Eviction Enforcement Paused: LTB Continues Operations April 8, 2021

Eviction Enforcement Paused: LTB Continues Operations

On April 8, 2021, the Government of Ontario made a regulation (O.Reg. 266/21) cannot enforce an LTB eviction order unless the order specifically asks the Sheriff to expedite the eviction.

The Sheriff will be able to resume enforcing all eviction orders after the government removes the regulation. The LTB does not know when this will take place.

The LTB continues to accept applications, hold hearings and issue eviction orders. Our front counters remain closed to the public due to COVID-19.

Orders Requesting Expedited Enforcement of Eviction Orders

The Sheriff can enforce an LTB eviction order if the order specifically asks the Sheriff to expedite the eviction. Section 84 of the Residential Tenancies Act, 2006 says that the LTB must ask the Sheriff to expedite the eviction if the tenant is being evicted because they:

• willfully damaged the rental unit;
• used the unit in a way which is inconsistent with residential use and caused, or is likely to cause, significant damage;
• committed an illegal act in the unit involving the production or trafficking of illegal drugs;
• seriously impaired someone’s safety;
• substantially interfered with the landlord’s reasonable enjoyment – in cases where the landlord and tenant live in the same building and the building has 3 or fewer residential units.

There is an exception to that rule. If the adjudicator orders that the enforcement should be postponed under section 83(1)(b) of the Residential Tenancies Act, the LTB does not have to ask the Sheriff to expedite the eviction, even if the tenant is being evicted for one of the reasons above.

In other circumstances, the landlord may be allowed to ask the adjudicator holding the hearing to include in the order a request for the Sheriff to expedite the eviction. The adjudicator will provide more details at the hearing.