Are There Any Exceptions to the Covid Eviction Ban?
Effective April 8 2021, Enforcement of Residential Eviction Is Suspended. However, If An Order Issued By the Landlord Tenant Board or a Superior Court Judge Requires Expedited Eviction, Enforcement May Still Proceed.
Understanding the 2021 Restrictions and Exceptions Regarding Eviction Enforcement Due to Covid19
As is effective April 8 2021, and as issued in response to the continuing Covid19 crisis, an Order to suspend enforcement of residential eviction was initiated by the Ontario government. There are a few exceptions to the suspension that will require a special Order from the Landlord Tenant Board or a Superior Court judge.
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The Law
As per O. Reg. 266/21 as a government Order by regulation issued per powers provided by the Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9, enforcement of residential evictions is suspended with exception only for those evictions that are ordered for expedited eviction by either the Landlord Tenant Board or by a judge sitting in the Superior Court of Justice. The Order specifically mandates:
Terms of Order
1. The terms of this Order are set out in Schedule 1.
Application
2. This Order applies as of 12:01 a.m. on April 8, 2021.
SCHEDULE 1
EVICTIONS
No enforcement of evictions or writs of possession
1. (1) No person shall attend at a residential premises for the purpose of enforcing any of the following:
1. An order evicting a tenant under the Residential Tenancies Act, 2006.
2. A writ of possession issued by the Superior Court of Justice removing a person from their place of residence.
(2) Subsection (1) does not apply if,
(a) in respect of an order described in paragraph 1 of subsection (1), the Landlord and Tenant Board requests that the sheriff expedite the enforcement of the order; or
(b) in respect of a writ of possession described in paragraph 2 of subsection (1), a judge of the Superior Court of Justice orders that the sheriff expedite the enforcement of the writ.
Summary Comment
As per the directives within the recent government Order, the enforcement of residential evictions is currently banned with a few exceptions. Unlike the eviction moratorium in 2020, the current Order provides the Landlord Tenant Board with the authority to issue an Order for an expedited eviction which is currently enforceable.
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