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LEGISLATIVE UPDATE
from FE September 2021
by MediaEdge
COVID-19 VACCINATION POLICIES
What’s your responsibility as a landlord?
BY LAURA GURR, PARTNER, COHEN HIGHLEY LLP
The provincial government has advised that, as of September 22, 2021, Ontarians will need to be fully vaccinated (i.e., two doses plus 14 days post-second vaccine) and will need to provide their proof of vaccination along with photo ID in order to access certain public settings and facilities.
To get this proof of vaccination, citizens must log into the provincial portal and download or print an electronic COVID-19 vaccine receipt for each dose of the vaccine they’ve received. (Steps and details are avalable at https://covid-19.ontario.ca.)
Though the government has confirmed to industry associations that apartment buildings and condominiums will not be considered public settings for which this will be required, apartment owners and managers may still want to implement their own rules and policies with respect to the safe use of their non-essential amenities.
Factors for consideration include: • liability for failing to take steps; • financial considerations; • how the rule will be implemented (e.g. self-reporting, controlled access system, etc.); • and, the physical aspects of their particular buildings.
As vaccines become mandatory in public settings across Ontario, landlords should consult with their legal counsel in deciding whether to implement a policy or rule and to discuss what the contents of any rules will be. Since the onset of the pandemic, our team has been assisting housing providers with the development of various COVID-19-related policies and procedures—including most recently the implementation of vaccination policies for their workplaces—and would be pleased to assist in the consideration and implementation of vaccination policies for non-essential amenity spaces in their communities.
Laura Gurr is a partner with Cohen Highley LLP and is a member of its management team. She represents non-profit housing providers, co-op housing providers, and landlords.
CHANGES AT THE LTB
On September 1, 2021, the Landlord and Tenant Board (LTB) released new forms, rules and guidelines to correspond with amendments to the Residential Tenancies Act (RTA). Moving forward, it is critical that landlords making any kind of application to the LTB use the correct forms, otherwise their application may be dismissed. To avoid complication, landlords and their staff should inform themselves immediately of the mandatory, strict rules for serving, filing and uploading these forms to the LTB. For more information on recent amendments, please visit www.tribunalsontario.ca.
CON CON ERRA ERRA
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