Landlord’s and Occupier’s Liability

Landlords across the province are required to be mindful of their responsibilities. Providing secure rental properties is a basic necessity for all landlords, and adhering to the Ontario Fire Code (the “Code”) must be taken seriously. Per the Code, it falls upon property owners to maintain compliance with its regulations—and in regard of a rented suite, that responsibility lies solely on the landlord’s shoulders.

The Code’s regulations are the minimum fire and life safety requirements applicable in all parts of Ontario. It is, however, essential that landlords contact their local Fire Prevention Department for additional criteria beyond what the Code mandates.

The fire safety regulations of the Code ensure a secure and protected home for tenants and their families. Landlords must abide by the following duties:

In Ontario, it’s mandatory that every floor and all sleeping areas have a fully functioning smoke alarm installed. Landlords must comply with this law – they’re responsible for not only the installation of these alarms but also their regular testing, repairs, and replacements. The same is true for carbon monoxide detectors; landlords are held accountable to install and maintain them as well. Landlords are additionally obligated to examine these alarms on a yearly basis, as well as at the start of every new tenancy.

Tenants have responsibilities to fulfill according to the Code. When a tenant inhabiting a rented dwelling discovers that their smoke or carbon monoxide alarm is not functioning properly, whether disconnected, impaired in performance or simply out of order, they must alert their landlord as soon as possible.

If landlords do not abide by the Code, they could be subjected to a staggering ticket up to $295.00 with additional surcharges or even pay a fine of up to fifty thousand dollars for individuals and one hundred thousand dollars for corporations! Furthermore, if tenants deliberately disable smoke alarms or carbon monoxide detectors, they will face an expensive citation worth up to $295.00 plus fees and potentially suffer from penalties that can reach as high as fifty thousand dollars when convicted in court.

If safety is a top priority for your rental unit, don’t hesitate to reach out to the Fire Prevention Division and inquire about an inspection. It’s mandatory that Ontario Fire Departments take action when it comes to complaints or requests for inspections according to Ontario Regulations 365/13.

In 2015, Ontario experienced 10,951 loss fires as reported by the Office of the Fire Marshal and Emergency Management – with a tragic 94 cases resulting in death. These incidents are classified as any fire causing injury, fatality or monetary losses. We can help to reduce this number and avoid such fatalities through proactive education and awareness initiatives. It’s essential that tenants understand their rights while landlords fulfill their commitments for us to reach our goal safely!

Resources

• https://www.sjto.gov.on.ca/ltb/
• http://www.ofmems.com/en
• http://www2.gnb.ca/content/gnb/en/departments/community_safety_and_corrections_services_.html
• https://www.mcss.gov.on.ca/documents/en/mcss/publications/housingandhomelessness/fire_safety_planning_guide-FSPG-EN.pdf

Contact a Landlord and Tenant Slip and Fall Lawyer Today!

Justin A. Villeneuve

Partner

Justin A. Villeneuve

Partner

Justin is a fully bilingual lawyer and services clients in both French and English. He represents parties in insurance disputes, personal injury claims, and employment disputes at various levels of courts in Ontario. He was given early acceptance to the Common Law program at the University of Ottawa Law School. He obtained his Juris Doctorate in 2014 and was admitted to the Law Society of Upper Canada in 2016 after articling at Weaver Simmons in Sudbury, Ontario.

Education

University of Ottawa – Common Law