Advice for the Mobile and Seasonal RV CampersThis site discusses the what and why of RV Campground Site electrical problems(Low Voltage, Voltage Drop) and how the Ontario RTA and CPA affect Seasonal Campers, Sites and Contracts.
RTA – Ontario Residential Tenancies Act 2006
CPA – Ontario Consumers Protection Act 2002
The information provided in this site is NOT LEGAL ADVICE. If you have any questions or concerns about this information, contact a lawyer.
Some of the issues discussed here, I am sure, your campground would prefer that you did not know.
RV Campground Electrical Issues 1
RV Campground Electrical Issues 2
RV Campground Electrical General Issues
Ontario Campground Seasonal Sites are now covered by Residential Tenancies Act 2006.(Comments – Case Law – Matthews v. Algoma Timberlakes Corporation, 2010 ONCA 468 )
The Act also applies to care homes, retirement homes, and sites in a mobile home park or land lease community.
License of Occupation(aka Site Contract) and Consumers Protection Act 2002
RTA 15(1)
(e) that the consumer transaction is excessively one-sided in favour of someone other than the consumer;
(f) that the terms of the consumer transaction are so adverse to the consumer as to be inequitable;
Unfair practices prohibited
RTA 2006
161. In addition to a landlord’s obligations under section 20, a landlord is responsible for, ….
(f) repairing damage to a tenant’s property, if the damage is caused by the wilful or negligent conduct of the landlord. 2006, c. 17, s. 161.
Provisions conflicting with Act void (RTA)
4. (1) Subject to section 194, a provision in a tenancy agreement that is inconsistent with this Act or the regulations is void. 2006, c. 17, s. 4.
Mobile Home Parks and Land Lease Communities
(Landlord and Tenant Board)
The lease should not contain any terms that are inconsistent with the Act. If the lease does contain a term that is inconsistent with the Act, that term will not be enforced by the Board.
Maintenance and Repairs – (Landlord and Tenant Board)
There is a section in this document that apples to campgrounds
A landlord has to keep the rental property in a good state of repair. A landlord must obey all health, safety, housing and maintenance standards, as set out in any provincial laws or municipal bylaws.
A Guide to the Residential Tenancies Act (Landlord and Tenant Board)
The Act sets out the rights and responsibilities of landlords and tenants who rent residential properties.
Residential Tenancies Act 2006 – Part X – Mobile Home Parks and Land Lease Communities
152. (1) This Part applies with respect to tenancies in mobile home parks. 2006, c. 17, s. 152 (1).
(2) This Part applies with necessary modifications with respect to tenancies in land lease communities, as if the tenancies were in mobile home parks. 2006, c. 17, s. 152 (2).
153. A reference in this Part to a tenant’s mobile home shall be interpreted to be a reference to a mobile home owned by the tenant and situated within a mobile home park of the landlord with whom the tenant has a tenancy agreement. 2006, c. 17, s. 153.
Message from the Electrical Safety Authority
Do you have a buried flexible line cord run to your shed for lights or a bar fridge, Then read this.
Violations contrary to the Electricity Act are subject legal action and fines, under section 113 of the Electricity Act. Please be advised that if these violations are not corrected, the Electrical Safety Authority will issue a disconnection order to the [Campground Name Removed] and the power to your campsite will be disconnected until such time as the electrical hazard(s) have been eliminated or corrected.
Controversy – RTA – Seasonal Campgrounds Excluded?
RTA Exemptions – Case Law – Putnam v. Grand River Conservation Authority 2006
The RTA referenced here is the Tenant Protection Act, 1997, S.O. 1997 c. 24 and section 3(a) referenced below is section 5(a) in the current version of the RTA
RTA 3(a) living accommodation intended to be provided to the travelling or vacationing public or occupied for a seasonal or temporary period in a hotel, motel or motor hotel, resort, lodge, tourist camp, cottage or cabin establishment, inn, campground, trailer park, tourist home, bed and breakfast vacation establishment or vacation home.
The listing of places where this seasonal or temporary accommodation is to take place clearly is a listing of places, owned by private persons or businesses, which appeal to the general public as vacation spots or places to stay when one is away from home. They represent accommodation for travellers, for vacationers, for anyone who needs temporary accommodation provided by someone other than themselves.
The Tribunal’s interpretation of section 3(a) of the Act is an interpretation based upon the listing of the areas of ‘living accommodation … occupied for a seasonal or temporary period’. That list contains only areas of accommodation that are owned or managed by a person or business offering the accommodation service.