Bill 63 2001

An Act to amend the
Tenant Protection Act, 1997

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. Section 42 of the Tenant Protection Act, 1997 is repealed and the following substituted:

Property of tenant

42. (1) This section applies if a tenant's property remains in the rental unit or residential complex when the tenant vacates the unit under an eviction order or after receiving a notice of termination from the landlord.

Duty of landlord

(2) The landlord shall keep the property available for retrieval, in the rental unit or residential complex or at a nearby location, during the 30-day period after the tenant vacates the unit.

Same

(3) The landlord shall ensure that the property is protected against loss and damage.

Compensation

(4) The landlord is required to pay compensation to the tenant for any loss or damage to property that occurs during the 30-day retrieval period or, in the case of eviction, during the enforcement of the eviction order.

Same

(5) The amount of compensation is,

(a) in the case of property that is lost, its fair market value;

(b) in the case of property that is damaged, the amount by which its fair market value decreases as a result.

Order

(6) The Tribunal may, on the tenant's application, make an order requiring the landlord to,

(a) make property available for retrieval in accordance with subsection (2);

(b) pay compensation in accordance with subsections (4) and (5).

Commencement

2. This Act comes into force on the day it receives Royal Assent.

Short title

3. The short title of this Act is the Tenant Protection Amendment Act, 2001.

EXPLANATORY NOTE

The Bill amends the Tenant Protection Act, 1997 to provide that when a tenant is evicted, or leaves on receiving a notice of termination, and leaves property behind, the landlord is required to keep the property available for retrieval for 30 days and to compensate the tenant for any loss or damage to it.