Is there an exemption from rent control for new residential rental units?

The Province has recently passed legislation, Bill 57 – Restoring Trust, Transparency and Accountability Act, 2018, which amends the Residential Tenancies Act, 2006 (RTA) to include an exemption from rental control for new residential rental units.

Section 6.1 of the RTA provides details of the a rent control exemption and refers to two types of rental units:

  1. A building, mobile home park or land leased community, no part of which was occupied for residential purposes on or before November 15, 2018; and
  2. Rental units located in detached, semi-detached and row houses which meet and are subject to specific requirements.

The exemption for new rental units located in detached houses, semi-detached houses or row houses, not occupied for residential purposes on or before Nov. 15, 2018, are subject to the following:

  • the detached, semi-detached or row house contained not more than two residential units on or any time before November 15, 2018;
  • the residential unit has its own bathroom and kitchen facilities; has one or more exterior and interior entrances; at each entrance the unit has a door equipped so it can be secured from the inside of the unit; and at least one door is capable of being locked from the outside;
  • the owner, or one of the owners, lived in another residential unit in the house; or the house was unfinished space immediately before the rental unit became a residential unit.
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