Bill 47, Protecting Human Rights in an Emergency Act (Emergency Power Generators), 2023

EXPLANATORY NOTE

The Bill enacts the Protecting Human Rights in an Emergency Act (Emergency Power Generators), 2022. The Act amends the Residential Tenancies Act, 2006 and the Condominium Act, 1998 to require landlords and corporations, respectively, to ensure buildings have emergency power generators.

Bill 47 2022

An Act to amend the Residential Tenancies Act, 2006 and the Condominium Act, 1998 to require emergency power generators

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

1 The Residential Tenancies Act, 2006 is amended by adding the following section:

Landlord’s responsibility re emergency power generators

21.1  (1)  A landlord is responsible for ensuring that a building has an emergency power generator or generators capable of doing the following for a minimum of two weeks during a power outage:

   1.  In the case of a building with one or more elevators, running at least one elevator.

   2.  Powering lights in,

           i.  all hallways, corridors, stairways and exits, and

          ii.  any elevator powered in accordance with paragraph 1.

   3.  Ensuring water access in residential units.

Same

(2)  The emergency power generator must be turned on within the prescribed time during a power outage.

2 Section 126 of the Act is amended by adding the following subsection:

Exception

(1.1)  Despite subsection (1), a landlord may not apply to the Board for an order under that subsection in relation to expenses incurred in order to comply with section 21.1.

3 Subsection 241.1 (1) of the Act is amended by adding the following paragraph:

3.1  prescribing the time period for the purposes of subsection 21.1 (2);

4 The Condominium Act, 1998 is amended by adding the following section immediately after section 88:

Emergency Power Generators

Emergency power generators

88.1  (1)  The corporation is responsible for ensuring that every building has an emergency power generator or generators capable of doing the following for a minimum of two weeks during a power outage:

   1.  Running at least one elevator.

   2.  Powering lights in,

           i.  all hallways, corridors, stairways and exits, and

          ii.  any elevator powered in accordance with paragraph 1.

   3.  Ensuring water access in units.

Same

(2)  The emergency power generator must be turned on within the prescribed time during a power outage.

5 Subsection 177 (2) of the Act is amended by adding the following paragraph:

8.1  prescribing the time period for the purposes of subsection 88.1 (2);

Commencement

6 This Act comes into force six months after the day it receives Royal Assent.

Short title

7 The short title of this Act is the Protecting Human Rights in an Emergency Act (Emergency Power Generators), 2022.