MAINTENANCE STANDARDS, O. Reg. 517/06

• Jurisdiction: Ontario

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Residential Tenancies Act, 2006

ONTARIO REGULATION 517/06

MAINTENANCE STANDARDS

Consolidation Period: From January 31, 2007 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

PART I
INTERPRETATION AND APPLICATION

Definitions

1. In this Regulation,

“exterior common areas” includes roads, pathways, parking areas, garbage storage areas, grounds for the use of tenants and, in a mobile home park or land lease community, the sites on which homes are situated; (“aires communes extérieures”)

“guard” means a barrier, that may or may not have openings through it; (“garde-corps”)

“habitable space” means a room or area used or intended to be used for living, sleeping, cooking or eating purposes and includes a washroom. (“local habitable”) O. Reg. 517/06, s. 1.

Maintenance standards and compliance

2. (1) This Regulation prescribes the maintenance standards for the purposes of subsection 224 (1) of the Act. O. Reg. 517/06, s. 2 (1).

(2) Except as otherwise provided, the landlord shall ensure that the maintenance standards in this Regulation are complied with. O. Reg. 517/06, s. 2 (2).

Good workmanship

3. All repairs to and maintenance of a rental unit or residential complex shall be carried out in a manner and with the materials that are accepted as good workmanship in the trades concerned. O. Reg. 517/06, s. 3.

Municipal property standards by-laws applicable to exterior

4. If there is a municipal property standards by-law applicable only to the exterior of residential complexes or rental units, the maintenance standards in this Regulation that relate to the exterior of residential complexes or rental units do not apply to the residential complexes or rental units in the municipality that are subject to the by-law, but the maintenance standards in this Regulation that relate to the interior of residential complexes or rental units do apply to them. O. Reg. 517/06, s. 4.

PART II
STRUCTURAL ELEMENTS

Maintenance

5. The structural elements in a residential complex shall be maintained in a sound condition so as to be capable of safely sustaining their own weight and any load or force that may normally be imposed. O. Reg. 517/06, s. 5.

Structural soundness, etc.

6. (1) Every floor of a basement, cellar or crawl space, and every slab at ground level, foundation wall, wall and roof shall be structurally sound, weathertight and damp-proofed and shall be maintained so as to reasonably protect against deterioration, including that due to weather, fungus, dry rot, rodents, vermin or insects. O. Reg. 517/06, s. 6 (1).

(2) The site upon which a residential complex is situated shall be graded and drained to prevent the ponding of water on the surface, the erosion of soil and the entrance of water into a building or structure. O. Reg. 517/06, s. 6 (2).

Roofs

7. (1) Every roof shall be watertight. O. Reg. 517/06, s. 7 (1).

(2) The roof and any cornice flashing, fascia, soffit, coping, gutter, rainwater leader, vent or other roof structure,

(a) shall be maintained to properly perform their intended function; and

(b) shall be kept clear of obstructions, hazards and dangerous accumulations of snow and ice. O. Reg. 517/06, s. 7 (2).

Retaining walls, guards and fences

8. Retaining walls, guards and fences in exterior common areas shall be maintained in a structurally sound condition and free from hazards. O. Reg. 517/06, s. 8.

PART III
UTILITIES AND SERVICES

Plumbing

Maintenance

9. (1) Plumbing and drainage systems in a residential complex, and their appurtenances, shall be maintained free from leaks, defects and obstructions and adequately protected from freezing. O. Reg. 517/06, s. 9 (1).

(2) A residential complex shall be provided with a means of sewage disposal. O. Reg. 517/06, s. 9 (2).

(3) The means of sewage disposal shall be maintained in a good state of repair. O. Reg. 517/06, s. 9 (3).

Required fixtures

10. (1) Subject to subsections (2), (3) and (4), every rental unit shall contain the following fixtures:

1. A toilet.

2. A kitchen sink.

3. A washbasin.

4. A bathtub or shower. O. Reg. 517/06, s. 10 (1).

(2) Subsection (1) does not apply to rental units that share a fixture described in paragraph 1, 2 or 4 of subsection (1) if no more than two rental units share the fixture and access to the fixture from each rental unit is possible without,

(a) passing through another rental unit;

(b) travelling along an unheated corridor; or

(c) travelling outside the building containing the rental units. O. Reg. 517/06, s. 10 (2).

(3) Subsection (1) does not apply to a boarding house or lodging house if,

(a) there is at least one toilet, one washbasin and one bathtub or shower for every five rental units;

(b) all tenants have access to a kitchen sink; and

(c) all fixtures mentioned in clauses (a) and (b) are available in each building containing rental units. O. Reg. 517/06, s. 10 (3).

(4) Subsection (1) does not apply to a residential complex or rental unit that has never been provided with piped water. O. Reg. 517/06, s. 10 (4).

(5) The fixtures required by this section shall be maintained in a good state of repair and in a safely operable condition and shall be supplied with a supply of potable water sufficient for normal household use at a flow and pressure sufficient for the intended use of the fixtures. O. Reg. 517/06, s. 10 (5).

Hot and cold running water

11. (1) Every kitchen sink, washbasin, bathtub and shower shall be provided, by safe equipment, with hot and cold running water. O. Reg. 517/06, s. 11 (1).

(2) The ordinary temperature of the hot water provided must be at least 43 degrees Celsius. O. Reg. 517/06, s. 11 (2).

Washroom requirements

12. (1) Every washroom shall be enclosed and shall have,

(a) a water-resistant floor; and

(b) a door that can be,

(i) secured from the inside, and

(ii) opened from the outside in an emergency. O. Reg. 517/06, s. 12 (1).

(2) The walls and ceiling around a bathtub or shower shall be water-resistant. O. Reg. 517/06, s. 12 (2).

(3) In subsection (1),

“washroom” means an area containing a toilet, urinal, bathtub, shower or washbasin. O. Reg. 517/06, s. 12 (3).

Toilets and urinals

13. No toilet or urinal shall be located in a room used for or intended to be used for sleeping or preparing, consuming or storing food. O. Reg. 517/06, s. 13.

Electrical

Supply of electrical power

14. (1) A supply of electrical power shall be provided to all habitable space in a residential complex. O. Reg. 517/06, s. 14 (1).

(2) The wiring and receptacles necessary to provide electrical power shall be maintained free of conditions dangerous to persons or property. O. Reg. 517/06, s. 14 (2).

(3) Every kitchen shall have outlets suitable for a refrigerator and a cooking appliance. O. Reg. 517/06, s. 14 (3).

(4) If a rental unit has a meter for electricity for the purpose of billing the tenants of that rental unit, the meter shall be properly maintained and kept accessible to the tenants. O. Reg. 517/06, s. 14 (4).

(5) This section does not apply to a residential complex that has never been connected to an electrical power system. O. Reg. 517/06, s. 14 (5).

Heating

Maintenance of room temperature

15. (1) Heat shall be provided and maintained so that the room temperature at 1.5 metres above floor level and one metre from exterior walls in all habitable space and in any area intended for normal use by tenants, including recreation rooms and laundry rooms but excluding locker rooms and garages, is at least 20 degrees Celsius. O. Reg. 517/06, s. 15 (1).

(2) Subsection (1) does not apply to a rental unit in which the tenant can regulate the temperature and a minimum temperature of 20 degrees Celsius can be maintained by the primary source of heat. O. Reg. 517/06, s. 15 (2).

(3) Every residential complex shall have heating equipment capable of maintaining the temperature levels required by subsection (1). O. Reg. 517/06, s. 15 (3).

(4) No rental unit shall be equipped with portable heating equipment as the primary source of heat. O. Reg. 517/06, s. 15 (4).

(5) Only heating equipment approved for use by a recognized standards testing authority shall be provided in a room used or intended for use for sleeping purposes. O. Reg. 517/06, s. 15 (5).

Fuel and utilities

16. (1) Fuel supplied to a residential complex or rental unit shall be supplied continuously in adequate quantities. O. Reg. 517/06, s. 16 (1).

(2) Utilities supplied to a residential complex or rental unit shall be supplied continuously. O. Reg. 517/06, s. 16 (2).

(3) The supply of fuel and utilities may be interrupted for such reasonable period of time as may be required for the purpose of repair or replacement. O. Reg. 517/06, s. 16 (3).

(4) Subsections (1) and (2) do not apply if the tenancy agreement makes the tenant responsible for the supply of fuel or utilities and...