Toronto Renters Forum

Q1   Are landlords and tenants in Ontario/Canada always complying with the Federal and Provincial Laws?
A1   The answer is that in the highlighted areas below1, landlords are allegedly in violation of the Canadian Charter of Rights and Freedoms, the Ontario Residential Tenancies Act! And the details are given below1. And landlords can be motivated to comply with the laws by offering them a winning proposition.
Q2   Why is it necessary to register a Tenants’ Association in Ontario/Canada?
A2   In many rental properties the landlords do not encourage tenants to form an independent association or even register - even though this is covered in the Residential Tenancies Act, 2006, S.O. 2006, c. 17 (described below1). The reason is that many landlords and tenants do not know the advantages of registering a Tenants Association which can bring about a “win-win’ situation for both.
Q3   What are the advantages of registering a Tenants’ Association
A3   The following are the advantages of registering a Tenants’ Association:
1.   By registering the Tenants Association as a non-profit corporation, the bylaws which are part of the registration would include accountability of the executive/board and the tenants (rights and obligations)
2.   Sometimes, by registering a Tenants’ Association, the tenants become owners of a non-profit corporation for which there are monetary benefits. In collaboration with the landlord and the bylaws of their incorporation, they can have a store in the building, a vending machine, etc. and thus use the revenues to improve their lifestyles.
3.   The registered bylaws make it mandatory for the registered board to comply with the laws – at the risk of being liable since the Courts will treat cases of registered tenants associations more positively since the parties have taken recourse to governing themselves and reduce the burden on the court system.
4.   The executive/board of the Tenants are held accountable for the functioning of the Association.
5.   The landlord’s rights and obligations can be included in the bylaws which make the registered Association a collaborative method of running of the building.
6.   The registered Association can apply for grants and funding under various government and private funding opportunities.
7.   By applying for grants and funding, the registered Association can generate revenue, undertake making their building more handicapped friendly, address any soft challenges faced by the tenants, increase social activities that improve the mental and physical health of the tenants and collaborate with the landlord to bring about a win-win for all.
Legitimate information   Situation in some Rental Properties
CONSTITUTION ACT, 1982 PART I
Canadian Charter of Rights and Freedoms
and its importance in the daily lives of Canadians:
PART I - Bill of Rights
Marginal note: Recognition and declaration of rights and freedoms
1 It is hereby recognized and declared that in Canada there have existed and shall continue to exist without discrimination by reason of race, national origin, colour, religion or sex, the following human rights and fundamental freedoms, namely,
•   (a) the right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law;
•   (b) the right of the individual to equality before the law and the protection of the law;
•   (c) freedom of religion;
•   (d) freedom of speech;
•   (e) freedom of assembly and association; and
•   (f) freedom of the press.   Residents of SILF:
•   Deprived of freedom of speech
•   Deprived of freedom of the press
•   Deprived to have an independent Residents Association free from the interference of the landlord.
Residential Tenancies Act, 2006, S.O. 2006, c. 17
THE RESIDENTIAL TENANCIES ACT OFFENCES
Harassment
Under the Residential Tenancies Act, 2006 it is an offence:
•   for a landlord (or someone acting on behalf of a landlord) to do things that would interfere with a tenant’s ability to enjoy living in their rental unit
•   to threaten, interfere with, or harass a tenant to move out of a rental unit
•   to try to stop a tenant from forming or taking part in a tenants’ association
It is an offence to interfere with or try to stop a landlord or tenant from:
•   taking part in a hearing
•   filing an application under the act
•   exercising their rights under the act   Residents of SILF are:

•   Deprived of freedom of speech
•   Deprived of freedom of the press
•   Deprived to have an independent Residents Association free from the interference of the landlord.