The bill, Fighting Delays, Building Faster Act, 2025, S.O. 2025, c. 14 – Bill 60 was given Royal Assent on November 27, 2025. Although it covers a vast array of legislation, we will be focussed on it’s amendments to the Residential Tenancies Act, 2006 in Schedule 12.
It is important to note that these sections are NOT in force as of the writing of this blog.
Section 48 – Personal Use
Section 48.1 of the Act is amended by adding the following subsection:
(2) The requirement to compensate a tenant or to offer the tenant another rental unit under subsection (1) does not apply if a landlord gives notice to a tenant under section 48 that meets the following criteria:
1. The notice is given on or after the day subsection 2 (2) of Schedule 12 to the Fighting Delays, Building Faster Act, 2025 comes into force.
2. The date for termination specified in the notice is at least 120 days after the notice is given.
3. The date for termination specified in the notice is the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term.
This change will allow a landlord to give a N12 – Personal Use Notice – to a tenant and NOT have to pay compensation to the tenant IF the landlord gives more than 120 days notice.
Section 58 – Persistent Late Payment
Section 58 of the Act is amended by adding the following subsection:
Persistent late payment
(1.1) For the purposes of paragraph 1 of subsection (1), what constitutes a persistent failure to pay rent on the date it becomes due and payable shall be determined in accordance with the regulations, if any.
The legislature has undertaken to write a regulation that will detail what constitutes a late payment and I would speculate its consequences. Right now, at the Landlord and Tenant Board a persistent late payment application with one Adjudicator can get you an eviction but with another you can have your application dismissed.
Subsection 59 (1) – Rent Arrears Notice
Subsection 59 (1) of the Act is repealed and the following substituted:
Non-payment of rent
(1) If a tenant fails to pay rent lawfully owing under a tenancy agreement, the landlord may give the tenant notice of termination of the tenancy effective not earlier than the 7th day after the notice is given.
Currently a Notice of Rent Arrears needs to be served on a tenant if you wish to get an eviction for non-payment of rent (N4). On that form you must put a termination date at the top of the first page. Currently that date must be 14 days from the day the notice is served. This amendment will change that date to 7 days. This will allow landlords to file their notices a week earlier in the process than they currently are.
Section 77(8)(b) – Setting Aside an Order
Clause 77 (8) (b) of the Act is repealed and the following substituted:
(b) make an order setting aside the order under subsection (4), if the prescribed circumstances, conditions or tests have been satisfied; or
An example is best to explain this amendment. Currently, if a landlord made an agreement with a tenant for a payment plan, the order should include a “section 78” clause. This means that if the tenant breaches the agreement, then the landlord can file with the Board a request to terminate the tenancy and evict the tenant without notice to the tenant. If the landlord doesn’t receive a payment, they can file and received an eviction notice. The tenant will also receive the same eviction notice. Let’s pretend that the tenant thought that all the payments were made but it turns out the landlord didn’t get them. The tenant’s remedy is to request that the eviction order be “set aside”.
This amendment states that the legislature will be drafting a regulation that will set out the circumstances, condition or tests that have to be met in order for the Board to set aside the eviction order.
Subsection 82 (1) – Tenant Issues at a Hearing
Subsection 82 (1) of the Act is repealed and the following substituted:
Tenant issues
(1) At a hearing of an application by a landlord under section 69 for an order terminating a tenancy and evicting a tenant based on a notice of termination under section 59, the Board shall permit the tenant to raise any issue that could be the subject of an application made by the tenant under this Act if the tenant complies with the requirements set out in subsection (2).
(2) Subsection 82 (2) of the Act is amended by adding the following paragraphs:
4. Unless the regulations provide otherwise, the tenant shall pay the following amounts to the landlord or, if the regulations so provide, into the Board:
i. Half of any rent arrears that were claimed in the application when it was filed.
ii. Such other amounts as may be prescribed.
5. The amounts specified in paragraph 4 shall be paid before the hearing and in accordance with any prescribed timelines.
(3) Subsection 82 (4) of the Act is repealed and the following substituted:
Transition
(4) Subsection (1), as it read immediately before the day subsection 6 (1) of Schedule 12 to the Fighting Delays, Building Faster Act, 2025 came into force, continues to apply to any application described in subsection (1) that was made before that day and has not been finally determined before that day, even if the hearing of the application is on or after that day.
(4) Section 82 of the Act is amended by adding the following subsection:
Same
(5) Subsection (2), as it read the day before day subsection 6 (2) of Schedule 12 to the Fighting Delays, Building Faster Act, 2025 came into force, continues to apply to any application described in subsection (1) that was made before that day and has not been finally determined before that day, even if the hearing of the application is on or after that day.
Section 82 issues are issues that could be subject to an application made by the tenant under the Act and are allowed to be brought up at a hearing for rent arrears. The idea is that the abatements for these issues can reduce the tenant’s amount owing.
These issues originally were brought up without notice to the landlord at the hearing. This resulted in a lot of adjournments so that landlords could be prepared to defend. Bill 184 added that the tenant needed to give the landlord one week notice before the hearing to be able to be heard.
This amendment goes a little further. Not only does the tenant need to give the landlord notice, there are now conditions for their rent arrears. The tenant must now pay half of the outstanding arrears claimed to either the landlord or into the Board prior to the hearing.
Once this comes into force, any application that will be heard after it comes into force, even if the application was filed previously will be subject to these amendments.
Section 83(1) – Powers of the Board
Clause 83 (1) (b) of the Act is amended by adding “subject to any prescribed limitations or conditions” at the beginning.
Currently under section 83, an Adjudicator has the power to refuse or grant an application. It is subsection (a) that gives them that power. In subsection (b) it states that they can delay an eviction under this same power. This amendment will set out the limitation and conditions to this power. This will shrink an Adjudicators power to postpone and eviction and force them to allocate a limitation or condition that will be set out should they postpone it.
Section 94.2, 94.10 and 94.12 – Coop Housing
This section duplicates the above but for Coop Housing.
Section 209 – Review Process – Not able to participate in a Hearing
Subsection 209 (2) of the Act is repealed and the following substituted:
Power to review
(2) The power of the Board to review all or part of its decision or order under section 21.2 of the Statutory Powers Procedure Act is subject to any prescribed limitations or conditions.
Timing of review
(3) A request to review all or part of a decision or order of the Board shall be submitted within 15 days of the issuance of the decision or order, unless the Board considers it just and appropriate in the circumstances to extend the time to request the review.
Situations come up where a party did not receive a Notice of Hearing and were unaware that their hearing was going forward on a certain day. The legislation allows for a party to ask that the hearing be redone as they were not reasonably able to attend the first hearing. This appeal or as the Board calls it “Review” will now have to be requested within 15 days.
It also seems that they will be creating the parameters for allowing these reviews.
The remainder is the logistics of bringing this bill into force.
We look forward to the changes as it will assist us paralegals as to what to expect at the Hearings. This will also be able to allow us to prepare our client for the potential outcomes at their hearings.
