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Our Processes - Maintenance Standards

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The Investigation and Enforcement Unit (IEU) is responsible for ensuring that, when a complaint is received, residential rental properties not covered by municipal property standards by-laws are in compliance with the provincial Maintenance Standards.

Steps

  1. Filing a Maintenance Complaint
  2. Property Inspection
  3. Issuance of a Provincial Work Order

1.  Filing a Maintenance Complaint

Who can apply?

Only a current tenant can send in a written complaint about maintenance to the Investigation and Enforcement Unit (IEU). The required form is the Tenant Complaint About Maintenance form. IEU can only accept complaints in residential rental properties in those areas where there are no municipal property standards by-laws.

How can I find out if my municipality has property standards by-laws?

You can call your local municipal office and ask that they direct you to the appropriate department to obtain this information.  You can obtain municipal information from the Association of Municipalities of Ontario website.

How do I apply?

You can print the Tenant Complaint About Maintenance form from the Services/Forms and Brochures section of our website or call IEU at 1-888-772-9277 to request that a form be mailed to you.

Once you have completed the form, you can fax it to IEU at (416) 585-6464 or toll-free at 1-866-321-4127.

2.  Property Inspection

What happens once I send in my written complaint?

Once your complaint has been received by the IEU and it has been determined that the Province has the authority to deal with the complaint, a file number will be assigned. That file number will be on all future correspondence relating to your complaint. A request to inspect your premises will be sent to a Provincial Inspector.

Who inspects my unit or complex?

A Provincial Inspector will be assigned to inspect your unit and will contact you in advance to arrange a mutually convenient date and time for the inspection.

Once the inspection has been completed, the Inspector will send their report to the IEU, listing any violations of the provincial Maintenance Standards, as set out in Ontario Regulation 517/06 under the Residential Tenancies Act, 2006.

 3.  Issuance of a Provincial Work Order

What is a Provincial Work Order?

A Provincial Work Order (Work Order) is an official document prepared and issued by a Provincial Inspector to a landlord. The Work Order specifies repairs that are required in order for the unit to be brought into compliance with the provincial Maintenance Standards.

When is a Work Order issued?

If the Inspector finds violations of the provincial Maintenance Standards, a Work Order will be issued to the landlord with a copy to the tenant and the municipality/township where the rental unit is located.  A timeline is assigned for correcting each item in the Work Order (compliance period).  The Work Order may have more than one compliance period, depending on the work that needs to be done.

What happens once the Work Order is issued?

Once the compliance periods specified in the Work Order have passed, the Provincial Inspector will make arrangements with the tenant to re-inspect the unit to determine what work has been completed to date.  A landlord may also, at any time, request a re-inspection where they believe that all the items noted on the Work Order have been completed. The Inspector will determine whether the workmanship and the repairs meet the required standards.

The Inspector will send a re-inspection report to IEU, noting what items have been completed and which items remain outstanding.  If there are outstanding items for repair, the file may be referred for further investigation.

Where the Inspector has determined that all the items in the Work Order have been satisfactorily completed, the file will be closed and a full compliance letter will be sent to the landlord, tenant(s) and municipality indicating that the Work Order has been complied with and the file is closed.

What obligations does a landlord have when they receive a Work Order?

When a landlord receives a Work Order, they must comply with the terms of that Work Order.  If the landlord disagrees with the terms of the Work Order, the landlord may request that the Work Order be reviewed by filing an Application for Review of a Provincial Work Order (L6) with the Landlord and Tenant Board (the Board). The application must be filed with the Board no later than 20 days from the issue date of the Work Order. The L6 application is available from the Landlord and Tenant Board’s website at LTB - Applications, Forms and Notices.

A landlord must provide the tenant with 24 hours written notice before entering the tenant’s unit to conduct the repairs, unless the tenant allows access with less notice. Repairs must be conducted during the hours of 8:00 am to 8:00 pm. The written 24 hour notice must specify the date, time and reason for entry.

What obligations does a tenant have when repairs are to be done in their unit or complex?

A tenant must act in good faith and allow the landlord or his agent(s) access to the unit upon proper notice or consent in order to comply with the items set out in the Work Order.
 
A tenant does not have the right to deny access because, in their opinion, the qualifications of the agent(s) do not meet a particular standard.  The Provincial Inspector, at the time of re-inspection, will determine whether or not the repairs and the quality of workmanship meet the provincial Maintenance Standards.

A tenant must continue to pay rent, whether or not the landlord complies with a Work Order, as the landlord may file an Application to evict a tenant for non-payment of rent and to collect rent the tenant owes (L1), and the tenancy may be jeopardized.  However, a tenant may, at any time, file anApplication about Maintenance (T6) with the Landlord and Tenant Board (the Board), whether or not a complaint has been filed with the IEU or a Work Order has been issued. Where a tenant files a T6, the Board may permit a tenant to pay all or part of their rent to the Board. If a tenant feels that they are owed money, they should apply to the Board. It is the Board which can order payment of money, not IEU. The T6 application is available from the Landlord and Tenant Board’s website at LTB - Applications, Forms and Notices.

What happens when a landlord fails to comply with a Work Order?

Where a landlord fails to comply with a Work Order, the file may be referred to an Investigator. It is an offence under the Act for a landlord not to comply with a Work Order.  If a landlord is convicted of an offence, they are liable, if they are an individual, for a fine of up to $25,000, and up to $100,000 if a landlord is a corporation.