A new regulation has come into effect in Ontario which requires all property owners to identify any material in buildings which contain or may contain asbestos, and to notify their employees. The purpose of the regulation is to protect workers and occupants when renovations or major repairs are done in homes, apartments or commercial space. This notice meets the requirements of the new regulation. Precautions are required before the relevant building materials are drilled, ground, broken, cut, vibrated or sanded.

You should not be surprised to find out that some materials may contain asbestos. Such building material is commonly found in most owner-occupied homes, rental buildings, schools, universities, hospitals, government facilities, offices and work places in Ontario.

Materials in building which may be subject to precautions (because they contain or may contain limited amounts of asbestos) include the following: vinyl floor tiles, drywall joint compound in the drywall walls, stucco wall plaster, ceiling stipple and ceiling tiles. Those materials are all non-friable, in other words they do not crumble under hand pressure.

Medical experts agree that non-friable asbestos containing materials pose no health risk unless they are being ground or sanded or otherwise worked on. In fact, Health Canada says,

“asbestos fibre concentrations in the air in buildings are usually about the same as in the air outside.”

Since we take your safety and compliance with the law very seriously, we are pleased to inform you that we are taking the appropriate measures to be in full compliance with the new building material regulations.

For more information please visit:

http://www.hc-sc.gc.ca/iyh-vsv/alt_formats/cmcd-dcmc/pdf/asbestos_e.pdf

Regulation 278/05, Occupational Health and Safety Act November 1, 2007

Answers to possible questions:

1. What has triggered the new building materials regulation?

The Ministry of Labour takes worker safety very seriously, and periodically re-evaluates safety requirements. The concern with asbestos is when asbestos dust is inhaled. The Ministry has recently added new safety procedures for occasions when various building materials are being ground or sanded since that is when dust is created.

2. Why have I received the notice about building materials?

The notices have been required so that occupants of buildings (renters) do not conduct alterations or repairs, or otherwise disturb asbestos containing building materials since they may not know the required precautions.

3.  Are the building materials which contain asbestos safe?

Asbestos comes in different forms, and is held in different conditions. Loose (i.e. friable) asbestos requires more precautions than non-friable asbestos because it can become airborne relatively easily. Asbestos in solid material like floor tiles or in walls (called nonfriable asbestos) does not become airborne unless someone works on the materials (e.g. sanding, grinding or cutting the material). Until the asbestos fibres become airborne, they are perfectly safe. Health Canada says, “Asbestos fibre concentrations in the air in buildings are usually about the same as in the air outside.”

4. Wouldn’t it be better to remove the asbestos containing materials?

No, the scientific community agrees with government regulators that the concern about asbestos only arises when asbestos containing materials are disturbed. The recommended way to deal with the asbestos containing material is to leave it in place until the end of its normal useful life, and then remove it taking suitable precautions at that time.

5. Is there any risk to tenants?

No, the reason for the notice is to protect trades people and construction workers who may be exposed to dust from working with friable materials or from grinding, sanding or working with the non-friable material day in and day out. Apart from particles released during the process of grinding, sanding or cutting the non-friable materials (like floor tiles or walls), there is no danger from those building materials.

6. Where can I get more information?

Health Canada

http://www.hc-sc.gc.ca/iyh-vsv/alt_formats/cmcd-dcmc/pdf/asbestos

The Tenant acknowledges receipt of this Resident Damages Charge Back Schedule from the Landlord setting out non-refundable fees and charges payable by the Tenant for services or facilities that may be provided by the Landlord, but which are not required to be provided under the Lease. These charges also include services the Landlord may provide, relating to the Tenant’s repair and maintenance obligations under the applicable legislation governing the Lease and the Lease. If the Tenant does not comply with its repair and maintenance obligations under the applicable legislation and/or the Lease  after request by the Landlord, then the Tenant hereby requests that the Landlord provide such services or facilities as necessary to bring the Tenant into compliance, agrees to pay all fees and charges specified in the Landlord’s Standard Charges. The Tenant acknowledges and agrees that the specified fees and charges are a genuine pre-estimate of the cost to the Landlord to provide the specified items services or facilities and services or facilities that are not required to be provided under the Tenant’s lease, and that the Tenant shall be responsible to reimburse the Landlord for the actual cost incurred by the Landlord. 

The Law

Most residential tenancies are covered by the Residential Tenancies Act (the RTA). This law:

• gives landlords and tenants specific rights and responsibilities,
• provides rules for increasing the rent and for evicting a tenant, and
• creates the Landlord and Tenant Board (LTB).

Exemptions

Some rental units are not covered under the RTA. For example, the RTA does not apply:

• if the tenant must share a kitchen or bathroom with the owner, or the owner's family members
• if the unit is used on a seasonal or temporary basis.

The role of the Landlord and Tenant Board is to:

• inform landlords and tenants about their rights and responsibilities under the RTA, and
• resolve disputes between landlords and tenants through mediation or adjudication, or by providing information.

Tenant Rights and Responsibilities

You have the right to:

• security of tenancy - You can continue to live in your rental unit until you give your landlord proper notice that you intend to move out, you and your landlord agree that you can move, or your landlordgives you a notice to end your tenancy for a reason allowed by the RTA. Important: If your landlord gives you a notice to end your tenancy, you do not have to move out. Your landlord must apply to the LTB to get an order to evict you and you will have the right to go to a hearing and explain why your tenancy should not end.
• privacy - Your landlord can only enter your rental unit for the reasons allowed by the RTA. In most cases, before entering your unit, your landlord must give you 24 hours written notice. There are some exceptions, however, such as in the case of an emergency or if you agree to allow the landlord to enter.

You are responsible for:

• paying your rent on time.
• keeping your unit clean, up to the standard that most people would consider ordinary or normal cleanliness.
• repairing any damage to the rental property caused by you or your guests - whether on purpose or by not being careful enough.

You are not allowed to:

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• change the locking system on a door that gives entry to your rental unit unless you get your landlord's permission.

Landlord Rights and Responsibilities

Your landlord has the right to:

• collect a rent deposit - It cannot be more than one month's rent, or if rent is paid weekly, one week's rent. This deposit must be used as the rent payment for the last month or week of your tenancy. It cannot be used for any other reason, such as to pay for damages. A landlord must pay interest on the deposit every year.
• increase the rent - There are special rules that limit how often your landlord can increase the rent and by how much. In most cases, a landlord can increase the rent only once a year by the guideline that is set by the Ontario Government. A landlord must give a tenant at least 90 days notice in writing of any rent increase and this notice must be on the proper form. Exceptions: Non-profit and public housing units, residences at schools, colleges and universities, and certain other accommodation are not covered by all the rent rules.

Your landlord is responsible for:

• keeping the rental property in a good state of repair and obeying health, safety and maintenance standards.
• providing you with a copy of your written tenancy agreement within 21 days after the day you signed it and gave it to your landlord. For most tenancy agreements first entered into on or after April 30, 2018, the landlord must use the standard lease form entitled Residential Tenancy Agreement (Standard Form of Lease).

Your landlord is not allowed to:

• shut off or deliberately interfere with the supply of a vital service (heat, electricity, fuel, gas, or hot or cold water), care service or food that your landlord must provide under your tenancy agreement. However, your landlord is allowed to shut-off services temporarily if this is necessary to make repairs.
• take your personal property if you don't pay your rent and you are still living in your rental unit.
• lock you out of your rental unit unless your landlord has an eviction order from the LTB and the Sheriff comes to your rental unit to enforce it.
• insist that you pay your rent by post-dated cheque or automatic debit. These ways of paying your rent can be suggested, but you cannot be refused a rental unit or evicted for refusing to give them.

Contact the Landlord and Tenant Board

Toll free: 1-888-332-3234

Toronto area: 416-645-8080

TTY: Bell Relay Service at 1-800-268-9242

Visit our website at sjto.ca/ltb

Visit your local LTB office. For office locations visit our website.

Last updated: April 2018

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