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Quebec versus Ontario: Diverging Opinions in Residential Tenancy Law

Quebec versus Ontario: Diverging Opinions in Residential Tenancy Law

In October 2025, the Ontario government under Doug Ford proposed reforms intended to speed up hearings before the Landlord and Tenant Board.
Ontario proposals that contrast with Quebec’s approach.

Among the proposals, two caught our attention because they run counter to the vision of the Legault government in Quebec:
• Eliminate the landlord’s obligation to pay compensation to a tenant for an eviction related to the landlord’s personal use of the apartment if the landlord gives the tenant four months’ notice or more.
• At lease expiry, allow the landlord to choose the tenant and the duration of the tenancy.

Two other measures under consideration
• Remove the possibility for a tenant to raise new arguments before the Board in cases of unpaid rent, unless the tenant gives notice within prescribed time limits.
• Restrict a tenant’s ability to raise new arguments before the Board unless the tenant has paid at least half of the unpaid rent claimed by the landlord.

Repossession of a dwelling in Quebec
Since June 6, 2024, it has become even more difficult in Quebec to repossess a dwelling because, in addition to requirements such as parental relationship and the tenant’s age (protection for tenants 65 and over who have lived in the unit for more than 10 years), income and other criteria must be met.

Once a judge authorizes repossession, it is at the judge’s discretion to impose the conditions the judge considers fair and reasonable, including payment of compensation equivalent to moving expenses (Article 1967 C.c.Q.):
“1967. When the tribunal authorizes repossession or eviction, it may impose the conditions it considers fair and reasonable, including, in the case of repossession, payment to the tenant of compensation equivalent to moving expenses.”

Some judges limit compensation to moving expenses only:
“The Tribunal concludes from all of the above that the determination of the compensation will aim to establish the actual cost of the move that the tenant would incur if they chose to move themselves. These costs obviously include utility connection fees and mail forwarding.” 2021 QCTAL 3083

Other judges interpret compensation more broadly to include factors such as length of occupation, the tenant’s age, health status, rootedness in the neighbourhood, time lost finding another dwelling, lost work time for moving, painting costs, compensation for decorating the unit, or other similar aspects. For example, in 2024 QCTAL 22066 (tenant in occupation for 14 years, evidence of significant physical limitations, serious illness awaiting a kidney transplant):
“The Tribunal generally awards moving expenses that a reasonable person would incur if they had to bear them alone. The exceptional facts of this case, however, require us to depart from that practice. The Tribunal must award the amount of money necessary to ensure a decent move for the tenant given her physical limitations.” Decision: Compensation of $15,000.

At lease expiry in Ontario
The Ontario government backtracked after public outcry: “Therefore, we have decided not to undertake consultations on potential changes to month-to-month tenancies,” said the Minister of Municipal Affairs and Housing, Rob Flack.

The controversial proposal had been to explore “other options applicable at lease expiry that could allow the landlord to choose their tenant and the duration of the tenancy.” The measure aimed to allow owners “to adapt the rental agreement according to market conditions, their personal needs or their business strategy.”

The Association des Propriétaires du Québec (APQ) remains watchful regarding other options that might be adapted for Quebec.

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Québec Landlords Association

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