Ontario Regulation 241/26 amends Ontario Regulation 516/06, the General Regulation under the Residential Tenancies Act, 2006, to establish clearer rules concerning persistent rent-payment failures, eviction enforcement, orders being set aside, and payment timelines. The regulation also introduces parallel provisions for non-profit housing co-operatives. The changes are intended to provide greater procedural clarity for the Landlord and Tenant Board (LTB) while defining circumstances in which eviction-related remedies may be available or delayed.

A central change is the definition of a “persistent failure” to pay rent when it becomes due. New section 8.1 provides that such a failure includes a tenant not paying rent within seven days of its due date on at least three occasions during any six-month period. However, an instance is excluded when the delay resulted solely from the landlord applying a payment toward another amount owed by the tenant, including rent arrears. The regulation also makes clear that this three-occasion test is not exhaustive. Other circumstances may still constitute persistent failure. This gives the LTB a defined benchmark while preserving discretion to consider situations falling outside the specified pattern.

New section 8.2 establishes criteria for setting aside certain orders under section 77 of the Act. The Board must set aside an order if, considering the relevant circumstances, it determines that doing so would not be unfair. Importantly, the Board cannot consider changes in the tenant’s circumstances that occurred after the parties entered into the relevant agreement or after the tenant provided the applicable notice.

The regulation also establishes a seven-day deadline connected with section 82 proceedings. Under new section 8.3, amounts required to be paid under the applicable provision must be paid no later than seven days before the hearing. This creates a specific statutory timeline for tenants seeking to satisfy payment-related requirements before an LTB hearing.

New section 8.4 addresses postponement of eviction-order enforcement. The Board may postpone enforcement if the landlord agrees or, in specified circumstances, if statutory conditions are met. For applications involving notices under sections 48, 49 or 50, postponement requires a finding that delaying enforcement would not be unfair to the landlord or other tenants. For other eviction applications, the Board must additionally find compelling grounds for postponement.

The amendments extend similar principles to non-profit housing co-operatives. New section 17.1 establishes the same seven-day, three-occurrence standard for persistent failures to pay regular monthly housing charges. Section 17.2 permits postponement of termination and eviction enforcement only with the co-operative’s consent or where postponement would not be unfair to the co-operative or other members and compelling grounds exist.

Ontario (241/2026) August 5, 2025
Disclaimer: Insights are for informational purposes only and does not reflect RRI’s official position or constitute legal opinion.