Bill 40 2005

An Act respecting
the disclosure of information
about crimes to purchasers
of land and to tenants

Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.

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

1.  The Conveyancing and Law of Property Act is amended by adding the following section:

Covenant about crimes in agreement

62.  Every agreement of purchase and sale made on or after the day this section comes into force for the conveyance of land on which a building or structure is located shall be deemed to include a covenant that the vendor warrants to the purchaser that the building or structure has never been used, during the time that the vendor had a legal interest in the land, in the commission of a criminal offence resulting in the conviction of any person, except as disclosed in the agreement.

2.  The Tenant Protection Act, 1997 is amended by adding the following section:

Covenant about crimes in agreement

8.1  A tenancy agreement made on or after the day this section comes into force shall be deemed to include a covenant that the landlord warrants to the tenant that the building or structure in which the rental unit covered by the agreement is located has never been used, during the time that the landlord has had a legal interest in the rental unit, in the commission of a criminal offence resulting in the conviction of any person, except as disclosed in the agreement.

Commencement

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

Short title

4.  The short title of this Act is the Disclosure of Crimes on Property Act, 2005.

EXPLANATORY NOTE

The Bill amends the Conveyancing and Law of Property Act and the Tenant Protection Act, 1997 to provide that a vendor in an agreement of purchase and sale and a landlord in a tenancy agreement must disclose to the purchaser or tenant whether the property that is the subject of the agreement has been used to commit a crime during the time that the vendor or landlord had a legal interest in the property.