Residential Tenancies Act: Briefing Book - Michael Walker

Residential Tenancies Act, 2007
B R I E F I N G B O O K
Summary of Key Differences
Residential Tenancies Act vs. Tenant Protection Act
Background
The RTA is mostly based on the TPA; however, it has introduced some changes to the
most controversial provisions of the old law, such as the default eviction process and
applications for above-guideline rent increases. The following table summarizes the
differences or changes in key issues between the new law and the old law. A summary
brochure on the new changes is available on the Ministry’s website in English, French
and ten other language at:
http://www.mah.gov.on.ca/userfiles/HTML/nts_1_28468_1.html
Rules that have been changed
Key Issue RTA TPA
Eviction Applications No default process for evictions – tenants
not required to dispute and all applications
go to a hearing or mediation
Determination of annual
rent increase guideline
Tenants required to file a
dispute within 5 days;
otherwise, there will be no
hearing and the tenant will
be evicted by default order
For applications due to non-payment of rent, No such provision
the tenant may bring up any related
landlord-tenant matters (e.g. poor
maintenance); the Board may order
remedies to resolve the matters
At all eviction hearings, the adjudicator
cannot grant eviction until s/he reviews
tenant’s circumstances and considers
whether to deny or delay eviction
Annual guideline to be based on monthly
Ontario CPI averaged over the 12-month
period ending May 31 of the previous year
No such provision
Based on building operating
costs (8 cost categories)
averaged over 3 years
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