Regulations under the Residential Tenancies Act, 2006
O. Reg. 394/10
O. reg. 395/10
Bill or Act:
Residential Tenancies Act, 2006
Summary of Decision:
The regulations were necessary in order to implement the initiative to allow suite metering in residential rental complexes and the apportionment of utility costs in small complexes.
The regulations were approved on July 13, 2010, were filed on October 13, 2010 and will come into effect on January 1, 2011.
March 10, 2010
Summary of Proposal:
To develop regulations under the Residential Tenancies Act, 2006 (RTA) in order to implement the initiative to allow suite metering in residential rental complexes and the apportionment of utility costs in small complexes. Public consultation is being sought.
The Ontario government has introduced legislation to strengthen protections for energy consumers and support its goal of enhancing electricity conservation and efficiency in the Province. Bill 235, the proposed Energy Consumer Protection Act, 2009 (ECPA) provides the government with tools to facilitate the deployment of suite meters in residential rental complexes while empowering the government to develop appropriate rules and obligations to protect the interests of tenants and provide clear guidance to landlords and other stakeholders.
Many tenants living in multi-unit buildings are not directly responsible for the cost of their electricity usage. In such buildings, known as bulk-metered buildings, landlords purchase electricity for the apartment building and then provide it to their tenants as a service included in their rent. Unit smart meters and unit sub-meters (collectively, known as suite meters) make it possible for individual tenants to become directly responsible for the cost of their electricity usage. Recognizing that installation of suite meters may not be feasible in smaller rental complexes, the proposed amendments would allow landlords of rental buildings with six or fewer units to apportion utility costs among tenants.
The Ontario government introduced the ECPA on December 8, 2009 to strengthen protection for energy consumers. The bill also aims to enable individual suite metering in apartment buildings, giving tenants more control over energy costs and allowing for greater energy conservation.
If passed, Part III of the proposed ECPA would enable the installation of suite meters in residential rental complexes and allow these meters to be used for billing tenants for their own electricity consumption. The Bill would also repeal and replace the current un-proclaimed sections 137 and 138 of the RTA with new sections that detail tenant protections and the responsibilities of both landlords and tenants with regards to electricity suite meters and apportionment of utility costs for a small building.
The legislative framework for suite metering in residential rental housing is set out in the RTA amendments contained in the proposed ECPA. However, many of the implementation details would be set out in regulations that are to be prescribed. Through the consultation paper linked to this proposal (see below), we are seeking your input on the regulations that would be developed under the proposed RTA amendments and related provisions of Part III of the ECPA, if the Bill is passed by the legislature.
Ministry of Municipal Affairs and Housing
Housing Policy Branch
777 Bay Street
Phone: (416) 585-7041
Royal Assent Date:
January 1, 2011