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Residential Landlord and Tenant (Ontario) Legal Guide
Chapter 17 - Offences
(01 September 2020)- Overview
- Full Mens Rea Offences
(a) Overview
(b) Withholding Vital Services
(c) Altering Locking Systems
(d) Restriction on Entry by Political Canvassers
(e) Unauthorized Seizure of Tenant Property (Distress)
(f) Denial of Right of First Refusal
(g) Failure to Pay Termination Compensation or Offer Alternative Compensation on Certain Terminations
(h) Coercion Regarding Agreements to Increase Rent on Capital Expenditures and Other Service Increases
(i) Harassment, Hindering, Obstruction or Interference with Tenant Re Enforcement of Tenant Rights
(j) Harassment, Coercion, Threatening or Interference with Tenant to Induce Them to Leave
(k) Harassment, Hindering, Obstruction or Interference with Landlord Re Enforcement of Landlord Rights
(l) Obtaining Possession Through Bad Faith Notice
(m) Coercion of Tenant Re Mobile Home Park or Land Lease Community Sale or Lease Agency Agreement
(n) Harassment and Interference With Reasonable Enjoyment of Tenant
(o) False or Misleading Information Re Abuse Notice
- Strict Liability Offences
(a) Overview
(b) Illegal Entry
(c) Failure to Make Tenant Property Available After Eviction
(d) Issuance of Notice of Termination for Personal or Purchaser Possession to Protected Condominium Tenant
(e) Security Deposits
(f) Failure to Pay Interest on Rent Deposit
(g) Failure to Apply Rent Deposit to Last Month's Rent
(h) Retaining Rent Deposit Where Possession Not Given
(i) Failure to Provide Tenant Rent or Other Receipt
(j) Failure to Provide True "Serious Breach" Rent Increase Restriction Notice to New Tenant
(k) Landlord Requires Illegal Proposed Rent During Above-Guideline Rent Increase Application
(l) Failure to Provide Utility Cost Information to Tenants After Above-Guideline Order Based on Utility Expense
(m) Collecting or Requiring Illegal Charges
(n) Failing to Provide Required Information Package on Issuing Notice of Increase in Care Home
(o) Acts to Prevent Care Home Tenant From Obtaining External Care Home Services
(p) Interference with Care Home Tenant Obtaining External Care Home Services
(q) Increase in Care Service or Meals Charges to Care Home Tenant Without Proper Notice
(r) Interference With Tenant Selling or Leasing Mobile Home
(s) Restriction on Right of Mobile Home Park or Land Lease Community Tenant to Freely Purchase Goods or Services
(t) Illegal Paralegal Contingency Fees
(u) Failure to Comply with Ministry Inspector's Work Order
(v) Obstruction or Interference With Inspector Exercising Power of Entry
(w) Providing or Filing False or Misleading Information
(x) Illegal Recovery of Possession of Rental Unit
(y) Charging an Illegal Rent
(z) Contravention of Some Board Orders
(aa) Breach of Confidentiality When Abuse Notice Given
- Ancillary Offences
(a) Overview
(b) Attempt Offences
(c) Director and Officer Offences
- Penalties
- Limitation
- Evidence
1. Overview
The Residential Tenancies Act establishes a large number of prosecutable offences to aid in enforcement of its provisions. These belong to a larger family of offences called "provincial offences" because they are distinct from federal criminal offences and are prosecuted by procedures under the Provincial Offences Act. They are also sometimes referred to as "quasi-criminal" or regulatory offences.
Provincial Offences Act
These regulatory offences come in two types, which differ by the elements that must be proven for a conviction. The first type (full mens rea) is like the conventional criminal offence in that both a mental element (mens rea) and the act or omission (the behavioural) element (actus reus), must be proven. The second type (strict liability), will infer the mental element on proof of the behavioural element, subject to the defendant proving that they exercised due diligence in trying to avoid committing the behavioural element. An omission generally can satisfy the actus reus requirement if the person was under a legal duty under the Residential Tenancies Act to act, but failed to do so.
There are a lot more details involved in an actual prosecution which are beyond the scope of this present Isthatlegal.ca Residential Landlord and Tenant (Ontario) Legal Guide.
Complaints regarding these offences may be made to the Ministry as per this link:
MMAH Investigations and Enforcement
The Ministry is not aggressive in such matters. Private prosecution of these offences is possible but procedures for this are complex and not covered here.
2. Full Mens Rea Offences
(a) Overview
All of the following offences require that the offender have full intention ("knowingly") to commit the offence [Act s.233]. This does not mean intention to break the law (meaning that ignorance of the law is not an excuse), it means intention to commit the acts (or omissions) which constitute the offence. These are called 'mens rea' offences, and full mens rea is considered the highest degree of the mental element - like that required for most criminal offences. As such it is generally more difficult to prove.
Below are listed the behavioural elements of these various mens rea offences.
Note that the offences listed can all be committed by a "person", which can variously include landlords, superintendents, employees and at time even tenants and other occupants. As well, corporations are considered "persons" for these purposes.
(b) Withholding Vital Services
The behavioural element of this offence is committed where a person "withholds the reasonable supply of a vital service, care service or food or interferes with the supply in contravention of section 21". Section 21 sets out the landlord's similar responsibilities not to "withhold the reasonable supply of any vital service, care service or food that it is the landlord's obligation to supply under the tenancy agreement or deliberately interfere with the reasonable supply of any vital service, care service or food."
These issues are discussed at greater length in Ch.3, s.4(c): "Tenant Rights, Responsibilities and Remedies: Repairs, Vital Services and Maintenance: Vital and Other Services".
(c) Altering Locking Systems
The behavioural element of this offence is committed when a person "alters or causes to be altered the locking system on any door giving entry to a rental unit or the residential complex in a manner that contravenes section 24 or 35". Section 24 prohibits the landlord from making such changes without giving the tenant keys, and s.35 prohibits tenants from making such changes without the landlord's consent.
These issues are discussed at greater length in Ch.3, s.3(i): "Tenant Rights, Responsibilities and Remedies: Privacy, Entry and Related: Changing Locks".
(d) Restriction on Entry by Political Canvassers
The behavioural element of this offence is committed when a person "restricts reasonable access to the residential complex by political candidates or their authorized representatives in contravention of section 28". Section 28 makes this behaviour an offence if the canvassers is "seeking access for the purpose of canvassing or distributing election material."
These issues are discussed at greater length in Ch.3, s.3(h): "Tenant Rights, Responsibilities and Remedies: Privacy, Entry and Related: No Restriction on Entry by Political Canvassers".
(e) Unauthorized Seizure of Tenant Property (Distress)
The behavioural element of this offence is committed when a person "seizes any property of the tenant in contravention of section 40". Section 40 prohibits what is called "distress", and states that "no landlord shall, without legal process, seize a tenant's property for default in the payment of rent or for the breach of any other obligation of the tenant."
Essentially then, seizure of tenant property in satisfaction of alleged debts, without proper legal process (such as enforcement of a writ of seizure and sale granted as a result of a Board or court order) is an offence.
These issues are discussed more in Ch.14, s.7: "Hearings, Orders and Enforcement: Enforcement and Stays of Enforcement".
See the Isthatlegal.ca Small Claims Court (Ontario) Legal Guide at this link for legal collection techniques:
Ch.16: Collection
(f) Denial of Right of First Refusal
Under the RTA, "regular" terminations by reason of repair or renovation may provide the tenant with a "right of first refusal", which is a right to have the "new" or renovated unit offered to them (for rental) first (at the "old" rent plus normal increases) before it goes on the open market. Note however that in the case of repair or renovation that an active claim to this right must be asserted by the tenant [see Ch.5, s.3(d) re repair/renovation].
Situations of condominium conversion and sale can also invoke a similar right to first refusal if the owner receives an offer of purchase and sale. The tenant's right is to have the premises offered to them for purchase on the same terms as the received offer [see Ch.5, s.2(f) re personal and purchaser possession of condominums].
The behavioural element of this offence is committed when a person "fails to afford a tenant a right of first refusal in contravention of section 51 or 53". Section 51 address condominium conversions, and s.53 addresses situations of repair and renovation.
(g) Failure to Pay Termination Compensation or Offer Alternative Compensation on Certain Terminations
A number of termination provisions (personal and purchaser possession, demolition and conversion, repair or renovation, severance) create a duty on the landlord to either pay money (commonly one or three month's rent) to the tenant as compensation for the termination, or to offer them a new (and acceptable) unit.
The behavioural element of this offence is committed when a person "recovers possession of a rental unit without complying with the requirements of sections 48.1, 49.1, 52, 54 and 55". Section 48.1 addresses personal possession, s.49.1 purchaser possession, s.52 demolition and conversion, s.54 repair or renovation and s.55 severance situations.
These issues are discussed more in Ch.5, s.3: "Regular Landlord Terminations: Demolition, Conversion and Repair/Renovation".
(h) Coercion Regarding Agreements to Increase Rent on Capital Expenditures and Other Service Increases
The RTA allows tenants to agree to above-guideline rent increases (maximum three percent) in exchange for specific capital expenditures and the provision of new or additional services [Act s.121].
The behavioural element of this offence is committed when a person "coerces a tenant to sign an agreement referred to in section 121".
These issues are discussed more in Ch.12, s.5: "Other Rent Proceedings: Agreements to Increase Rent on Capital Expenditures and Other Service Increases".
(i) Harassment, Hindering, Obstruction or Interference with Tenant Re Enforcement of Tenant Rights
The behavioural element of this offence is committed when a person "harasses, hinders, obstructs or interferes with a tenant in the exercise of:- securing a right or seeking relief under this Act or in a court,
- participating in a proceeding under this Act, or
- participating in a tenants' association or attempting to organize a tenants' association."
These issues are discussed more in Ch.3, s.2(d): "Tenant Rights, Responsibilities and Remedies: General Rights and Responsibilities: Harassment" and Ch.9, s.5(c): "Termination Defences: Positive Defences: Mandatory Refusals".
(j) Harassment, Coercion, Threatening or Interference with Tenant to Induce Them to Leave
The behavioural element of this offence is committed when a person "harasses, coerces, threatens or interferes with a tenant in such a manner that the tenant is induced to vacate the rental unit".
(k) Harassment, Hindering, Obstruction or Interference with Landlord Re Enforcement of Landlord Rights
The behavioural element of this offence is committed when a person "harasses, hinders, obstructs or interferes with a landlord in the exercise of:- securing a right or seeking relief under this Act or in a court, or
- participating in a proceeding under this Act."
(l) Obtaining Possession Through Bad Faith Notice
The behavioural element of this offence is committed when a person "obtains possession of a rental unit improperly by giving a notice to terminate in bad faith". "Bad faith" - roughly - means fraudulently, or for a reason other than what was stated.
This issue is discussed more in Ch.5, s.4: "Regular Landlord Terminations: Former Tenants' Application Where Bad Faith Termination for Personal Possession, Purchaser Possession or Demolition/Conversion/Repair".
(m) Coercion of Tenant Re Mobile Home Park or Land Lease Community Sale or Lease Agency Agreement
The behavioural element of this offence is committed when a person "coerces a tenant of a mobile home park or land lease community to enter into an agency agreement for the sale or lease of their mobile home or land lease home or requires an agency agreement as a condition of entering into a tenancy agreement."
This issue is discussed more in Ch.2, s.4(d): "Special and Exempt Premises: Mobile Home Parks and Land Lease Communities: Tenant's Right to Sell or Lease Home".
(n) Harassment and Interference With Reasonable Enjoyment of Tenant
The behavioural element of this offence is committed when a person "harasses a tenant or interferes with a tenant's reasonable enjoyment of a rental unit or the residential complex" [Act s.235].
This provision is not violated by the "carrying out of repairs, maintenance and capital improvements ... unless it is reasonable to believe: (a) that the date or time when the work is done or the manner in which it is carried out is intended to harass the tenant or interfere with the tenant's reasonable enjoyment; or
(b) that the repairs, maintenance or capital improvements were carried out without reasonable regard for the tenant's right to reasonable enjoyment. Issues related to these are discussed in Ch.3, s.2(d)(e): "Tenant Rights, Responsibilities and Remedies: General Rights and Responsibilities: Harassment" and "Reasonable Enjoyment".
(o) False or Misleading Information Re Abuse Notice
The behavioural element of this offence is committed when a person "provides false or misleading information in connection with the giving of a notice under subsection 47.1 (1) or 47.2" [Act 233(d.1].
This offense relates to 2016 amends which allow tenants (and joint tenants) to break leases in 28 days when there are court orders relating to their being abused or the tenant alleges abuse by co-residents, against themselves or co-resident children.
3. Strict Liability Offences
(a) Overview
The offences listed in this section are called "strict liability" offences. This means that the mental element (mens rea) is different from the "full" intent required for mens rea offences listed above in s.2.
"Strict liability" means that, on the commission of the behavioural element of the offence, the mental element will be presumed in law - subject to the defendant proving - on a balance of probabilities (ie. more likely than not) - that they acted with "due diligence" to avoid committing the offence [Act s.234]. These are sometimes also called "negligence" offences as they focus on the steps taken by the defendant to avoid the behaviour.
Below are listed the behavioural elements of these various offences.
Note that the offences listed can all be committed by a "person", which can variously include landlords, superintendents, employees and at time even tenants and other occupants. As well, corporations are considered "persons" for these purposes.
(b) Illegal Entry
The behavioural element for this offence is committed when a person "enters a rental unit where such entry is not permitted by section 26, 27 or 142 or enters without first complying with the requirements of section 26, 27 or 142".
These cited provisions refer to various aspects of the privacy and entry laws discussed in Ch.3, s.3: "Tenant Rights, Responsibilities and Remedies: Privacy, Entry and Related", and Ch.2, s.3 "Special and Exempt Premises: Care Homes".
(c) Failure to Make Tenant Property Available After Eviction
The behavioural element for this offence is committed when a person "fails to make an evicted tenant's property available for retrieval in accordance with subsection 41(3)". This refers to the tenant's chattel (personal) property that was left in the unit.
This issue is discussed further in Ch.8, s.4: "Other Termination Procedures: Tenant Property".
(d) Issuance of Notice of Termination for Personal or Purchaser Possession to Protected Condominium Tenant
The behavioural element for this offence is committed when a person "gives a notice to terminate a tenancy under section 48 or 49 in contravention of section 51". Section 48 and 49 relate to personal and purchaser possession terminations, respectively. Section 51 sets out protected tenure status for tenants who have been resident in condominiums since they were established as condominiums, subject to some exceptions.
These issues are discussed further in Ch.5, s.2: "Regular Landlord Terminations: Personal and Purchaser Possession".
(e) Security Deposits
The behavioural element for this offence is committed when a person "requires or receives a security deposit from a tenant contrary to section 105".
Section 105 sets out which "security deposits" are legal and which are illegal. They are further discussed in Ch.10, s.5(d): "Rent Fundamentals: Non-Rent Charges and Security Deposits: Security Deposits".
(f) Failure to Pay Interest on Rent Deposit
The behavioural element for this offence is committed when a person "fails to pay to the tenant annually interest on the rent deposit held in respect of their tenancy in accordance with section 106". Section 106 sets out the tenant's right to receive annual interest (at the rent increase guideline amount) on the last month's rent deposit [see Ch.10: s.5(d): "Rent Fundamentals: Non-Rent Charges and Security Deposits: Security Deposits".
(g) Failure to Apply Rent Deposit to Last Month's Rent
The behavioural element for this offence is committed when a person "fails to apply the rent deposit held in respect of a tenancy to the rent for the last month of the tenancy in contravention of subsection 106 (10)". Section 106(10) simply repeats this duty.
This issue is further discussed in Ch.10, s.5(d): "Rent Fundamentals: Non-Rent Charges and Security Deposits: Security Deposits".
(h) Retaining Rent Deposit Where Possession Not Given
The behavioural element for this offence is committed when a person "fails to repay an amount received as a rent deposit as required by subsection 107 (1) or (2)". Section 107 requires a landlord to return any unused portion of a rent deposit given by a prospective tenant if they either do not take possession of the unit, or take possession of another unit with a smaller legal rent deposit amount.
This issue is further discussed in Ch.10, s.5(d): "Rent Fundamentals: Non-Rent Charges and Security Deposits: Security Deposits".
(i) Failure to Provide Tenant Rent or Other Receipt
The behavioural element for this offence is committed when a person "fails to provide a tenant or former tenant with a receipt in accordance with section 109". Section 109 sets out a tenant or former tenant's entitlement to - without charge - receive a receipt for "the payment of any rent, rent deposit, arrears of rent or any other amount paid to the landlord" [see Ch.10, s.1(e): "Rent Fundamentals: Rent and Rent Controls: Payment Issues"].
(j) Failure to Provide True "Serious Breach" Rent Increase Restriction Notice to New Tenant
The behavioural element for this offence is committed when a person "fails to provide the notice in the form required under section 114 or gives false information in the notice".
Where the Board has found that a landlord has committed a "serious breach" of their repair obligation, it may issue special "rent increase restriction" Orders. The landlord has a legal duty to provide notice of these Orders to new tenants under s.114.
These issues are discussed more extensively in Ch.12, s.6: "Other Rent Proceedings: 'Serious Breach' Rent Increase Restriction Orders and New Tenants".
(k) Landlord Requires Illegal Proposed Rent During Above-Guideline Rent Increase Application
The behavioural element for this offence is committed when a person "requires a tenant to pay rent proposed in an application in contravention of subsection 126(5)".
Section 126 is the main "above-guideline" rent increase provision where a landlord can seek to justify rent increases above the prescribed annual "guideline" amount [see Ch.10: "Rent Fundamentals"]. While such an application is pending (they take a while and can result in retroactive increases) the tenant has their choice of paying rent just with the guideline increase, or at the new proposed rent under the s.126 application. This offence is committed where the landlord "requires" the tenant to pay more than they are required to under these provisions.
These issues are discussed more in Ch.11, s.3: "Above-Guideline Rent Increases: Rent Pending Order".
(l) Failure to Provide Utility Cost Information to Tenants After Above-Guideline Order Based on Utility Expense
Above-guideline rent increases based (in whole or part) on an "extraordinary increase" in utility expenses may be ordered by the Board [Act s.126]. When this is done the landlord has an obligation, spelled out in the Order, to provide the tenants with accounting information regarding such expense over the next five years so that the tenant may verify if they are entitled to any reduction of the initial increase based on a reduction of utility expenses.
The behavioural element for this offence is committed when a person "fails to provide information on the total cost of utilities in accordance with subsection 128(2)".
This duty is explain in Ch.11, s.7(h): "Above-Guideline [s.126] Rent Increases: Extraordinary Increases in Municipal Expenses and Utilities: Ongoing Landlord Information Requirements" and s.8: "Rent Reduction on Decline in Utilities Expense".
(m) Collecting or Requiring Illegal Charges
In order to maintain the integrity of the rent control elements of the RTA, the Act prohibits anyone (including both landlords, and tenants who are subletting or assigning) from making any of a wide range of additional non-rent charges. These include any "fee, premium, commission, bonus, penalty, key deposit or other like amount of money", any non-rent "consideration for goods or services as a condition for granting the tenancy or continuing to permit occupancy of a rental unit", and the charging to several tenants (or sub-tenants) of a total rent that exceeds the legal rent for the premises [Act s.134].
The behavioural element for this offence is committed when a person "charges or collects amounts from a tenant, a prospective tenant, a former tenant, a subtenant, a potential subtenant, an assignee or a potential assignee in contravention of section 134".
These charges are discussed further in Ch.10, s.5(b): "Rent Fundamentals: Non-Rent Charges and Security Deposits: Prohibited Non-Rent Charges".
(n) Failing to Provide Required Information Package on Issuing Notice of Increase in Care Home
The behavioural element for this offence is committed when a person "gives a notice of rent increase or a notice of increase of a charge in a care home without first giving an information package contrary to section 140".
This issue is explained more in Ch.2, s.3(g): "Special and Exempt Premises: Care Homes: Rent and "Care Service and Meal" Charges".
(o) Acts to Prevent Care Home Tenant From Obtaining External Care Home Services
Tenants in "care homes" are entitled to obtain care services that are additional to those provided under the tenancy agreement from a source external to the care home [Act s.147(a)].
The behavioural element for this offence is committed when a person "does anything to prevent a tenant of a care home from obtaining care services from a person of the tenant's choice contrary to clause 147(a)."
This issue is explained more in Ch.2, s.3(f): "Special and Exempt Premises: Care Homes: External Care Service Providers".
(p) Interference with Care Home Tenant Obtaining External Care Home Services
The behavioural element for this offence is committed when a person "interferes with the provision of care services to a tenant of a care home contrary to clause 147(b)".
This is an issue closely related to that set out in (o) above, for more details see the reference there.
(q) Increase in Care Service or Meals Charges to Care Home Tenant Without Proper Notice
Landlords are required to provide proper Notice of Increase of care service and meals charges [Act s.150].
The behavioural element for this offence is committed when a person "increases a charge for providing a care service or meals to a tenant in a care home in contravention of section 150".
This issue is explained more in Ch.2, s.3(g): "Special and Exempt Premises: Care Homes: Rent and "Care Service and Meals" Charges".
(r) Interference With Tenant Selling or Leasing Mobile Home
A tenant of a mobile home park has the right to sell or lease their mobile home without the landlord's consent. The landlord cannot act as agent for such transactions except under a written agreement entered into separately from the main tenancy agreement, and entered into for the purpose of those negotiations [Act s.156].
The behavioural element for this offence is committed when a person "interferes with a tenant's right under section 156 to sell or lease his or her mobile home".
This issue is explained more in Ch.2, s.4(d): "Special and Exempt Premises: Mobile Home Parks and Land Lease Communities: Tenant's Right to Sell or Lease Home".
(s) Restriction on Right of Mobile Home Park or Land Lease Community Tenant to Freely Purchase Goods or Services
Landlords are prohibited from monopolizing the access of mobile home park and land lease community tenants to the purchase of goods and services of the tenant's choice, except that they may set minimum standards for mobile home park equipment [Act s.160]. In past the landlord's control in such situations has been used to restrict external access to goods and services.
The behavioural element for this offence is committed when a person "restricts the right of a tenant of a mobile home park or land lease community to purchase goods or services from the person of his or her choice in contravention of section 160".
This issue is explained more in Ch.2, s.4(c): "Special and Exempt Premises: Mobile Home Parks and Land Lease Communities: Basic Landlord Duties and Prohibitions".
(t) Illegal Paralegal Contingency Fees
Non-lawyers who represent or assist parties under the RTA may not charge a contingency fees above 10% over a one-year period [Act s.214; Reg s.60] [see Ch.13, s.5: "General Board Procedures: Legal Representation"].
The behavioural element for this offence is committed when a person "charges an illegal contingency fee in contravention of subsection 214(1)".
(u) Failure to Comply with Ministry Inspector's Work Order
Where there is no organized municipal property standards enforcement system, the RTA prescribes standards which the Ministry of Municipal Affairs and Housing may enforce through work orders issued by it's inspectors [Act s.225].
The behavioural element for this offence is committed when a person "fails to comply with any or all of the items contained in a work order issued under section 225".
These issues are discussed more thoroughly in Ch.3, s.4(d): "Tenant Rights, Responsibilities and Remedies: Repairs, Vital Services and Maintenance: Maintenance Standards".
(v) Obstruction or Interference With Inspector Exercising Power of Entry
Ministry inspectors have powers of entry and demand, and may apply for search warrants for inspection purposes [Act s.230-231].
The behavioural element for this offence is committed when a person "obstructs or interferes with an inspector exercising a power of entry under section 230 or 231 or with an investigator exercising a power of entry under section 231".
These issues are discussed more thoroughly in Ch.3, s.4(d): "Tenant Rights, Responsibilities and Remedies: Repairs, Vital Services and Maintenance: Maintenance Standards".
(w) Providing or Filing False or Misleading Information
The behavioural element for this offence is committed when a person "furnishes false or misleading information in any material filed in any proceeding under this Act or provided to the Board, an employee or official of the Board, an inspector, an investigator, the Minister or a designate of the Minister".
Note that a unique limitation period applies to this offence [see s.6 below].
(x) Illegal Recovery of Possession of Rental Unit
Except in cases of death, abandonment, or the tenant vacating premises after proper Notice to Terminate or an Agreement to Terminate, a landlord may only re-obtain possession of a premises under the authority of an eviction order enforced by the sheriff [see Ch.4, s.1(b): "Termination Fundamentals: Overview: Basic Principles".
The behavioural element for this offence is committed when a person "unlawfully recovers possession of a rental unit".
(y) Charging an Illegal Rent
The behavioural element for this offence is committed when a person "charges rent in an amount greater than permitted under this Act".
Principles applicable to determining lawful rent are extensive, and are set out in Chapters 10-12. In particular see Ch.10, s.4: "Rent Fundamentals: Lawful Rent".
(z) Contravention of Some Board Orders
Amongst its remedial authorities, the Board has authority to make specific injunction-type orders against landlords regarding specific repair and other work in a residential complex, and prohibiting violation of a range of tenant rights, including: withholding vital services, substantial interference with reasonable enjoyment, harassment, changing locking system without giving keys, and illegal entry.
The behavioural element for this offence is committed when a person "contravenes an order of the Board that: (i) orders a landlord to do specified repairs or replacements or other work within a specified time,
(ii) orders that a landlord, a superintendent or an agent of a landlord may not engage in any further activities listed in paragraphs 2 to 6 of subsection 29 (1) against any of the tenants in a residential complex" [these are most of the activities which can be subject of the main tenant application rights applications discussed in Ch.3]; or
(iii) orders that, in relation to chattel property left in premises after they have been vacated in by eviction in accordance with either of: a Notice or Agreement to Terminate or a Board order or a termination of a superintendent's premises, a landlord shall not further breach duties to not sell, retain or otherwise dispose of chattel property unless 72 hours after the eviction have passed, and during that time has made the property available for reclamation by the tenant in a location nearby [Act s.41(2,3)] [See Ch.8, s.4(b): "Other Termination Procedures: Tenant Property"]. (aa) Breach of Confidentiality When Abuse Notice Given
The behavioural element of this offence is committed when a landlord violates their duty, after they have been given a tenant's 'abuse' notice under 47.1 or 47.2, to "keep confidential and shall not, except as provided in subsections (2) to (5) [SS: exceptions], disclose to any person or entity the fact that the notice has been given, the notice or accompanying documentation or any information included in the notice or accompanying documentation." [Act 47.4(1), 234(b.1)].
These 'abuse' terminations were from 2016 amendments to allow tenants and children suffering from abuse to break leases.
4. Ancillary Offences
(a) Overview
The offences set out in s.2 and s.3 above may also be committed in the "ancillary" forms of "attempt" and "director and officer concurrence". If this is done these are separate offences from the main offence (so both the main and the ancillary form may be committed).
Commission of the offences in these forms is punishable in the same fashion as the main forms of the offences.
(b) Attempt Offences
The offences set out in s.2 and 3 above may be directly committed as set out in those sections, and also committed in the form of an "attempt":
Act s.236
Any person who knowingly attempts to commit any offence referred to in section 233, 234 or 235 is guilty of an offence. The attempt form of the offences requires the full "mens rea" mental element, but the behavioural element is satisfied by any act or omission done for the purpose of carrying out the offence.
(c) Director and Officer Offences
The offences set out in s.2 and 3 above may additionally be committed by directors or officers of a corporation: Act s.237
Every director or officer of a corporation who knowingly concurs in an offence under this Act is guilty of an offence. This form of the offences requires the full "mens rea" mental element, but the behavioural element is satisfied by "concurrence" alone, which focusses on the supervisory role of such individuals. It roughly equates to knowing acquiesence, and is very similar to an "omission".
Directors and officers may also commit the offences in their main form, and their prosecution need not be restricted to s.237.
5. Penalties
The maximum penalty for a person who commits an RTA offence as set out in s.2-4
above is a "fine of not more than $50,000" [Act s.238(1)].
The maximum penalty for a corporation which commits an RTA offence as set out in
s.2-4 above is a "fine of not more than $250,000" [Act s.238(2)].
6. Limitation
The limitation period for laying a charge for (with one exception, below) the offences set out in s.2-4 above is two years "after the date on which the offence was, or is alleged to have been, committed" [Act s.239(2)].
One exception is for the strict liability offence of "Providing or Filing False or Misleading Information" [see s.3(w) above; RTA 234(v)]. The limitation period for that offence is two years "after the date on which the facts giving rise to the offence came to the attention of the Minister" [Act s.239(1)]. In the case of an inspector appointed by a local municipality, the limitation runs after the facts giving rise to the offence came to the attention of that local municipality [Act 239(1.1)].
Another exception is the offense of "Collecting or Requiring Illegal Charges" [see s.3(m) above; RTA 134,234(l)]. The limitation period for that offence is two years "after the date on which the facts giving rise to the offence came to the attention of the Minister" [Act s.239(1.2)].
7. Evidence
Prosecution of RTA offences will use evidence rules normally accepted in Provincial Offence matters. The RTA does however provide for the prima facie authenticity of RTA-related documents presented by the prosecution [Act s.240].
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