Will my old maintenance complaint still be handled properly if the rules changed?

Jurisdiction: Canada • Practice Area: Tenancy Law • Responsible editor: Cong Ho• Published November 3, 2026

Quick Summary

Yes, the Ministry still has the power to enforce your original work order. Even though the rules changed, the law specifically protects complaints that were filed before the new regulations began.

The situation

I live in Ontario and I have been dealing with a really stressful situation regarding my landlord's failure to fix a massive mould problem in my kitchen. I actually filed a formal complaint with the Ministry back in November 2015, well before the new housing laws were fully implemented this year. At that time, an inspector came out and issued a work order requiring the landlord to spend at least $3,000 on professional remediation and ventilation. However, since the new rules came into effect recently, the landlord has been trying to ignore the order, claiming that the old rules no longer apply to my case because of the recent changes in the law. I have already tried sending several polite emails and even a formal letter via registered mail to my landlord's property manager, but they just keep stalling and saying the process is different now. I am worried that because my initial complaint was lodged before the commencement date of these new regulations, the government might not be able to enforce the original work order or finish investigating the issue. Does the Ministry still have the power to make sure my landlord follows that specific order they issued last year, or am I stuck in a legal limbo because of the timing?

Detailed Analysis

You are not stuck in legal limbo. Because you filed your formal complaint regarding the kitchen mould in November 2015, your case is protected by specific transition rules.

The law states that for complaints received before the commencement date, the old rules "continue to apply for the following purposes"[1]. This means the legal framework used when your inspector first visited remains in effect for your specific situation.

Specifically, the Ministry's power includes "Ensuring compliance with a work order issued with respect to the complaint before, on or after the commencement date"[1]. This provision ensures that the $3,000 remediation and ventilation order issued to your landlord remains valid and enforceable, regardless of the recent changes in housing laws. The landlord's claim that the old rules no longer apply is incorrect under these transition provisions.

Furthermore, the Ministry maintains its ability to investigate your original complaint and handle any legal reviews of that work order[1]. While the landlord may attempt to stall by citing new regulations, the law was designed to prevent exactly this type of confusion for tenants with ongoing issues.

State, provincial, or local laws may add further rules, so you should check with your local municipal housing office.

Statutory Citations

Legal Citation: Residential Tenancies Act, 2006 (Ontario) § S.O. 2006, c. 17, s. 226.4 — Transition, complaints received before commencement date
"Sections 224 to 226... as they read immediately before the commencement date... continue to apply for the following purposes with respect to a complaint that was received by the Minister under section 224 before that date: ... 2. Ensuring compliance with a work order issued with respect to the complaint before, on or after the commencement date."
View Official Legislation →
Legal Citation: Residential Tenancies Act, 2006 (Ontario) § S.O. 2006, c. 17, s. 226 — Review of work order
"If a landlord who has received an inspector’s work order is not satisfied with its terms, the landlord may... apply to the Board for a review of the work order."
View Official Legislation →

Important Legal Disclaimer

General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.

Have a situation like this?

Ask the AI Lawyer app about your specific case.

Related Questions