 is guilty of an offence. 2006, c. 17, s. 236.

237 Every director or officer of a corporation who knowingly concurs in an offence under this Act is guilty of an offence. 2006, c. 17, s. 237.

238 (1) A person, other than a corporation, who is guilty of an offence under this Act is liable on conviction to a fine of not more than $25,000. 2006, c. 17, s. 238 (1).

(2) A corporation that is guilty of an offence under this Act is liable on conviction to a fine of not more than $100,000. 2006, c. 17, s. 238 (2).

239 (1) No proceeding shall be commenced respecting an offence under clause 234 (v) other than an offence described in subsection (1.1) more than two years after the date on which the facts giving rise to the offence came to the attention of the Minister. 2006, c. 17, s. 239 (1); 2016, c. 25, Sched. 5, s. 11 (1).

(2) No proceeding shall be commenced respecting any other offence under this Act more than two years after the date on which the offence was, or is alleged to have been, committed. 2006, c. 17, s. 239 (2).

240 (1) The production by a person prosecuting a person for an offence under this Act of a certificate, statement or document that appears to have been filed with or delivered to the Board by or on behalf of the person charged with the offence shall be received as evidence that the certificate, statement or document was so filed or delivered. 2006, c. 17, s. 240 (1).

(2) The production by a person prosecuting a person for an offence under this Act of a certificate, statement or document that appears to have been made or signed by the person charged with the offence or on the person’s behalf shall be received as evidence that the certificate, statement or document was so made or signed. 2006, c. 17, s. 240 (2).
(3) The production by a person prosecuting a person for an offence under this Act of any order, certificate, statement or document, or of any record within the meaning of section 20 of the Statutory Powers Procedure Act, that appears to have been made, signed or issued by the Board, the Minister, an employee in the Board, an employee in the Ministry or an inspector appointed under section 226.1, shall be received as evidence that the order, certificate, statement, document or record was so made, signed or issued. 2006, c. 17, s. 240 (3); 2013, c. 3, s. 55; 2016, c. 25, Sched. 5, s. 12.
(4) Subsections (1) to (3) apply, with necessary modifications, to any extract or copy of a certificate, statement, document, order or record referred to in those subsections, if the extract or copy is certified as a true extract or copy by the person who made the extract or copy. 2006, c. 17, s. 240 (4).

Provincial Offences Act, R.S.O. 1990

1 (1) In this Act,

“offence” means an offence under an Act of the Legislature or under a regulation or by-law made under the authority of an Act of the Legislature; (“infraction”)

61 Except where otherwise expressly provided by law, every person who is convicted of an offence is liable to a fine of not more than $5,000. R.S.O. 1990, c. P.33, s. 61.

CET-70900-17 (Re), 2017 CanLII 93897 (ON LTB)

9. Locking the Tenant out of the unit and removing his belongings did not end the tenancy. As set out in subsection 37(1) of the Residential Tenancies Act, 2006 (the 'Act') a tenancy can only be terminated in accordance with the Act.

10. Section 39 of the Act states that a landlord shall not recover possession of a rental unit unless the Tenant has abandoned or already vacated (moved out of) the rental unit or an order of the Board has evicted the tenant. There is no dispute that none of those situations are applicable. The Tenant was still living in the unit when the Landlord changed the locks and the Landlords did not have an order from the Board to evict the Tenant.

11. The Landlord showed little awareness of the seriousness of his actions. He has committed an offence. Subsection 233 (b) of the Act states that it is an offence to change the locks to the unit without giving the Tenant a replacement key. Offences under the Act are investigated by the Rental Housing Enforcement Unit and are punishable by a fine of up to $25,000.00 pursuant to section 238 of the Act.

26. The Tenant also requested a fine in the application. No specific amount was requested. Due to the seriousness of the Landlords’ actions and their total disregard for their obligations under the Act, a fine in the amount of $1,000.00 is ordered to discourage any future breaches of the Act.

11. If the Landlord(s) do not allow the Tenant to recover possession of the unit, the Tenant may immediately file this order with the Court Enforcement Office (Sheriff) so that the order may be enforced.