Who’s Responsible - Tenants or Landlords?
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RADON Responsibilities for Landlords and Tenants (Ontario)
Legal Context
Regulations addressing RADON responsibilities between landlords and tenants are legally defined in British Columbia, but have not yet been legislated in Ontario.
Practical Responsibilities (Reality Today)
Tenants
- There is no current legal requirement in Ontario for landlords to test for or mitigate RADON.
Landlords
- Under the Residential Tenancies Act, 2006 (RTA), landlords must maintain all rental units in good repair and fit for habitation.
Legal Interpretation and Possible Liabilities
Residential Tenancies Act (RTA)
Section 20(1) of the RTA clearly states:
“A landlord is responsible for providing and maintaining a residential complex in a good state of repair and fit for habitation.”
Some tribunal and legal interpretations in Ontario have found that elevated RADON levels can render a dwelling unfit for habitation, thereby triggering landlord responsibility.
Health Canada Guidance
According to Health Canada’s Radon and Municipal Law Guide,
“Tribunals have found that these clauses give tenants the right to have elevated RADON addressed.” (Source: Canada.ca – Radon and Municipal Law Guide)
🏠 In Summary
While Ontario does not yet have explicit RADON legislation, case-by-case liability exists under the Residential Tenancies Act (RTA).
If a tenant can demonstrate that dangerous levels of RADON make a unit uninhabitable, the landlord could be found in breach of the RTA and required to take corrective action.
Tenants should test and communicate results.
Landlords should act promptly to ensure safe, habitable living conditions.
