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OntarioPassed43rd Parliament, 1st Session

Bill 97 explained in plain English

Helping Homebuyers, Protecting Tenants Act, 2023

Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Ontario Legislature
Legislature / Parliament
Legislative Assembly of Ontario
Session
43rd Parliament, 1st Session
Bill number
Bill 97
Full title
Helping Homebuyers, Protecting Tenants Act, 2023
Current status
Passed
Latest event
Royal Assent received
Last updated
Jun 8, 2023

Official Legislative Assembly of Ontario snapshot for 43rd Parliament, 1st Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.

Chamber
Legislative Assembly of Ontario
Current Stage
Royal Assent received
Latest Activity
Jun 8, 2023
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill 97 amends Ontario housing and development laws to speed up housing approvals, modify rental property rules, and increase protections for tenants regarding repairs and air conditioning.

What It Means

Bill 97 makes changes to Ontario laws affecting housing development, home building, and tenant rights. The bill amends multiple acts to: **Housing and Development:** - Changes how inspectors are appointed under the Building Code Act. - Gives the Ministry of Municipal Affairs and Housing more authority to regulate how Toronto and local municipalities handle demolition and conversion of rental properties. - Modifies development charge rules to apply to all land types, not just urban residential land. - Increases the role of a Provincial Land and Development Facilitator and allows appointment of up to four Deputy Facilitators to advise on land development matters. - Gives the Minister power to require land owners to enter into agreements about land development in certain situations. - Changes planning rules about what counts as an "area of employment" (commercial and industrial zones). - Reduces the time municipalities have to notify people about certain planning by-laws from 30 days to 20 days. - Changes fee refund rules for planning applications and building permit plans received after July 1, 2023. **Tenant Protections and Rights:** - Allows tenants to install window or portable air conditioners in rental units where the landlord does not provide air conditioning, with some exceptions and conditions. - Allows landlords to increase rent to cover the cost of electricity used by a tenant's air conditioner, but only up to the actual cost or a reasonable estimate. - Requires landlords to provide a report from a qualified person when evicting tenants for major repairs or renovations, stating that vacant possession is needed. - Gives tenants more time and clearer notice requirements if they want to move back into a unit after repairs or renovations. - Creates a legal presumption that a landlord acted in bad faith if they evicted someone for repairs but no one moved in within a prescribed time period. - Requires settlement agreements between landlords and tenants before the Landlord and Tenant Board to be in a form approved by the Board. - Increases maximum fines for violations from $50,000 to $100,000 for individuals and from $250,000 to $500,000 for corporations. The bill received Royal Assent on June 8, 2023, and most changes took effect immediately. Some provisions come into force on a date to be proclaimed by the Lieutenant Governor.

What This Bill Does
  • Amends the Building Code Act, 1992 to have the Deputy Minister of Municipal Affairs and Housing appoint building inspectors instead of using the Public Service of Ontario Act process
  • Gives the Minister of Municipal Affairs and Housing authority to make regulations governing how Toronto and local municipalities regulate demolition and conversion of rental properties
  • Allows the Minister to restrict or limit the powers of municipalities to prohibit or regulate demolition and conversion of residential rental properties through regulations
  • Modifies development charge exemptions to apply to all land, not just urban residential land, in prescribed areas
  • Allows the Minister to appoint up to four Deputy Facilitators in addition to the Provincial Land and Development Facilitator
  • Gives the Minister power to require land owners to enter into agreements with the province or municipalities regarding land development when a Facilitator or Deputy Facilitator has been directed to advise or make recommendations about that land
  • Changes the definition of 'area of employment' in planning law to exclude institutional uses and most retail/office uses not directly related to manufacturing or warehousing
  • Reduces the time municipalities have to give notice of certain planning by-laws from 30 days to 20 days
  • Allows a single appeal process for all persons or public bodies receiving notice of a planning by-law, rather than separate procedures
  • Changes planning fee refund rules to apply to applications and plans received on or after July 1, 2023, instead of January 1, 2023
  • Allows tenants to install window or portable air conditioners in rental units where the landlord does not provide air conditioning, subject to conditions and exceptions
  • Allows landlords to increase rent to cover the cost of electricity used by a tenant's air conditioner, up to the actual cost or a reasonable estimate based on tenant information
  • Requires landlords to provide a written report from a qualified person when giving notice of eviction for major repairs or renovations, stating vacant possession is needed
  • Makes failure to provide the required report render the eviction notice void
  • Requires landlords to notify tenants of the estimated date the unit will be ready after repairs, any changes to that date, and the final date it is ready
  • Gives tenants at least 60 days to decide whether to move back into a unit after repairs or renovations are completed
  • Creates a legal presumption that a landlord acted in bad faith if they evicted someone for repairs but no one related to the landlord moved in within a prescribed time period
  • Requires written settlement agreements between landlords and tenants before the Landlord and Tenant Board to be in a form approved by the Board
  • Increases maximum fines for violations of the Residential Tenancies Act from $50,000 to $100,000 for individuals and from $250,000 to $500,000 for corporations
  • Gives the Minister authority to make regulations governing window and portable air conditioner installation, use, and maintenance
  • Gives the Minister authority to prescribe qualifications for persons writing reports about repairs and renovations requiring vacant possession
  • Gives the Minister authority to prescribe a time period for determining when a landlord acted in bad faith regarding repairs
Who Is Affected
  • Tenants in Ontario rental units
  • Landlords in Ontario who own rental properties
  • The City of Toronto
  • Local municipalities in Ontario
  • Land owners and developers
  • Building inspectors and the Ministry of Municipal Affairs and Housing
  • The Provincial Land and Development Facilitator and Deputy Facilitators
  • The Landlord and Tenant Board
  • Municipalities attempting to regulate demolition and conversion of rental properties
  • Applicants for planning approvals and building permits
  • People or businesses receiving notice of planning by-laws
Rights, Duties, Or Obligations
  • Tenants have the right to install window or portable air conditioners in rental units where the landlord does not provide air conditioning, subject to conditions including written notice to the landlord, safe installation, and compliance with property standards by-laws
  • Tenants must notify landlords in writing before installing an air conditioner, and if applicable, include information about the air conditioner's energy efficiency and anticipated usage
  • Landlords may prohibit air conditioner installation in prescribed circumstances
  • Landlords may increase rent to cover the actual cost of electricity used by a tenant's air conditioner (or a reasonable estimate based on tenant information provided), but this does not apply if the lease expressly allows the air conditioner without rent increase
  • Landlords must decrease rent if a tenant removes an air conditioner or seasonally stops using it
  • Landlords giving notice of eviction for major repairs or renovations must provide a report from a qualified person stating that vacant possession is needed, or the notice is void
  • Landlords must notify tenants of the estimated date a unit will be ready after repairs, changes to that date, and when it is ready
  • Tenants have at least 60 days after a unit is ready to decide whether to move back in after repairs or renovations
  • Landlords must provide settlement agreements in a form approved by the Landlord and Tenant Board
  • Landlords who evict tenants for repairs but do not have a related person occupy the unit within a prescribed time period are presumed to have acted in bad faith
  • Land owners may be required by the Minister to enter into agreements regarding land development
  • Use of land may be restricted while agreements required by a ministerial order are not finalized
  • Municipalities are subject to regulations made by the Minister regarding their powers over demolition and conversion of rental properties
  • The Deputy Minister of Municipal Affairs and Housing appoints building inspectors
Important Dates
  • June 8, 2023: Bill received Royal Assent
  • June 8, 2023: Most of the Act came into force immediately upon Royal Assent (per section 2(1))
  • July 1, 2023: Date when new fee refund rules apply for planning applications, building permit plans, and air conditioning rules in leases
  • To be proclaimed: Certain provisions of the Planning Act (subsections 1 (1), (1.2), and (12) and subsections 1 (8) to (11)) related to 'area of employment' definition and appeal procedures
  • To be proclaimed: Schedule 7 provisions regarding air conditioning (Section 1) and repairs/renovations tenant protections (Sections 2-5), and Residential Tenancies Act penalty increases (Section 9)
Financial Or Tax Impacts
  • Landlords may increase rent to cover the actual cost of electricity supplied to operate a tenant's air conditioner (or a reasonable estimate), but cannot exceed this amount
  • Landlords must decrease rent if a tenant removes an air conditioner or seasonally stops using it
  • Municipalities must refund planning application fees under certain conditions for applications received on or after July 1, 2023
  • Development charge exemption rules changed, which may affect how development charges are calculated in prescribed areas
  • Maximum fines for violations increased, which may increase enforcement costs or penalties
Enforcement Or Penalties
  • Maximum fines increased from $50,000 to $100,000 for individuals who violate the Residential Tenancies Act
  • Maximum fines increased from $250,000 to $500,000 for corporations that violate the Residential Tenancies Act
  • Failure to provide a qualified person's report when giving notice of eviction for major repairs or renovations renders the notice void
  • Failure by a landlord to comply with notice requirements regarding repairs or renovations is deemed a failure to afford a tenant a right of first refusal
  • A legal presumption that a landlord gave notice of eviction in bad faith if no related person occupied the unit within a prescribed time period after the tenant vacated (unless the landlord proves otherwise)
  • Restrictions on land use may be enforced against land owners who have not entered into agreements required by a ministerial order
Uncertainties Or Limits
  • The bill does not specify which circumstances the Minister will prescribe as exceptions to the tenant's right to install air conditioners
  • The bill does not specify which qualifications a person preparing a repairs/renovations report must have—this is to be prescribed by regulation
  • The bill does not specify what constitutes a 'reasonable estimate' of electricity costs beyond stating it should be based on tenant-provided information
  • The bill does not define what time period will be prescribed for determining bad faith landlord conduct regarding repairs—this will be set by regulation
  • The bill does not specify what additional conditions regarding air conditioner installation and use will be prescribed
  • Some Planning Act amendments (related to area of employment definition and appeal procedures) are to come into force by proclamation, meaning their effective date is uncertain
  • The bill does not specify which municipalities may be prescribed for fee refund exceptions
  • The bill does not clearly define all prescribed areas that might affect development charge exemptions or the residential units exemption in section 114(1.2) of the City of Toronto Act
  • The bill is silent on how the Board will evaluate the 'balance of probabilities' standard for bad faith presumptions
  • The bill does not address how existing air conditioners installed before this Act comes into force will be treated regarding rent increases
Laws Or Regulations Affected
Building Code Act, 1992
amended

Changes how building inspectors are appointed. Instead of using the Public Service of Ontario Act, the Deputy Minister of Municipal Affairs and Housing will appoint them directly.

Source: Schedule 1, Section 1

City of Toronto Act, 2006
amended

Gives the Minister of Municipal Affairs and Housing authority to make regulations governing Toronto's powers to regulate demolition and conversion of rental properties, and can impose restrictions, limits, and conditions on these powers.

Source: Schedule 2, Sections 1-2

Development Charges Act, 1997
amended

Changes exemptions from development charges to apply to 'parcel of land' instead of 'parcel of urban residential land', meaning the exemption may now apply more broadly depending on regulations.

Source: Schedule 3, Section 1

Ministry of Municipal Affairs and Housing Act
amended

Allows the Minister to appoint up to four Deputy Facilitators in addition to the Provincial Land and Development Facilitator to advise on growth, land use, and other matters.

Source: Schedule 4, Section 1

Municipal Act, 2001
amended

Gives the Minister authority to make regulations governing how local municipalities regulate demolition and conversion of rental properties, similar to changes to the City of Toronto Act.

Source: Schedule 5, Section 1

Planning Act
amended

Makes multiple changes including redefining 'area of employment' to exclude institutional and most commercial uses, shortening notice periods from 30 to 20 days for planning by-law appeals, changing fee refund rules to apply to applications received after July 1, 2023, and giving the Minister power to make orders requiring land owners to enter into development agreements.

Source: Schedule 6, Sections 1-12

Residential Tenancies Act, 2006
amended

Adds new tenant rights regarding air conditioner installation, increases protections for tenants facing eviction for repairs or renovations by requiring qualified reports and giving tenants more time to reclaim their units, creates a presumption of bad faith landlord conduct in certain circumstances, requires Board-approved settlement agreements, and increases maximum fines for violations.

Source: Schedule 7, Sections 1-11

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Process Snapshot

Step 1
First reading
Apr 6, 2023
Step 2
Second reading
May 29, 2023
Step 3
Committee review
May 29, 2023
Step 4
Third reading
Jun 5, 2023
Step 5
Royal assent
Jun 8, 2023

Vote Summary

Yes
72
No
28
Abstain
0
Absent / Other
0
Final recorded vote
Jun 5, 2023
100 representative positions are recorded in this official snapshot for this vote.
Sponsor
Steve Clark
Progressive Conservative Party of Ontario | Leeds—Grenville—Thousand Islands and Rideau Lakes
Jurisdiction
Ontario Legislature

Representative Voting Breakdown

Vote badges include text labels so the table stays readable for everyone, even without color cues alone.

RepresentativeRoleRidingPartyVoteNotes
MPPBrampton WestProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPWindsor—TecumsehProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPEssexProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPScarborough—AgincourtProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPMarkham—UnionvilleProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPCambridgeProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPSimcoe—GreyProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPEtobicoke—LakeshoreProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPRichmond HillProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPPeterborough—KawarthaProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPScarborough CentreProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPNewmarket—AuroraProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPOakville North—BurlingtonProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPCarletonIndependentYesRecorded without an additional note.
MPPBrampton EastProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPBarrie—InnisfilProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPYork—SimcoeProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPBrampton CentreProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPFlamborough—GlanbrookProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPBarrie—Springwater—Oro-MedonteProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPEtobicoke NorthProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPOxfordProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPBrampton NorthProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPParry Sound—MuskokaProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPKenora—Rainy RiverProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPSimcoe NorthProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPThunder Bay—AtikokanProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPEtobicoke CentreProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPHaliburton—Kawartha Lakes—BrockProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPHuron—BruceProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPAurora—Oak Ridges—Richmond HillProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPYork CentreProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPKitchener—ConestogaProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPMississauga CentreProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPHamilton East—Stoney CreekProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPMississauga—StreetsvilleProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPStormont—Dundas—South GlengarryProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPMarkham—StouffvilleProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPBrampton SouthProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPScarborough NorthProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPElgin—Middlesex—LondonProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPNiagara WestProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPOakvilleProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPKing—VaughanProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPDufferin—CaledonProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPDurhamProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPChatham-Kent—LeamingtonProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPKitchener South—HespelerProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPLanark—Frontenac—KingstonProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPRenfrew—Nipissing—PembrokeProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPMississauga East—CooksvilleIndependentYesRecorded without an additional note.
MPPThornhillProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPNepeanProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPMarkham—ThornhillProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPWhitbyProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPOttawa—VanierOntario Liberal PartyYesRecorded without an additional note.
MPPPerth—WellingtonProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPYork South—WestonProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPLambton—Kent—MiddlesexProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPBurlingtonProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPMiltonProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPAjaxProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPHastings—Lennox and AddingtonProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPBruce—Grey—Owen SoundProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPSarnia—LambtonProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPEglinton—LawrenceProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPSault Ste. MarieProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPMississauga—LakeshoreProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPMississauga—Erin MillsProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPGlengarry—Prescott—RussellProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPOrléansOntario Liberal PartyYesRecorded without an additional note.
MPPBrantford—BrantProgressive Conservative Party of OntarioYesRecorded without an additional note.
MPPParkdale—High ParkNew Democratic Party of OntarioNoRecorded without an additional note.
MPPHaldimand—NorfolkIndependentNoRecorded without an additional note.
MPPWaterlooNew Democratic Party of OntarioNoRecorded without an additional note.
MPPOttawa West—NepeanNew Democratic Party of OntarioNoRecorded without an additional note.
MPPSpadina—Fort YorkNew Democratic Party of OntarioNoRecorded without an additional note.
MPPNickel BeltNew Democratic Party of OntarioNoRecorded without an additional note.
MPPSudburyNew Democratic Party of OntarioNoRecorded without an additional note.
MPPNiagara CentreNew Democratic Party of OntarioNoRecorded without an additional note.
MPPSt. CatharinesNew Democratic Party of OntarioNoRecorded without an additional note.
MPPOshawaNew Democratic Party of OntarioNoRecorded without an additional note.
MPPUniversity—RosedaleNew Democratic Party of OntarioNoRecorded without an additional note.
MPPOttawa CentreNew Democratic Party of OntarioNoRecorded without an additional note.
MPPTimiskaming—CochraneNew Democratic Party of OntarioNoRecorded without an additional note.
MPPWindsor WestNew Democratic Party of OntarioNoRecorded without an additional note.
MPPThunder Bay—Superior NorthNew Democratic Party of OntarioNoRecorded without an additional note.
MPPDavenportNew Democratic Party of OntarioNoRecorded without an additional note.
MPPAlgoma—ManitoulinIndependentNoRecorded without an additional note.
MPPGuelphGreen Party of OntarioNoRecorded without an additional note.
MPPHamilton MountainNew Democratic Party of OntarioNoRecorded without an additional note.
MPPLondon WestNew Democratic Party of OntarioNoRecorded without an additional note.
MPPToronto—DanforthNew Democratic Party of OntarioNoRecorded without an additional note.
MPPHamilton West—Ancaster—DundasNew Democratic Party of OntarioNoRecorded without an additional note.
MPPHamilton CentreIndependentNoRecorded without an additional note.
MPPKiiwetinoongNew Democratic Party of OntarioNoRecorded without an additional note.
MPPLondon North CentreNew Democratic Party of OntarioNoRecorded without an additional note.
MPPLondon—FanshaweNew Democratic Party of OntarioNoRecorded without an additional note.
MPPHumber River—Black CreekNew Democratic Party of OntarioNoRecorded without an additional note.
MPPNiagara FallsNew Democratic Party of OntarioNoRecorded without an additional note.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced