BILL 14 Response

Letter to me from Ontario Minister of Municipal Affairs and Housing, Linda Jeffry:
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Thank you for your emailed messages concerning Bill 14, the Non-profit Housing Co-operatives Statute Law Amendment Act, 2013.

Under Bill 14, proposed amendments to the Residential Tenancies Act, 2006 and the Co-operative Corporations Act would move most co-op tenure disputes from the courts to the Landlord and Tenant Board (LTB).  Our government believes that the proposed legislation, if passed by the legislature, would bring greater efficiency, accessibility and transparency to the process of resolving co-op tenure disputes.

Under the proposed legislation, co-op providers and members would be provided most of the same protections, benefits and responsibilities currently given to landlords and tenants who appear before the LTB, including access to mediation services.  Co-op members facing eviction would have the right to a hearing and would also be able to access the Tenant Duty Counsel program at the LTB.  This program would help residents with low or modest incomes by providing them with improved and more affordable access to justice.

All applications for resolving tenure disputes would be adjudicated based on merit.  This would allow co-op providers and members equal opportunity to present all the facts regarding the dispute that they believe are relevant to the LTB.  In addition, the LTB adjudicator would consider  all the circumstances facing the co-op member before deciding whether to order an eviction.

Regarding other co-op disputes concerning housing charges and maintenance issues, the LTB would not be responsible for adjudicating these matters.  These disputes would continue to be handled by co-ops internally or, if necessary, through the courts.  The reason for this is that the model for co-op membership is different from the landlord and tenant relationship.  Co-op members participate democratically in the decision-making process that determines how funds are spent, the amount of housing charges, and what the rules of conduct are.  In addition to processes available through the democratic structure of the co-op, co-op members can also rely on municipal bylaws and, if necessary, the courts to deal with maintenance issues and other disputes.

I also noted your comments about community legal clinics, and I would encourage you to contact the Advocacy Centre for Tenants Ontario (ACTO) regarding your concerns.  ACTO works on behalf of Ontario residents who have low incomes – including tenants, co-op members and people who are homeless.  ACTO is funded by Legal Aid Ontario and works with legal clinics, tenant associations, and other groups and individuals concerned about housing issues.  You can contact ACTO by telephone at (416) 597-5855 or toll-free at 1-866-245-4182, or you can visit their website at www.acto.ca for more information.

In closing, I want to inform you that – should Bill 14 pass Second Reading and be referred to a Standing Committee – you would have the opportunity to participate in the legislative process by making a submission to, or appear before, the Standing Committee.  For more information about the Standing Committee process, and to track the progress of the bill, please contact the Committees Branch of the legislature by telephone at 416-325-3500; or you can visit the Ontario legislature’s website at www.ontla.on.ca.

Once again, thank you for bringing your concerns to my attention.  Please accept my best wishes.  

Sincerely,

Linda Jeffrey

Minister