Evictions Banned
Effective April 8 2021 Per Emergency Order
Page last modified : December 08 2023
Does the Covid Eviction Prohibition Have Any Exceptions?
Residential eviction enforcement is suspended as of April 8, 2021. Enforcement may still proceed, though, if a judge or the landlord-tenant board issue an order requiring an expedited eviction.
On April 8, 2021, the government issued an Order to halt the enforcement of residential evictions in response to the ongoing Covid-19 crisis. This Order includes a few exceptions that permit evictions when
expedited by either the Landlord Tenant Board or a judge in a Superior Court.
The Law
Under the authority granted by the Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9, through O. Reg. 266/21, a government Order by regulation, the enforcement of residential evictions is suspended. However, exceptions exist solely for evictions ordered on an expedited basis by either the Landlord Tenant Board or a judge presiding in the Superior Court of Justice. The Order expressly 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 individual shall visit a residential property to enforce 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 to remove a person from their residence.
(2) Subsection (1) doesn’t apply if:
(a) Regarding an order specified in paragraph 1 of subsection (1), the Landlord and Tenant Board requests the sheriff to expedite the order’s enforcement.
(b) Regarding a writ of possession specified in paragraph 2 of subsection (1), a judge of the Superior Court of Justice orders the sheriff to expedite the enforcement of the writ.
Summary Comment
The Order includes exceptions permitting the enforcement of certain residential evictions. Notably, unlike the previous eviction suspension Order, this one grants authority to the Landlord Tenant Board to issue an expedited Order that can be enforced.
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