Welcome to JFCY’s Legal Wiki which provides information about the legal rights of children and youth in Ontario. Click here to download this information from our Publications page. Please contact us if you have any questions or trouble finding the information that you seek. You should speak to a lawyer for legal advice since laws often change.
COVID-19 and Evictions: Information from Community Legal Education Ontario: Tenants who get a notice for a hearing at the LTB need to get legal advice as soon as possible. They can contact their local community legal clinic. They can also sign up for tenant duty counsel advice at www.tdc.acto.ca or by calling 1-877-374-0391. They’ll need their LTB file number and hearing date, which they can find on the notice of hearing. Updates with more information will be on the Steps to Justice website.
It is difficult finding affordable housing in Ontario. You should get the help of a housing worker to support you in your search, and explore options in supportive or co-op housing. The housing worker may also assist you to apply for different subsidized housing programs, depending on your needs.
Discrimination by potential landlords is a major barrier to getting housed. The Ontario Human Rights Code applies to landlord tenant relationships, including finding and keeping rental units.
The law prohibits landlords and potential landlords from discriminating on the grounds of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, age, marital status, family status, disability, or the receipt of public assistance. Age, for the purposes of housing, is defined as over age 16.
If you feel that you are being treated differently based on a protected ground, you and your housing worker can negotiate with the landlord, or speak to your local legal aid clinic, the Human Rights Legal Support Centre, or the Centre for Equality Rights in Accommodation for problem solving.
While most rental units in Ontario are covered by the Residential Tenancies Act (RTA), it does not apply in a number of situations, including, but not limited to where:
Co-ops are governed by the Co-operative Corporations Act. Non-profit or social housing is covered by the RTA but they are exempt from the rental increase provisions. Depending on the specific facility, a supported housing arrangement may or may not qualify as being governed by the RTA.
A landlord must:
A landlord must NOT:
If you do not meet your responsibilities, you are at risk of being evicted. You are also at risk of eviction if the landlord needs the unit for their own use, or the use of their immediate family members, even if you have done nothing wrong.
A landlord must follow certain rules and procedures for eviction. They must either reach an agreement with you, or get an order from the Landlord and Tenant Board. If a landlord wants to evict you, they must serve you with the proper notices. You have a right to remedy your wrongs or have a Tribunal hearing to explain your side of the story.
You do not have to move out just because you received a notice. In this circumstance, you should contact Legal Aid Ontario immediately to get the help of your local legal aid clinic.
Unless your landlord has grounds for an eviction, you do not have to move out or sign a new agreement at the end of the lease term. The rental agreement is automatically renewed on a month-to-month basis (if rent is paid monthly) or a week-to-week basis (if rent is paid weekly). The same terms of the former agreement apply to the tenancy, subject to any permitted rental increases. If you want to move out, usually you must give at least 60 days written notice.
In most cases, it is illegal for your landlord to lock you out or take your belongings. Your landlord cannot lock you out or take your belongings even if you didn’t pay your rent, broke a tenant law (e.g. you made excessive noise, dealt drugs in your unit) or broke one of the landlord’s rules.
Even if you have been legally evicted (the Sheriff has changed your locks), you have the next 72 hours (between the hours of 8 a.m. and 8 p.m.) after the legal eviction to remove your belongings. If the landlord does not allow you to remove your belongings, you can make an urgent application to the Board. Seek legal advice.
However, if your landlord thinks that you have moved without giving notice or making an agreement, your place might be considered abandoned. In this case, the landlord may be able to dispose of your things after making an application to the landlord and Tenant Board and waiting 30 days. If you are going to be away for a long time, make sure that you let your landlord know that you have not moved out. If your rent has been paid, your place cannot be considered abandoned.
It is important to act quickly in landlord tenant disputes. Remember to always collect evidence when you think you have a problem – from a leaky tap to being discriminated against to being locked out. Knowing how the law applies to you and your options for problem solving and how to get help will assist you if you have any problems. Below are some further resources and contact information for help.
Advocacy Centre for Tenants of Ontario (ACTO), 416-597-5855, toll-free 1-866-245-4182.Information and education on housing in Ontario.
Centre for Equality Rights in Accommodation (CERA), 416-944-0097, toll-free 1-800-263-1139. Organization promoting human rights in housing and ending housing discrimination.
Human Rights Legal Support Centre (HRLSC), 416-597-4900 or 1-866-625-5179 . Human rights legal services to individuals in Ontario.
Investigation and Enforcement Unit of the Ministry of Municipal Affairs and Housing (IEU), 416-585-7214, Toll-free 1-888-772-9277.
Landlord and Tenant Board, 416-645-8080, Toll-free 1 (888) 332-3234.
All tenant application forms are available at: http://www.ltb.gov.on.ca/en/Forms/STEL02_111308.html.
Step-by-step instructions and information on choosing the right application, filing the application, the hearing and the order can be found at: http://www.ltb.gov.on.ca/en/Application/STEL01_079130.html
Legal Aid Ontario (LAO), 416-598-0200 or 1-800-668-8258, they will redirect you to your local legal aid clinic.
Tenant Hotline, 416-921-9494, provided by the Federation of Metro Tenants’ Associations
Most rental units are covered by the Residential Tenancies Act, 2006 (RTA) and tenancy disputes will be dealt with by the Landlord and Tenant Board. The RTA sets out the rights and responsibilities of landlords and tenants.
Rental units that are not covered by the RTA are subject to contract law (the agreed-upon terms between the people signing or orally agreeing to the contract or lease agreement), and disputes can be dealt with in Small Claims Court.
Human rights complaints, depending on the circumstances, can be made to the Human Rights Tribunal of Ontario. The Landlord Tenant Board can address some human rights issues as well.
If your place is not covered by the RTA (e.g. you live in your parents’ home, crashed with friends, or paid your rent to another tenant) and the person you were living with won’t let you pick up your things, you can call the police for assistance and they should allow you in to retrieve your belongings.
If you have been assaulted by someone you were living with, you should call the police so that they can accompany you to pick up your things. The police are allowed to enter in an emergency situation to allow you to obtain your personal belongings.
If they are at risk of harm or facing harm, you can contact a Children’s Aid Society (CAS). Harm can be physical, emotional, sexual harm, or neglect. 16 and 17 year olds who are not already getting help from CAS can ask for help and enter into a Voluntary Youth Service Agreement (VYSA) with CAS. On a request for a VYSA from the CAS, the Office of the Children’s Lawyer (OCL) will be notified and a lawyer from the OCL will talk to you about your request. For more details, read our blog post.
You are legally entitled to rent your own apartment. If you are on OW, your worker has the right to approve where you live. It is against the law for a landlord to refuse to rent to you because you are 16 or 17. It is also against the law to refuse to rent to you because you are receiving OW.
The Youth Criminal Justice Act (YCJA) provides unique rights and procedures for young people between the ages of 12 - 17 who are charged with a criminal offence in Canada.
Going to school is a legal requirement for young people between the ages of 6 and 17. The Education Act gives parents and children specific rights in the publicly funded school system.
In Ontario, you can choose where you live when you are 16 years old. The decision to leave is often not easy and can lead to difficulties in getting all your belongings, having enough money to support yourself and attending school.
COVID-19 and Evictions: Information from Community Legal Education Ontario: Tenants who get a notice for a hearing at the LTB need to get legal advice as soon as possible. They can contact their local community legal clinic. They can also sign up for tenant duty counsel advice at www.tdc.acto.ca or by calling 1-877-374-0391. They’ll need their LTB file number and hearing date, which they can find on the notice of hearing. Updates with more information will be on the Steps to Justice website.
It is difficult finding affordable housing in Ontario. You should get the help of a housing worker to support you in your search, and explore options in supportive or co-op housing. The housing worker may also assist you to apply for different subsidized housing programs, depending on your needs.
Discrimination by potential landlords is a major barrier to getting housed. The Ontario Human Rights Code applies to landlord tenant relationships, including finding and keeping rental units.
The law prohibits landlords and potential landlords from discriminating on the grounds of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, age, marital status, family status, disability, or the receipt of public assistance. Age, for the purposes of housing, is defined as over age 16.
If you feel that you are being treated differently based on a protected ground, you and your housing worker can negotiate with the landlord, or speak to your local legal aid clinic, the Human Rights Legal Support Centre, or the Centre for Equality Rights in Accommodation for problem solving.
While most rental units in Ontario are covered by the Residential Tenancies Act (RTA), it does not apply in a number of situations, including, but not limited to where:
Co-ops are governed by the Co-operative Corporations Act. Non-profit or social housing is covered by the RTA but they are exempt from the rental increase provisions. Depending on the specific facility, a supported housing arrangement may or may not qualify as being governed by the RTA.
A landlord must:
A landlord must NOT:
If you do not meet your responsibilities, you are at risk of being evicted. You are also at risk of eviction if the landlord needs the unit for their own use, or the use of their immediate family members, even if you have done nothing wrong.
A landlord must follow certain rules and procedures for eviction. They must either reach an agreement with you, or get an order from the Landlord and Tenant Board. If a landlord wants to evict you, they must serve you with the proper notices. You have a right to remedy your wrongs or have a Tribunal hearing to explain your side of the story.
You do not have to move out just because you received a notice. In this circumstance, you should contact Legal Aid Ontario immediately to get the help of your local legal aid clinic.
Unless your landlord has grounds for an eviction, you do not have to move out or sign a new agreement at the end of the lease term. The rental agreement is automatically renewed on a month-to-month basis (if rent is paid monthly) or a week-to-week basis (if rent is paid weekly). The same terms of the former agreement apply to the tenancy, subject to any permitted rental increases. If you want to move out, usually you must give at least 60 days written notice.
In most cases, it is illegal for your landlord to lock you out or take your belongings. Your landlord cannot lock you out or take your belongings even if you didn’t pay your rent, broke a tenant law (e.g. you made excessive noise, dealt drugs in your unit) or broke one of the landlord’s rules.
Even if you have been legally evicted (the Sheriff has changed your locks), you have the next 72 hours (between the hours of 8 a.m. and 8 p.m.) after the legal eviction to remove your belongings. If the landlord does not allow you to remove your belongings, you can make an urgent application to the Board. Seek legal advice.
However, if your landlord thinks that you have moved without giving notice or making an agreement, your place might be considered abandoned. In this case, the landlord may be able to dispose of your things after making an application to the landlord and Tenant Board and waiting 30 days. If you are going to be away for a long time, make sure that you let your landlord know that you have not moved out. If your rent has been paid, your place cannot be considered abandoned.
It is important to act quickly in landlord tenant disputes. Remember to always collect evidence when you think you have a problem – from a leaky tap to being discriminated against to being locked out. Knowing how the law applies to you and your options for problem solving and how to get help will assist you if you have any problems. Below are some further resources and contact information for help.
Advocacy Centre for Tenants of Ontario (ACTO), 416-597-5855, toll-free 1-866-245-4182.Information and education on housing in Ontario.
Centre for Equality Rights in Accommodation (CERA), 416-944-0097, toll-free 1-800-263-1139. Organization promoting human rights in housing and ending housing discrimination.
Human Rights Legal Support Centre (HRLSC), 416-597-4900 or 1-866-625-5179 . Human rights legal services to individuals in Ontario.
Investigation and Enforcement Unit of the Ministry of Municipal Affairs and Housing (IEU), 416-585-7214, Toll-free 1-888-772-9277.
Landlord and Tenant Board, 416-645-8080, Toll-free 1 (888) 332-3234.
All tenant application forms are available at: http://www.ltb.gov.on.ca/en/Forms/STEL02_111308.html.
Step-by-step instructions and information on choosing the right application, filing the application, the hearing and the order can be found at: http://www.ltb.gov.on.ca/en/Application/STEL01_079130.html
Legal Aid Ontario (LAO), 416-598-0200 or 1-800-668-8258, they will redirect you to your local legal aid clinic.
Tenant Hotline, 416-921-9494, provided by the Federation of Metro Tenants’ Associations
Most rental units are covered by the Residential Tenancies Act, 2006 (RTA) and tenancy disputes will be dealt with by the Landlord and Tenant Board. The RTA sets out the rights and responsibilities of landlords and tenants.
Rental units that are not covered by the RTA are subject to contract law (the agreed-upon terms between the people signing or orally agreeing to the contract or lease agreement), and disputes can be dealt with in Small Claims Court.
Human rights complaints, depending on the circumstances, can be made to the Human Rights Tribunal of Ontario. The Landlord Tenant Board can address some human rights issues as well.
If your place is not covered by the RTA (e.g. you live in your parents’ home, crashed with friends, or paid your rent to another tenant) and the person you were living with won’t let you pick up your things, you can call the police for assistance and they should allow you in to retrieve your belongings.
If you have been assaulted by someone you were living with, you should call the police so that they can accompany you to pick up your things. The police are allowed to enter in an emergency situation to allow you to obtain your personal belongings.
If they are at risk of harm or facing harm, you can contact a Children’s Aid Society (CAS). Harm can be physical, emotional, sexual harm, or neglect. 16 and 17 year olds who are not already getting help from CAS can ask for help and enter into a Voluntary Youth Service Agreement (VYSA) with CAS. On a request for a VYSA from the CAS, the Office of the Children’s Lawyer (OCL) will be notified and a lawyer from the OCL will talk to you about your request. For more details, read our blog post.
You are legally entitled to rent your own apartment. If you are on OW, your worker has the right to approve where you live. It is against the law for a landlord to refuse to rent to you because you are 16 or 17. It is also against the law to refuse to rent to you because you are receiving OW.
Become informed about your legal rights when it comes to decisions about your healthcare and mental healthcare treatment. This includes any procedure carried out or prescribed by a health practitioner to diagnose or treat a physical or mental health condition.
The Ontario Human Rights Code protects you from discrimination on many grounds and in many social areas. Specific legal concerns raised by youth identifying in LGBTQI2S communities are about GSAs, Trans and Gender Inclusive Spaces and changing their ID.
You can be given a ticket for breaking a provincial law if you are over the age of 16. Some of the common laws that young people are given tickets for is covered in this section.
In family law, the rights of children are unique. Become informed about going into and being in the care of a Children's Aid Society, when parents can assault you (corporal punishment / spanking exemption to assault), and your right to be heard when your parents are splitting up.
JFCY's Childhood Arrivals and Support & Advocacy Program (CASA) provides services to young people who arrived in Canada as children and are living in Ontario without immigration status.
Street Youth Legal Services (SYLS) is a program that provides information and services for homeless youth between the ages of 16 - 25. These are some of the common issues that the SYLS lawyer is asked about.
