Vital services (heat, water, electricity)필수 서비스 (난방·물·전기 차단 금지)

What is it?

Vital services are the basics a person needs to live in a home. Section 2 of Ontario’s Residential Tenancies Act (RTA) lists them:

• Hot or cold water
• Fuel (for example, heating oil)
• Electricity
• Gas
• Heat — during the part of the year set by regulation, which is September 1 to June 15

If the tenancy agreement says the landlord supplies care services or meals (for example, in a care home), the same rule protects them (section 21).

What a landlord must not do

While a tenant lives in the unit, and until an eviction order is actually enforced, the landlord must not withhold the "reasonable supply" of a vital service that the landlord must supply under the tenancy agreement (section 21 (1)). Even if the tenant pays for a service directly, the landlord must not deliberately interfere with it.

The Landlord and Tenant Board (LTB) says this rule applies even if the rent is overdue or the tenant has damaged the property. Under section 21 (1), it also applies after a notice to end the tenancy or while an LTB hearing is pending, until an eviction order is actually enforced.

The LTB says a landlord may shut off services for a short time if it is needed to make repairs. To enter the unit for repairs, the landlord must give 24 hours’ written notice.

Heat rules: September 1 to June 15, 20°C

Section 4 of the Ontario regulation (O. Reg. 516/06) sets the heating period and the minimum temperature.

The LTB says some city standards may be higher. Check your own city’s rules (for example, the City of Toronto).

It depends on who pays the bill

• The landlord pays (included in rent): if the landlord does not pay the bill and the company cuts the service, the law treats it as the landlord withholding it (section 21 (2)).
• The tenant pays in their own name: the landlord must not deliberately interfere. But if the service is cut because the tenant did not pay their own bill, the LTB says the tenant cannot claim the landlord withheld it.
• A unit with a suite meter where the tenant pays for electricity: while the landlord or the suite meter provider is enforcing rights under section 137 or section 31 of the Electricity Act, 1998, electricity is not treated as a vital service (section 137 (17)).
• If electricity is included in rent and the landlord wants to stop supplying it, the landlord needs the tenant’s written consent on the LTB form, proper notice, and a rent reduction under the rules (section 137 (3)). Stopping without consent is an offence.

Who pays for what goes in your lease. In Ontario’s standard lease, section 6 "Services and utilities" says who pays for electricity, heat and water. Check it before you sign.

What a tenant can do if a service is cut

1. Tell the landlord in writing (text, email or letter) and keep records: dates, times, photos of the indoor temperature, and any notice from the utility company.
2. If the landlord cut it on purpose, it is an offence. You can report it to Ontario’s Rental Housing Enforcement Unit: 416-585-7214, toll-free 1-888-772-9277. They do not take anonymous complaints.
3. If your city has a vital services by-law, contact the city. The city may arrange the service itself (see below).
4. File Form T2 (Application about Tenant Rights) with the LTB within one year of the day it happened (section 29 (2)). The fee is $53, or $48 on the online portal.
5. Keep paying rent. The LTB says a tenant should not hold back any part of the rent, even if maintenance is poor or repairs are not done. It also says a landlord can apply to evict if the full rent is not paid on time.

What the LTB and the courts can do

• LTB orders (section 31 (1)): an order not to do it again, payment for repairing or replacing damaged belongings and other out-of-pocket costs, a rent abatement (reduction), ending the tenancy, and an administrative fine of up to $10,000 or the Small Claims Court limit, whichever is greater.
• If this made the tenant move out (section 31 (2)): the LTB can also order the extra rent the tenant pays for one year after leaving, plus moving and storage costs.
• Prosecution (sections 233 and 238): knowingly cutting off or interfering with a vital service is an offence. On conviction, the fine is up to $100,000 for an individual and up to $500,000 for a corporation.

City vital services by-laws

Part XIII of the Residential Tenancies Act lets a city pass a vital services by-law (section 216). Where a city has one, these rules apply:

• If a supplier is cutting service because the landlord broke its contract, the supplier must give written notice to the city clerk at least 30 days before (section 217).
• If the landlord does not supply a vital service as the by-law requires, the city can arrange the service and put a lien (a legal claim) on the property for what it spent plus a 10% fee (section 219).
• A city official can tell tenants to pay their rent to the city instead. Rent paid this way does not count as unpaid rent (section 221).
• The by-law does not apply to a service the tenant has clearly agreed to get and keep up themselves (section 216 (2)).

Ask your city (in Toronto, the City of Toronto) whether it has such a by-law and what its standards are. This page does not list numbers that differ from city to city.

Example

What landlords should know

• Pay the utility bills that are included in rent on time. If service is cut because you did not pay, the law treats it as you cutting it off.
• Never use heat, water or power as leverage in a dispute. Deal with unpaid rent through an N4 notice and an LTB application.
• If you must shut something off briefly for repairs, give 24 hours’ written notice and keep the shut-off as short as possible.
• If a basement unit shares meters with the upstairs, write clearly in the lease who pays which bill. If you rent out a condo, check whether heat and water are in the condo fees and put that in the lease.