Rent Control Act, 1992, S.O. 1992, c. 11

Versions

Revoked/spent regulations under this Act

repealed on June 17, 1998

O. Reg. 21/95	MAINTENANCE STANDARDS
O. Reg. 522/94	CARE HOMES
O. Reg. 295/93	DEFINITIONS-HOTEL
O. Reg. 416/92	TABLE (SUBSECTION 12 (1) OF THE ACT)
O. Reg. 415/92	FORMS
O. Reg. 375/92	GENERAL
O. Reg. 374/92	REGIONS

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Rent Control Act, 1992

S.O. 1992, CHAPTER 11

Note: This Act was repealed on June 17, 1998. See: 1997, c. 24, ss. 218, 228.

Amended by: 1994, c. 2, ss. 8-30; 1997, c. 24, s. 218.

CONTENTS


1.	Definitions
2.	Application of Act
3.	Exemptions from Act
4.	Act binds Crown
PART I RENT CONTROL
5.	No charge greater than maximum rent
6.	When increase permitted
NOTICE OF RENT INCREASE
7.	Notice of rent increase
7.1	Notice of increased charges
8.	If tenant fails to give notice
9.	Notice to new tenant
9.1	Information to tenants in care home
MAXIMUM RENT
10.	Maximum rent
11.	Maximum increase without application
12.	Rent control guideline
APPLICATION FOR INCREASE ABOVE GUIDELINE
13.	Application for increase above guideline
14.	Extraordinary operating costs
15.	Eligible capital expenditure
16.	Transition, capital expenditure
17.	Capital expenditure re rental unit, on consent
18.	New or additional services
19.	Rent chargeable before order
20.	Findings
21.	Order
CAPITAL CARRY FORWARD WITHOUT APPLICATION
22.	Increase by amount carried forward
APPLICATION TO REDUCE RENT
23.	Application to reduce rent
24.	Operating costs
25.	Inadequate maintenance
26.	Reduced services
27.	Findings
28.	Order
ADVANCE DETERMINATION
29.	Advance determination
PAYMENT OF ILLEGAL RENT
30.	Tenant not liable to pay illegal rent
ILLEGAL ADDITIONAL CHARGES
31.	Additional charges prohibited
32.	Application re illegal charges
DETERMINATION OF ISSUES
33.	Application to determine issues
COMPLIANCE WITH STANDARDS
34.	Director to receive files and orders
35.	Director to receive work orders
36.	Application of prescribed standards
37.	Inspector’s work order
38.	Order prohibiting rent increase
39.	Order stayed
40.	Rescission of order
41.	Withdrawal of order
42.	Inspection required
FAILURE TO FILE INFORMATION
43.	Registrar’s application
44.	Application for withdrawal
SEPARATE CHARGES
45.	Separate charges
46.	Adding or discontinuing services, etc.
PART II PROCEDURE
47.	Part I applications
48.	Application to region
49.	Method of giving notice, etc.
50.	Ministry notice to tenant
PARTIES
51.	Parties
APPLICATION AND RESPONSE
52.	Form of application
53.	Supporting material
54.	When application complete
55.	Copy of application to parties
56.	Amending applications
57.	Withdrawing applications
PROCEDURE BEFORE HEARING OR REVIEW
58.	Acknowledgment notice
59.	Parties may examine material
60.	Extension, etc., of time
RIGHT TO A HEARING
61.	Hearing to be held
62.	Administrative review to apply
63.	Administrative review directed
64.	Adding parties
65.	Hearing
66.	Request for pre-hearing conference
67.	Administrative review
ADMINISTRATIVE REVIEW
68.	Notice of administrative review
69.	Submissions
70.	Determination and order
71.	Material to be considered
72.	Other relevant information
73.	SPPA does not apply
74.	Information available
PRE-HEARING CONFERENCE
75.	Pre-hearing conference
76.	Evidence to be considered
77.	Submissions
78.	Recommendations
79.	Order
80.	Rent officer not to conduct hearing
81.	SPPA does not apply
HEARING
82.	Notice of hearing
83.	SPPA applies
84.	Matters to be considered
85.	Submissions
86.	Evidence to be considered
87.	Rent officer may question parties
88.	Other relevant information
OTHER MATTERS
89.	Frivolous or vexatious proceeding
90.	Applications joined
91.	Real substance
92.	File information
ORDER
93.	Order
94.	Clerical errors
95.	Power to reconsider
APPEAL
96.	Appeal to Divisional Court
97.	Orders not stayed pending appeal
MISCELLANEOUS
98.	Substantial compliance
99.	Contingency fee limited
100.	Enforcement of order for the payment of money
PART III RENT REGISTRY
101.	Rent registry
102.	Transfer of registered information
STATEMENTS TO BE FILED
103.	Statement for new complex
104.	Statement of rent information
104.1	Statement of care home information
105.	Contents of statement
106.	Deemed filing
107.	Change of information
108.	Notice to refile information
109.	New landlord
CALCULATION OF MAXIMUM RENT
110.	Maximum rent
111.	Notice to landlord
INFORMATION RECORDED IN REGISTRY
112.	Information recorded
MISCELLANEOUS
113.	Lower assessment
114.	Notice re reduction
115.	Reduction of maximum rent
116.	Information
PART IV GENERAL
117.	Record
118.	Administration
119.	Duties of Minister
120.	Director
121.	Exclusive jurisdiction
122.	Inspectors
123.	Duties of inspectors
124.	Search warrant
125.	Admissibility of copies
126.	Rent officers
127.	Exclusive jurisdiction
128.	Registrar
129.	Exclusive jurisdiction
130.	Prohibition
131.	Proof of filed documents
132.	Fees
133.	Immunity
134.	Offences
135.	Regulations
136.	Repeals
137.	Repeals
138.	Transitional
______________

Definitions

1. (1) In this Act,

“capital component”, in respect of maximum rent, means the capital component of the maximum rent for a particular capital expenditure, as determined under subsection 20 (8) or 22 (4), as the case may be; (“élément d’immobilisations”)

“care home” means a residential complex that is occupied or intended to be occupied by persons for the purpose of receiving care services, whether or not receiving the services is the primary purpose of the occupancy, but does not include a residential complex that has been converted to use as a care home contrary to the Rental Housing Protection Act; (“maison de soins”)

“care services” means, subject to the regulations made under this Act,

(a) health care services,

(b) rehabilitative or therapeutic services, or

“Director” means the Director of Rent Control appointed under section 120; (“directeur”)

“guideline”, in respect of a rental unit in a residential complex, means the rent control guideline determined under section 12 for that residential complex; (“taux légal”)

“landlord” includes,

(a) the owner or other person permitting occupancy of a rental unit,

(b) the heirs, assigns, personal representatives and successors in title of a person referred to in clause (a), and

(c) a person, other than a tenant occupying a rental unit in a residential complex, who is entitled to possession of the residential complex and who attempts to enforce any of the rights of a landlord under a tenancy agreement or this Act, including the right to collect rent; (“locateur”)

“maximum rent” means the lawful maximum rent for a rental unit; (“loyer maximal”)

“Minister” means the Minister of Housing; (“ministre”)

“Ministry” means the Ministry of Housing; (“ministère”)

“mobile home” means any dwelling that is designed to be made mobile and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer, tent trailer or a trailer otherwise designed; (“maison mobile”)

“mobile home park” means the rental units, and the land, structures, services and facilities of which the landlord retains possession and that are intended for the common use and enjoyment of the tenants of the landlord where two or more occupied mobile homes are located for a period of sixty days or more; (“parc de maisons mobiles”)

“non-profit co-operative housing corporation” means a corporation incorporated without share capital under the Co-operative Corporations Act or any predecessor of it or under similar legislation of Canada or any province, the main purpose and activity of which is the provision of housing for its members, and the charter, by-laws or articles of which provide that,

(a) its activities shall be carried on without the purpose of gain for its members,

(b) on dissolution, its property after payment of its debts and liabilities, shall be transferred to or distributed among one or more non-profit housing co-operatives or charitable organizations,

(c) housing charges, other charges similar to rent, or any other charges payable by members are decided by a vote of the members or of a body duly elected or appointed by the members, or a committee of that body,

(d) termination of occupancy rights may be brought about only by a vote of the members or of a body duly elected or appointed by the members or a committee of that body, which vote is not taken until after the member whose occupancy rights are terminated is given a right to appear and make representations; (“coopérative de logement sans but lucratif”)

“person”, or any expression referring to a person, means an individual, sole proprietorship, partnership, limited partnership, trust, body corporate, and an individual in his or her capacity as a trustee, executor, administrator or other legal representative; (“personne”)

“prescribed” means prescribed by the regulations made under this Act; (“prescrit”)

“rent” includes the amount of any consideration paid or given or required to be paid or given by or on behalf of a tenant to a landlord or the landlord’s agent for the right to occupy a rental unit and for any services and facilities or any privilege, accommodation or thing that the landlord provides for the tenant in respect of the occupancy of the rental unit, whether or not a separate charge is made for services and facilities or for the privilege, accommodation or thing, but “rent” does not include,

(a) any amount,

(i) paid by a tenant to a landlord to reimburse the landlord for property taxes paid by the landlord to a municipality in respect of a mobile home, or a home which is a permanent structure owned by a tenant, and

(ii) in respect of which the landlord can establish the portion of the municipal taxes that relates to the tenant’s mobile home or home which is a permanent structure; or

(b) subject to the regulations made under this Act, any amount that a landlord charges a tenant of a rental unit in a care home for care services or meals; (“loyer”)

“rental unit” means any living accommodation, site for a mobile home or site on which there is a single-family dwelling that is a permanent structure where the living accommodation or site is used or intended for use as rented residential premises and includes a room in a boarding house or lodging house and a unit in a care home; (“logement locatif”)

“residential complex” means,

(a) a building or related group of buildings in which one or more rental units are located,

(b) a mobile home park in which one or more rental units are located,

(d) a related group of sites each of which is a rental unit,

and “residential complex” includes all common areas and services and facilities available for the use of its residents; (“ensemble d’habitation”)

“residential unit” means any living accommodation, site for a mobile home or site on which there is a single-family dwelling that is a permanent structure where the living accommodation or site is used or intended for use as residential premises and includes a room in a boarding house or lodging house and a unit in a care home; (“unité de logement”)

“services and facilities” includes,

(a) furniture, appliances and furnishings,

(b) parking and related facilities,

(d) elevator facilities,

(e) common recreational facilities,

(f) garbage facilities and related services,

(g) cleaning and maintenance services,

(h) storage facilities,

(i) intercom systems,

(j) cablevision facilities,

(k) heating facilities and services,

(l) air-conditioning facilities,

(m) utilities and related services,

(n) security services and facilities; (“services et installations”)

“tenancy agreement” means an agreement between a landlord and a tenant for occupancy of a rental unit, whether the agreement is written, oral or implied; (“bail”)

“tenant” means a person who pays rent in return for the right to occupy a rental unit and includes the tenant’s heirs, assigns and personal representatives, but “tenant” does not include a person who has the right to occupy a rental unit by virtue of being,

(a) a co-owner of the residential complex in which the rental unit is located, or

(b) a shareholder of a corporation that owns the residential complex. (“locataire”) 1992, c. 11, s. 1 (1); 1994, c. 2, s. 8 (1-4).

Rental unit, clarification

(2) A rented site for a mobile home or a single-family dwelling is a rental unit for the purpose of subsection (1) even if the mobile home or the single-family dwelling on the site is owned by the tenant of the site.

Residential complex, clarification

(3) Unless otherwise prescribed, a group of buildings is related for the purpose of subsection (1) if the buildings are owned by the same person or related persons, the buildings are located close to one another and,

(a) the buildings share common services and facilities; or

(b) the buildings are managed and administered as one business operation. 1992, c. 11, s. 1 (2, 3).

Initial rent date

(4) A reference in this Act to the initial rent date for a rental unit shall, except where otherwise prescribed, be deemed to be a reference to the date set out in the first of the following paragraphs that applies to the rental unit:

1. In the case of a rental unit in a residential complex to which subsection 3 (7) applies, the date on which Part I first applies to it.

1.1 In the case of a rental unit in a care home, where the rental unit is described in subsection (5),

i. the day it is first rented after November 23, 1993, if it was not rented on that day, or

ii. November 23, 1993, otherwise.

2. In the case of a rental unit to which Part VI or VI.1 of the Residential Rent Regulation Act did not apply,

i. the day it is first rented after the day this section is proclaimed in force if it was not rented on or before that day, or

ii. the day this section is proclaimed in force, otherwise.

3. In the case of a rental unit in a residential complex containing six or fewer residential units or of a rental unit in a residential complex that is a boarding house or a lodging house,

i. the date it is first rented, if it was not rented on or before the 1st day of October, 1990,

ii. the 1st day of October, 1990, if it was rented on that date.

4. In the case of a rental unit in a residential complex containing seven or more residential units,

i. the date it is first rented after the 1st day of July, 1985, if it was not rented on or before that day,

ii. the 1st day of July, 1985, otherwise. 1992, c. 11, s. 1 (4); 1994, c. 2, s. 8 (5).

Same, care home

(5) Paragraph 1.1 of subsection (4) applies to a rental unit if,

(a) the rental unit was not subject to rent regulation under this Act on November 22, 1993; or

(b) the following conditions are met:

1. The rental unit was subject to rent regulation under this Act on November 22, 1993.

2. No order had been made as of November 22, 1993 finding that any rental unit in the residential complex in which the rental unit is located was subject to rent regulation under this Act or a predecessor of this Act.

3. The residential complex in which the rental unit is located is a care home on November 23, 1993. 1994, c. 2, s. 8 (6).

Application of Act

2. (1) This Act applies to rental units in residential complexes, despite any other Act and despite any agreement or waiver to the contrary.

Conflict

(2) If a provision of this Act conflicts with a provision of another Act, other than the Human Rights Code, the provision of this Act applies. 1992, c. 11, s. 2.

Exemptions from Act

3. (1) This Act does not apply to,

(a) accommodation provided to the travelling and vacationing public 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 farm vacation home;

(b) living accommodation occupied as a vacation home for a seasonal or temporary period not exceeding four months;

(c) living accommodation whose occupancy is conditional upon the occupant continuing to be employed on a farm, whether or not the accommodation is located on that farm;

(d) living accommodation provided by a non-profit co-operative housing corporation to its members;

(e) living accommodation occupied by a person for penal or correctional purposes;

(e.1) living accommodation occupied by a person solely for the purpose of receiving rehabilitative or therapeutic services agreed upon by the person and the provider of the accommodation, where,

(i) the parties have agreed that,

(A) the period of occupancy will be of a specified duration, or

(B) the occupancy will terminate when the objectives of the services have been met or will not be met, and

(ii) the average length of the occupancy of the occupants of the building or structure in which the accommodation is located does not exceed six months or such lesser time period as the regulations made under this Act prescribe;

(f) accommodation that is subject to the Public Hospitals Act, the Private Hospitals Act, the Community Psychiatric Hospitals Act, the Mental Hospitals Act, the Homes for Special Care Act, the Homes for the Aged and Rest Homes Act, the Homes for Retarded Persons Act, the Nursing Homes Act, the Ministry of Correctional Services Act, the Charitable Institutions Act, the Child and Family Services Act or the Developmental Services Act;

(g) short term living accommodation provided as emergency shelter;

(h) living accommodation provided by an educational institution to its students or staff where,

(i) the living accommodation is provided primarily to persons under the age of majority, or

(ii) all major questions related to the living accommodation are decided after consultation with a council or association representing the residents,

unless the living accommodation has its own self-contained bathroom and kitchen facilities and is intended for year-round occupancy by full-time students or staff and members of their households;

(i) living accommodation located in a building or project used in whole or in part for non-residential purposes if the occupancy of the living accommodation is conditional upon the occupant continuing to be an employee of or perform services related to a business or enterprise carried out in the building or project;

(j) living accommodation whose occupant is required to share a bathroom or kitchen facility with the owner, the owner’s spouse, child or parent, or the spouse’s child or parent;

(k) premises occupied for business or agricultural purposes with living accommodation attached if the occupancy for both purposes are under a single lease and the same person occupies the premises and the living accommodation. 1992, c. 11, s. 3 (1); 1994, c. 2, s. 9 (1, 2).

Partial exemption

(2) Sections 6, 7 and 8 (when increase permitted, notice of rent increase) are the only sections of this Act that apply to a rental unit described below other than a rental unit occupied by a tenant who pays rent in an amount geared-to-income due to public funding:

1. Subject to subsection (3), a rental unit located in a residential complex owned, operated or administered by or on behalf of the Ontario Housing Corporation, the Government of Canada or an agency of either of them.

2. A rental unit located in a non-profit housing project, which is financially assisted by the Government of Canada or Ontario, a municipality or a regional, district or metropolitan municipality or an agency of any of them.

3. A rental unit located in a non-profit co-operative housing project as defined in the National Housing Act (Canada).

4. A rental unit provided by a non-profit co-operative housing corporation to tenants who are not its members.

Exception

(3) This Act applies to a rental unit described in paragraph 1 of subsection (2) if the tenant occupying the rental unit pays rent to a landlord other than the Ontario Housing Corporation, the Government of Canada or an agency of either of them.

Partial exemption

(4) Sections 7 and 8 (notice of rent increase) are the only sections of this Act that apply to,

(a) subject to subsection (5), a rental unit that is provided by an educational institution to a student or member of its staff and that is not exempt from this Act under clause (1) (h);

(b) a rental unit located in a residential complex owned, operated or administered by a religious institution for a charitable use on a non-profit basis;

(c) a rental unit described in paragraph 1, 2, 3 or 4 of subsection (2) where a tenant occupying the rental unit pays rent in an amount geared-to-income due to public funding.

Exception

(5) This Act applies in respect of a rent increase for rental units described in clause (4) (a) if there is a council or association representing the residents of those rental units and there has not been consultation with the council or association respecting the increase.

Idem

(6) This Act applies to a rental unit other than a rental unit described in paragraph 1, 2, 3 or 4 of subsection (2) where a tenant occupying the rental unit pays rent in an amount geared-to-income due to public funding but this Act does not apply to an increase in the amount geared-to-income paid by a tenant who is occupying such a rental unit. 1992, c. 11, s. 3 (2-6).

Time limited exemption

(7) Sections 6, 7, 7.1, 8, 9.1, 103, 107, 108 and 109 are the only sections of this Act that apply to a rental unit in a new residential complex during the period of five years commencing with the day the first rental unit in the residential complex is first rented if,

(a) no residential unit in the residential complex is occupied before November 1, 1991; and

(b) the landlord gives the tenant of the rental unit the notice described in subsection (7.1),

(i) within ninety days following the day this subsection comes into force if,

(A) the residential complex is a care home on November 23, 1993, and

(B) the tenant is a tenant of the rental unit on the ninetieth day following the day this subsection comes into force,

(ii) before entering into a tenancy agreement with the tenant, if subclause (i) does not apply.

Form of notice

(7.1) The notice shall be in the prescribed form and shall state that because of subsection (7) only sections 6, 7, 7.1, 8, 9.1, 103, 107, 108 and 109 will apply to the rental unit until the date set out in the notice. 1994, c. 2, s. 9 (3).

Clarification

(8) If a landlord fails to give the tenant of a rental unit referred to in subsection (7) the notice as required under clause (7) (b), this whole Act applies in respect of the rental unit from the commencement of the tenancy agreement with the tenant.

Date

(9) The date set out in the notice under subsection (7) shall be the date that is five years after the first rental unit in the residential complex is rented for the first time.

When exemption lost

(10) If a landlord fails to file a statement for a new residential complex under section 103 within the required time, subsection (7) will cease to apply to the residential complex on the day after the day on which that statement is required. 1992, c. 11, s. 3 (8-10).

Transitional

(11) Subsection (7) applies in respect of a tenancy agreement entered into before this section is proclaimed in force and in that case the notice under subclause (7) (b) (ii) given to the tenant is sufficient if it is in writing and sets out the fact that the rental unit will be exempt from this Act on its coming into force and the date on which that exemption will end. 1992, c. 11, s. 3 (11); 1994, c. 2, s. 9 (4).

Act binds Crown

4. This Act binds the Crown. 1992, c. 11, s. 4.

PART I
RENT CONTROL

No charge greater than maximum rent

5. (1) No landlord shall charge rent for a rental unit in an amount that exceeds the maximum rent for that rental unit.

No charge greater than ordered

(2) No landlord shall charge rent for a rental unit in an amount that exceeds the charge permitted under this Act or an order made under this Act. 1992, c. 11, s. 5.

Rent in care home

(3) No landlord shall charge a tenant of a rental unit in a care home rent in an amount that exceeds the sum of,

(a) the maximum rent for the rental unit less the lawful separate charges allocated to the tenants of the rental unit, where the resulting amount is divided by the number of persons that the rental unit is intended to accommodate on the initial rent date for the rental unit or such other date as is prescribed; and

(b) the lawful separate charges allocated to the tenant.

Exception

(4) Subsection (3) does not apply if,

(a) only one tenancy agreement exists for the rental unit and it has been entered into by more than one tenant; or

(b) only one tenancy agreement exists for the rental unit, it has been entered into by only one tenant, it has been entered into in writing and it has not been entered into as a result of coercion or because of a false, incomplete or misleading representation by the landlord or an agent of the landlord. 1994, c. 2, s. 10.

When increase permitted

6. (1) Except in cases where subsection 5 (3) applies, a landlord shall not increase the rent charged for a rental unit unless at least twelve months have elapsed,

(a) since the date of the last rent increase for that rental unit; or

(b) if there has been no such rent increase, since the day the rental unit was rented for the first time. 1992, c. 11, s. 6; 1994, c. 2, s. 11 (1).

Same, care home

(2) If subsection 5 (3) applies, a landlord shall not increase the rent charged to a tenant of a rental unit in a care home or the tenant’s successor unless at least twelve months have elapsed,

(a) since the date of the last increase in the rent charged to the tenant; or

(b) if there has been no such rent increase, since the day the rental unit was rented for the first time. 1994, c. 2, s. 11 (2).

Notice of Rent Increase

Notice of rent increase

7. (1) Except in cases where subsection 5 (3) applies, a landlord shall not increase the rent charged for a rental unit without first giving the tenant at least ninety days notice of the landlord’s intention to do so. 1992, c. 11, s. 7 (1); 1994, c. 2, s. 12 (1).

Same, care home

(1.1) If subsection 5 (3) applies, a landlord shall not increase the rent charged to a tenant of a rental unit in a care home without first giving the tenant at least ninety days notice of the landlord’s intention to do so. 1994, c. 2, s. 12 (2).

Form of notice

(2) Except in the case of a rental unit in a care home, a notice under subsection (1) shall be in the prescribed form and shall set out the landlord’s intention to increase the rent and the amount of the intended rent increase.

Same

(2.1) In the case of a rental unit in a care home, a notice under subsection (1) or (1.1) shall be in writing, shall set out the landlord’s intention to increase the rent and the amount of the intended increase and, if a form has been prescribed for the notice, shall be in the prescribed form.

Same, transitional

(2.2) For the purposes of subsection (2.1), the forms of notice prescribed in Ontario Regulation 415/92 shall be deemed not to apply to a rental unit in a care home unless the regulations made under this Act provide otherwise. 1994, c. 2, s. 12 (3).

Additional information

(3) If, at any time before the notice is given, an order has been made under this Act increasing the maximum rent for a rental unit by more than the guideline, the notice shall include information setting out the total cost for the residential complex for each of municipal taxes, heat, hydro and water for two consecutive years, as prescribed.

Exception

(4) Subsection (3) does not apply if the date of increase set out in the notice is before the day that is twelve months after the first effective date of the first order under this Act that increases the maximum rent for a rental unit in the residential complex by more than the guideline.

Increase void without notice

(5) An increase in rent is void if the landlord has not given the notice required by this section. 1992, c. 11, s. 7 (3-5).

Notice unnecessary for new tenant

(6) Subsections (1), (1.1), (2), (2.1), (3) and (4) do not apply to a rent increase that takes effect when a new tenant first occupies a rental unit under a new tenancy agreement. 1992, c. 11, s. 7 (6); 1994, c. 2, s. 12 (4).

Deemed compliance

(7) A notice of rent increase given in compliance with this Act, the Residential Rent Regulation Act or the Residential Tenancies Act, being chapter 452 of the Revised Statutes of Ontario, 1980, shall be deemed to be and always to have been sufficient notice for the purposes of section 123 and subsection 129 (1) of the Landlord and Tenant Act. 1992, c. 11, s. 7 (7).

Transitional, notice in care home

(8) Subsections (1), (1.1), (2), (2.1), (3) and (4) do not apply to a rent increase for a rental unit in a care home if,

(a) the residential complex in which the rental unit is located is a care home on November 23, 1993;

(b) no order had been made as of November 23, 1993 finding that any rental unit in the residential complex in which the rental unit is located was subject to rent regulation under this Act or a predecessor of this Act; and

(c) before November 23, 1993 the landlord has given a notice in writing of the increase in rent for the rental unit on or after that day. 1994, c. 2, s. 12 (5).

Notice of increased charges

7.1 (1) A landlord shall not increase a charge for providing a care service or meals to a tenant of a rental unit in a care home, where the charge is not included in rent, without first giving the tenant at least ninety days notice of the landlord’s intention to do so.

Contents of notice

(2) The notice shall be in writing, shall set out the landlord’s intention to increase the charge and the amount of the intended increase and, if a form has been prescribed for the notice, shall be in the prescribed form.

Effect of non-compliance

(3) An increase in a charge for a care service or meals is void if the landlord has not given the notice required by this section.

Transitional

(4) Subsections (1), (2) and (3) do not apply to an increase in a charge for providing a care service or meals to a tenant of a rental unit in a care home if,

(a) the residential complex in which the rental unit is located is a care home on November 23, 1993;

(b) before November 23, 1993 the landlord has given the tenant a notice in writing of the increase in the charge on or after that day. 1994, c. 2, s. 13, part.

If tenant fails to give notice

8. If a tenant who has been given notice of an intended rent increase under section 7 fails to give the landlord proper notice of termination under the Landlord and Tenant Act, the tenant shall be deemed to have accepted whatever rent increase would be allowed under this Act after the landlord and the tenant have exercised their rights under this Act. 1992, c. 11, s. 8.

Notice to new tenant

9. (1) Before entering into a tenancy agreement with a new tenant, the landlord shall give the new tenant a notice in writing setting out the maximum rent for the rental unit.

Idem

(2) The notice shall also inform the new tenant of the most recent notice of rent increase given, any pending application made by the landlord under this Act or the Residential Rent Regulation Act, any notice of pending decrease in rent under section 114, any current order or any current notice of carry forward that affects the rental unit and any appeal that is pending from the order.

If tenant not informed of maximum rent

(3) If the landlord fails to give the new tenant the notice required under this section, the landlord shall not increase the actual rent charged to the tenant by more than the guideline unless twenty-four months have elapsed since the new tenant first occupied the rental unit. 1992, c. 11, s. 9.

Information to tenants in care home

9.1 (1) Before entering into a tenancy agreement with a new tenant in a care home after the ninetieth day following the day this subsection comes into force, the landlord shall give to the new tenant, in addition to the notice described in section 9, an information package containing the prescribed information.

Effect of non-compliance

(2) After the ninetieth day following the day this subsection comes into force, the landlord shall not give a notice of rent increase under section 7 or a notice of an increase under section 7.1 until the landlord has given the required information package to the tenant.

Notice void

(3) A notice that a landlord gives in contravention of subsection (2) is void.

Existing tenants

(4) If a tenancy agreement between a landlord and a tenant of a rental unit in a care home is in effect on the ninetieth day following the day this subsection comes into force, the landlord shall give the tenant the required information package by that ninetieth day.

Notice void

(5) A notice of rent increase under section 7 or notice of an increase under section 7.1 that a landlord gives to a tenant of a rental unit in a care home on or before the ninetieth day following the day this subsection comes into force is void if, by that ninetieth day,

(a) no increase has been taken under the notice; and

(b) the landlord has not given the tenant the required information package. 1994, c. 2, s. 13, part.

Maximum Rent

Maximum rent

10. (1) Subject to subsections (3), (5), (7), (9), (11), (12) and (13), the maximum rent for a rental unit on a given date is the sum of,

(a) the maximum rent for that rental unit on the initial rent date, as determined under subsection (2); and

(b) all increases that were required or permitted to be added to it and all decreases that were required to be subtracted from it under this Act, the Residential Rent Regulation Act or the Residential Tenancies Act, being chapter 452 of the Revised Statutes of Ontario, 1980, during the period from the initial rent date to the given date. 1992, c. 11, s. 10 (1); 1994, c. 2, s. 14 (1).

Idem

(2) Subject to subsection (2.2), the maximum rent for a rental unit on the initial rent date for that rental unit, unless otherwise prescribed, is,

(a) the maximum rent under the Residential Rent Regulation Act if the initial rent date is before the day this section is proclaimed in force and if that Act applied to the rental unit; and

(b) the rent actually charged for that rental unit on the initial rent date, otherwise. 1992, c. 11, s. 10 (2); 1994, c. 2, s. 14 (2).

Application, care home

(2.1) Subsection (2.2) applies to a rental unit in a care home if the initial rent date of the rental unit is on or after November 23, 1993.

Rent allocation

(2.2) Unless the regulations made under this Act provide otherwise, the maximum rent for a rental unit described in subsection (2.1) on the initial rent date for that rental unit is the portion that is reasonably allocated to rent of the amounts actually charged for that rental unit and for the care services and meals provided to the tenants of that rental unit on the initial rent date. 1994, c. 2, s. 14 (3), part.

Continuing tenant

(3) On the day this section is proclaimed in force, the maximum rent for a rental unit to which subsection 2 (3) of the Residential Rent Regulation Act applied immediately before its repeal shall be deemed to be the greater of,

(a) the amount of rent that may be charged under the agreement referred to in that subsection on the day this section is proclaimed in force; and

(b) the maximum rent that would have applied if subsection 2 (3) of that Act had not applied.

Rental unit vacant for some time

(4) Subsection (5) applies to a rental unit that,

(a) was rented at any time on or after the 29th day of July, 1975;

(b) after being so rented was not rented for a period of time; and

Idem

(5) The maximum rent for a rental unit described in subsection (4) on the date the rental unit again becomes rented shall be the amount the landlord would have been entitled to charge if the unit had been rented during the period it was not rented and the landlord had given notice or notices of rent increase in the amount permitted under this Act, the Residential Rent Regulation Act, The Residential Premises Rent Review Act, 1975 (2nd Session) or Part XI of the Residential Tenancies Act, being chapter 452 of the Revised Statutes of Ontario, 1980.

Rental unit exempt for some time

(6) Subsection (7) applies to a rental unit,

(a) that was subject to rent regulation under a predecessor of this Act at any time on or after the 29th day of July, 1975;

(b) that was exempt from rent regulation on the day before this section is proclaimed in force; and

Idem

(7) The maximum rent for a rental unit described in subsection (6) on the date this Act first applies to it shall be deemed to be the rent actually charged for that rental unit on that date.

Idem

(8) Subsection (9) applies to a rental unit that became exempt from this Act after having been subject to it and that after being so exempt becomes subject to it again.

Idem

(9) The maximum rent for a rental unit described in subsection (8) on the date it becomes subject to this Act after having been exempt from it shall be deemed to be the rent actually charged for that rental unit on that date. 1992, c. 11, s. 10 (3-9).

Application, care home

(10) Subsection (11) applies to a rental unit in a care home if the rental unit was subject to rent regulation under this Act or the Residential Rent Regulation Act at any time on or after January 1, 1987.

Transitional

(11) The maximum rent for a rental unit in a care home described in subsection (10) on any day before November 23, 1993 is the maximum rent as determined under this Act as it read on that day.

Decrease for charges

(12) The maximum rent for a rental unit shall be reduced on November 23, 1993 by an amount equal to the portion of the maximum rent that represents a reasonable allocation for charges for care services and meals that were included in the maximum rent immediately before November 23, 1993 if,

(a) before November 23, 1993 an order had been made finding that any rental unit in the residential complex in which the rental unit is located was subject to rent regulation under this Act or a predecessor of this Act;

(b) the rental unit was subject to rent regulation under this Act on November 22, 1993; and

Increase for charges

(13) If a regulation made under this Act provides that charges to a tenant of a rental unit in a care home for any care services or meals are to be included in rent, the maximum rent for the rental unit shall be increased on the day the regulation comes into force by an amount determined in accordance with the regulation. 1994, c. 2, s. 14 (3), part.

Maximum increase without application

11. (1) No landlord shall increase the rent charged for a rental unit by more than the guideline unless,

(a) an order has been made in accordance with this Part; or

(b) the amount of the rent after the increase is applied is not higher than the maximum rent as of the date that the rent increase takes effect.

Idem

(2) The guideline shall not be applied to the capital components of the maximum rent. 1992, c. 11, s. 11.

Rent control guideline

12. (1) The Minister shall determine the rent control guideline in effect for each calendar year as follows:

1. Determine the rent control index taking into account the weights and the three year moving averages of the operating cost categories as set out in the prescribed Table.

2. The part of the guideline allocated to operating costs is equal to 55 per cent of the percentage increase in the rent control index, rounded to the nearest 1/10th of 1 per cent.

3. The part of the guideline allocated to capital expenditures is equal to 2 per cent.

4. The guideline is the sum of the part of the guideline allocated to operating costs and the part of the guideline allocated to capital expenditures.

Publication of guideline

(2) The Minister shall publish the rent control guideline for each year in The Ontario Gazette not later than the 31st day of August of the preceding year.

Guideline for 1992

(3) Despite subsection (2), the rent control guideline for all rental units for 1992 is the Residential Complex Cost Index for that year as published by the Minister under subsection 70 (2) of the Residential Rent Regulation Act. 1992, c. 11, s. 12.

Application for Increase Above Guideline

Application for increase above guideline

13. (1) A landlord may apply to a Chief Rent Officer for an order increasing the maximum rent for any or all of the rental units in a residential complex by more than the guideline.

Grounds for application

(2) An application under this section may be based on any one or more of the grounds set out in sections 14 to 18.

Idem

(3) A rent officer shall not consider a matter set out in section 14, 15, 16, 17 or 18 if it is not specifically set out as a ground in the application.

When application made

(4) An application under this section shall be made at least ninety days before the effective date of the first intended rent increase referred to in the application.

Idem

(5) A rent officer shall not consider an application under this section if,

(a) amounts have been ordered to be carried forward respecting all of the rental units in the residential complex in a previous order under section 21;

(b) the landlord may file a notice of intent under section 22 respecting those amounts;

(c) a notice of carry forward under that section would permit the landlord to increase the maximum rent for each rental unit by the sum of the guideline and 3 per cent; and

(d) the effective date of the rent increase for any rental unit under the notice of carry forward would be within the twelve-month period following the first effective date set out in the application under this section.

Idem

(6) No application shall be made under this section if the effective date for a rent increase for any rental unit in the application would be less than twelve months after the last rent increase for that rental unit.

All units considered

(7) In an application under this section, the rent officer shall determine the maximum rent and the date the maximum rent takes effect for all of the rental units during the twelve-month period following the effective date of the first rent increase applied for, even if those units are not the subject of tenancy agreements at the time of the application.

Matters to be considered

(8) Before making an order on an application under this section, the rent officer shall consider any one or more of the following:

1. Whether the previous maximum rent should be reduced because of an inadequate standard of maintenance or repair of the residential complex or of a rental unit in it.

2. Whether the previous maximum rent should be reduced because of a discontinuance or reduction in the services or facilities provided in respect of the residential complex or a rental unit in it.

3. Whether the amount of the increase should be decreased or the maximum rent reduced because of an extraordinary decrease in operating costs for municipal taxes, hydro, water or heating for the whole residential complex.

Consider increase

(9) If the rent officer decides that the amount of the increase should be decreased or the maximum rent reduced because of an extraordinary decrease in operating costs, the rent officer shall also consider any evidence provided by the landlord concerning an extraordinary increase in operating costs for municipal taxes, hydro, water or heating for the whole residential complex. 1992, c. 11, s. 13 (1-9).

Failure to file information

(10) A rent officer shall not make an order that increases the maximum rent for a rental unit in a residential complex if,

(a) the statement of rent information required under section 104 has not been filed, if the residential complex is not a care home;

(a.1) the statement of care home information required under section 104.1 has not been filed, if the residential complex is a care home; or

(b) the landlord has been required to file information under section 107 or 108 and has not done so. 1992, c. 11, s. 13 (10); 1994, c. 2, s. 15.

Extraordinary operating costs

14. (1) The landlord may base an application on an extraordinary increase in operating costs for municipal taxes, hydro, water or heating for the whole residential complex.

Where increase is extraordinary

(2) An increase in operating costs for municipal taxes, hydro, water or heating for the whole residential complex is extraordinary if the increase, expressed as a percentage, is at least 50 per cent more than the percentage set out in the corresponding operating cost category recognized in the Table referred to in subsection 12 (1) for that item.

Taxes not considered

(3) The rent officer shall not consider any portion of an increase in municipal taxes that results from non-compliance with a work order. 1992, c. 11, s. 14.

Eligible capital expenditure

15. (1) The landlord may base an application on eligible capital expenditures that the landlord has incurred respecting the residential complex or one or more rental units in it if the work was completed on or after the 6th day of June, 1991.

When capital expenditure is eligible

(2) Subject to subsection (3), a capital expenditure is eligible if,

(a) it is necessary to protect or restore the physical integrity of the residential complex or a rental unit in it;

(b) it is necessary to comply with municipal or provincial standards to protect the health or safety of persons or to protect the environment;

(c) it is necessary to maintain the provision of a plumbing, heating, mechanical, electrical, ventilation or air-conditioning system;

(d) it provides access for persons with disabilities; or

(e) it increases energy or water conservation.

When capital expenditure not eligible

(3) A capital expenditure is not eligible if,

(a) it became necessary as a result of neglect in maintaining the residential complex or a rental unit in it; or

(b) a system or thing that is replaced does not require replacement.

If advance determination

(4) If there is an advance determination under section 29 respecting a capital expenditure to which this section applies and the work done or thing purchased is substantially the same as that anticipated in the advance determination, the rent officer shall consider any difference between the actual amount expended and the amount approved in the advance determination according to the prescribed rules. 1992, c. 11, s. 15.

Transition, capital expenditure

16. (1) The landlord may base an application on a capital expenditure that the landlord has incurred respecting the residential complex or one or more rental units in it if the work was completed on or after the 1st day of January, 1990 and before the 6th day of June, 1991 and if,

(a) the expenditure was not claimed in an application made under section 73 of the Residential Rent Regulation Act; or

(b) the expenditure was claimed in an application made under the Residential Rent Regulation Act but no relief was available in respect of the capital expenditure because that Act no longer permitted such relief.

Idem

(2) This section does not apply in respect of a capital expenditure claimed on an application which resulted in an order in which partial relief for capital expenditures was granted under the Residential Rent Regulation Act because of subsection 82 (3.1) or 99.15 (6) of that Act.

Restriction

(3) An application under this section must be made on or before the day that is six months after the day this section is proclaimed in force.

Exception

(4) The rent officer shall not consider a capital expenditure under this section if it became necessary as a result of neglect in maintaining the residential complex or a rental unit in it. 1992, c. 11, s. 16.

Capital expenditure re rental unit, on consent

17. (1) The landlord may base an application on a specified capital expenditure that the landlord has incurred respecting a rental unit if the tenant of the rental unit consents in the prescribed form to the application in respect of this ground after being informed in writing by the landlord of the particulars applied for.

If advance determination

(2) If there is an advance determination under section 29 respecting a capital expenditure to which this section applies and the work done or thing purchased is substantially the same as that anticipated in the advance determination, the rent officer shall consider any difference between the actual amount expended and the amount approved in the advance determination according to the prescribed rules.

Idem

(3) If there is a finding in the advance determination that the tenant of the rental unit consented to the application for the advance determination, consent of the tenant to the application under this section is not required for the capital expenditures that are the subject of the advance determination even if there is a different tenant at the time of the application under this section. 1992, c. 11, s. 17.

New or additional services

18. (1) The landlord may base an application on the cost of new or additional services for a rental unit that the landlord is providing if the tenant of the rental unit consents in the prescribed form to the application in respect of this ground after being informed in writing by the landlord of the particulars applied for.

If advance determination

(2) If there is an advance determination under section 29 respecting a service to which this section applies and that service is substantially the same as that anticipated in the advance determination, the rent officer shall consider any difference between the actual amount expended and the amount approved in the advance determination according to the prescribed rules.

Idem

(3) If there is a finding in the advance determination that the tenant of the rental unit consented to the application for the advance determination, consent of the tenant to the application under this section is not required for the services that are the subject of the advance determination even if there is a different tenant at the time of the application under this section. 1992, c. 11, s. 18.

Rent chargeable before order

19. If an application is made under section 13 and the landlord has given a notice of intended rent increase as required, until an order setting the maximum rent for the rental unit takes effect, the landlord shall not charge or collect a rent that exceeds the lesser of,

(a) the amount that would be charged if the intended rent increase specified in the notice were applied; and

(b) the amount that would be charged if the maximum rent were increased by the amount obtained by applying the guideline to that part of the maximum rent that excludes all capital components. 1992, c. 11, s. 19.

Findings

20. (1) Before making an order on an application under section 13, the rent officer shall make findings in accordance with the prescribed rules,

(a) taking into account the matters the rent officer considers under paragraphs 1 and 2 of subsection 13 (8), to determine the previous maximum rent for each rental unit;

(b) to determine what guideline is to be applied to that previous maximum rent and what amount is to be obtained by applying that guideline;

(c) taking into account the matters the rent officer considers under paragraph 3 of subsection 13 (8), subsection 13 (9) and section 14, to determine whether an increase in the amount determined under clause (b) is justified and in what amount and whether a decrease of that increase or a reduction of the previous maximum rent is justified and in what amount;

(d) for any other ground on which the landlord bases the application, to determine whether an increase of the maximum rent is justified and in what amount;

(e) to determine the amount to be carried forward from a previous order under subsection 21 (8) if the effective date of the first rent increase under the previous order is twelve months before the effective date of the first intended rent increase under the application;

(f) to determine the amount to be carried forward from a previous order under subsection 21 (8) if,

(i) the effective date of the first rent increase under the previous order is twenty-four months before the effective date of the first intended rent increase under the application, and

(ii) an amount has been carried forward from the previous order in an order encompassing findings under this section or in a notice of carry forward;

(g) to determine the new maximum rent for each rental unit and the date on which it takes effect; and

(h) if part of the new maximum rent represents amounts respecting capital expenditures, to determine the total capital component of the maximum rent for each capital expenditure and the date on which the capital component respecting the expenditure is to be deducted from the maximum rent.

Guideline

(2) For the purposes of clause (1) (b), the guideline to be applied to the rental units is the guideline as of the first intended rent increase in the application.

Reduction of guideline

(3) The part of the guideline allocated to capital expenditures shall not be included in determining the maximum rents for any of the rental units in the residential complex if,

(a) a capital expenditure is claimed and allowed for the residential complex or a rental unit in it and that capital expenditure is claimed under section 15 or 16; or

(b) an amount to be carried forward is allowed for the residential complex or a rental unit in it and that amount relates to a capital expenditure originally claimed under section 15 or 16.

Idem

(4) The part of the guideline allocated to capital expenditures shall not be included in determining the maximum rent for a rental unit in the residential complex if subsection (3) does not apply and if,

(a) a capital expenditure is claimed and allowed for the rental unit and that capital expenditure is claimed under section 17; or

(b) an amount to be carried forward is allowed for the rental unit and that amount relates to a capital expenditure originally claimed under section 17.

Capital expenditures

(5) In determining the amount of an increase that is justified for a capital expenditure, the rent officer shall make findings with respect to the following matters and shall calculate the allowance for the capital expenditure according to the prescribed rules:

1. The amount of the capital expenditure.

2. Interest on the expenditure at the prescribed rates, regardless of whether the expenditure is financed by borrowing, by the landlord’s own funds or by both.

3. The value of the landlord’s own labour, if any, in carrying out the work involved in the capital expenditure.

4. The prescribed useful life of the work done or the thing purchased.

Reduction for capital expenditure previously allowed

(6) If a rent officer intends to permit an allowance for a capital expenditure for the replacement of an item that was allowed as a capital expenditure in a previous order made under a predecessor of this Act and if the capital expenditure was allowed in a previous order with a first effective date that is on or after the 1st day of August, 1985, the rent officer shall reduce the allowance for the capital expenditure by the allowance for the capital expenditure in the previous order.

Idem

(7) If a rent officer intends to permit an allowance for a capital expenditure for the replacement of an item that was allowed as a capital expenditure in a previous order made under this Act and if the period for the useful life set out in the previous order has not expired, the rent officer shall reduce the previous maximum rent by the capital component for the capital expenditure allowed in the previous order.

Capital component

(8) The rent officer shall determine the capital component of the maximum rent for each capital expenditure for which an amount is included in the maximum rent as follows:

1. If there is a finding in respect of a capital expenditure under clause (1) (d), the capital component for that capital expenditure is the prescribed part of the allowance respecting the capital expenditure.

2. If there is a finding in respect of the carry forward of an allowance for a capital expenditure under clause (1) (e) or (f), the capital component for that capital expenditure is the sum of,

i. the capital component for that capital expenditure from the most recent order or notice of carry forward referring to that capital expenditure, and

ii. the prescribed part of the allowance respecting the carry forward.

3. The capital component for a capital expenditure is its capital component from the most recent finding under clause (1) (h) or determination under clause 22 (3) (d) if,

i. there was a previous finding or determination in respect of the capital component, and

ii. there is no new finding in respect of the capital component referring to the capital expenditure to which the capital component relates.

Transitional

(9) Despite subsection (2), if the date of the first intended rent increase in the application is before the 1st day of January, 1993, the guideline to be applied to the rental units for the purposes of clause (1) (b) is the guideline in effect for the 1993 calendar year. 1992, c. 11, s. 20.

Order

21. (1) On an application under section 13, a rent officer shall order the amount of maximum rent for each rental unit in the residential complex and the date on which that maximum rent takes effect.

Cap on maximum rent

(2) The rent officer shall not order a maximum rent in an amount that increases the previous maximum rent by more than the amount obtained by applying the guideline plus 3 per cent to that part of the maximum rent that excludes all capital components.

Decrease permitted

(3) The rent officer may order maximum rent in an amount that is less than the previous maximum rent.

No increase above application

(4) The rent officer shall not order a maximum rent for a rental unit in an amount that is greater than that proposed for the rental unit on a landlord’s application.

Capital component

(5) The rent officer shall set out in the order,

(a) for the residential complex, the allowance for each capital expenditure found on the application and the total amount of all new capital components and all capital components increased by the order for all rental units for each capital expenditure and the useful life of the work done or the thing purchased;

(b) for each rental unit, the total amount of all capital components included in the maximum rent.

Idem

(6) The findings under clause 20 (1) (h) shall be deemed to form part of the order even if they are not set out in the order or the reasons.

Idem

(7) If a party to an application requests a copy of findings under clause 20 (1) (h), the Chief Rent Officer shall provide a copy of those findings to the party without charge, despite section 132.

Carry forward

(8) If the rent officer’s findings respecting a rental unit would justify an increase of more than the amount allowed under subsection (2) or (4), the rent officer may provide in the order,

(a) that the amount in respect of capital expenditures which has not been previously carried forward may be carried forward for a period of twelve months or twenty-four months from the effective date of the first rent increase in the residential complex under the order; and

(b) that the remaining amount in respect of capital expenditures which has been previously carried forward may be carried forward for the balance of the period established for that amount in the order that first provided for the carry forward.

Order for payment of money

(9) The rent officer may order the landlord or tenant to pay to the other any sum of money that is owed to the other as a result of the rent officer’s order.

Payment of order by instalments

(10) The rent officer may provide in an order made three months or more after the effective date of the first rent increase in a residential complex that if a tenant owes any sum of money to the landlord as a result of the order, the tenant may pay the landlord the amount owing either in twelve equal monthly instalments or in a lump sum.

Idem

(11) If the order permits the tenant to pay the amount owing by instalments, the tenant may do so even if the tenancy is terminated.

Adjust previous order

(12) When making an order under this section, the rent officer shall, in the prescribed manner, adjust the maximum rent for a rental unit set out in a previous order under this Act or the Residential Rent Regulation Act if,

(a) the order under this section includes a finding of a discontinuance or reduction in the services or facilities provided in respect of a rental unit;

(b) the first effective date of a rent increase under the previous order was before the day that the discontinuance or reduction is found to have first occurred with respect to that rental unit; and

(c) the maximum rent for the rental unit was determined in the previous order to come into effect after the day that the discontinuance or reduction is found to have first occurred with respect to that rental unit.

Adjust previous notice

(13) When making an order under this section, the rent officer shall, in the prescribed manner, adjust the maximum rent for a rental unit as determined in a previous notice of carry forward under this Act or notice of phase in under the Residential Rent Regulation Act if,

(a) the order under this section includes a finding of a discontinuance or reduction in the services or facilities provided in respect of a rental unit; and

(b) the maximum rent for the rental unit was determined in the notice to come into effect after the day that the discontinuance or reduction is found to have first occurred with respect to that rental unit.

Idem

(14) Despite subsections (12) and (13), a landlord is not guilty of an offence under this Act if, before the maximum rent is adjusted, the landlord has charged rent in an amount that is greater than that permitted under this Act as a result of the adjustment. 1992, c. 11, s. 21.

Capital Carry Forward without Application

Increase by amount carried forward

22. (1) The maximum rent for a rental unit shall be increased by more than the guideline in accordance with this section if a notice of carry forward issued under this section authorizes the increase.

Notice of intent

(2) A landlord who wishes to have a notice of carry forward issued shall file with a Chief Rent Officer a notice of intent at least 120 days before the day that is,

(a) twelve months after the effective date of the first rent increase set out in the order that permitted the carry forward; or

(b) twenty-four months after the effective date of the first rent increase set out in the order that permitted the carry forward if,

(i) a subsequent order under section 21 provided for a further carry forward under this clause, or

(ii) a notice of carry forward under this section has previously been issued respecting part of the amount to be carried forward.

Findings

(3) A rent officer shall determine in accordance with the prescribed rules for each rental unit in the residential complex,

(a) what guideline is to be applied to the rental unit;

(b) the amount that is justified by the carry forward;

(d) the total amount of each capital component included in the maximum rent and the date on which that capital component is to be deducted from the maximum rent.

Capital component

(4) The rent officer shall determine the capital component of the maximum rent for each capital expenditure for which an amount is included in the maximum rent as follows:

1. If an amount is justified in respect of the carry forward of an allowance for a capital expenditure under clause (3) (b), the capital component for that capital expenditure is the sum of,

i. the capital component for that capital expenditure from the most recent order or notice of carry forward referring to that capital expenditure, and

ii. the prescribed part of the amount justified respecting the carry forward.

2. The capital component for a capital expenditure is its capital component from the most recent finding under clause 20 (1) (h) or determination under clause (3) (d) if,

i. there was a previous finding or determination in respect of the capital component, and

ii. there is no new finding in respect of the capital component referring to the capital expenditure to which the capital component relates.

Guideline

(5) For the purposes of clause (3) (a), the guideline to be applied to the rental units is the guideline as of the first or second anniversary, as the case may be, of the effective date of the first rent increase in the residential complex set out in the order permitting the carry forward.

Idem

(6) The part of the guideline allocated to capital expenditures shall not be included in determining the maximum rents under clause (3) (c) for any of the rental units in the residential complex if the amount carried forward relates to a capital expenditure originally claimed under section 15 or 16.

Idem

(7) The part of the guideline allocated to capital expenditures shall not be included in determining the maximum rent under clause (3) (c) for a rental unit in a residential complex if subsection (6) does not apply and if the amount carried forward relates to a capital expenditure originally claimed under section 17.

Cap on maximum rent

(8) The rent officer shall not determine an amount of maximum rent under subsection (3) that increases the previous maximum rent by more than the amount obtained by applying the guideline plus 3 per cent to that part of the maximum rent that excludes all capital components.

Notice of carry forward

(9) Subject to subsection (14), after a landlord has filed a notice of intent and a rent officer has made the determinations under subsection (3), the rent officer shall issue a notice of carry forward to the landlord and to all of the tenants setting out the maximum rent for each rental unit and the date the maximum rent takes effect.

Capital component

(10) The rent officer shall set out in the notice,

(a) for the residential complex, the total amount of all new capital components and all capital components increased by the notice for all rental units for each capital expenditure and the useful life of the work done or the thing purchased;

(b) for each rental unit, the total amount of all capital components included in the maximum rent.

Idem

(11) The determination under clause (3) (d) shall be deemed to form part of the notice even if it is not set out in it.

Idem

(12) If a landlord or tenant who received a copy of a notice of carry forward requests a copy of the determination under clause (3) (d), the Chief Rent Officer shall provide it to that person without charge, despite section 132.

Exception

(13) If the amount the landlord intends to carry forward for a rental unit under subsection (2) is less than the reduction that would be taken under subsection (6) for that rental unit, the rent increase set out in the notice of carry forward shall be the guideline amount as set out in subsection (5).

Idem

(14) If the amount the landlord intends to carry forward for each of the rental units under subsection (2) is less than the reduction that would be taken under subsection (6) for that rental unit, the rent officer shall notify the landlord that a notice of carry forward will not be issued respecting any of those rental units and that the landlord may make an application under section 13 respecting any of them.

No application

(15) If a notice of intent has been filed respecting a residential complex, the landlord shall not make an application under section 13 seeking a rent increase for a rental unit that would have an effective date within the twelve-month period following the first effective date set out in the notice of intent unless a rent officer notifies the landlord under subsection (14) that a notice of carry forward will not be issued.

Application withdrawn

(16) If a landlord files a notice of intent, an application previously made under section 13 shall be deemed to be withdrawn if it seeks a rent increase for a rental unit that would have an effective date within the twelve-month period following the first effective date set out in the notice of intent. 1992, c. 11, s. 22.

Application to Reduce Rent

Application to reduce rent

23. (1) A tenant of a rental unit in a residential complex may apply to a Chief Rent Officer for an order reducing the rent for the rental unit.

Idem

(2) An application under this section may be based on any one or more of the grounds set out in sections 24 to 26.

Parties to be added

(3) If a rent officer believes that the rents of one or more rental units in the residential complex would be directly affected by the issues raised in an application under this section, the rent officer shall add the tenants of those rental units as parties to the application.

All units considered

(4) In the application, the rent officer determining the matter shall determine the rents that may be charged or the maximum rent for the rental units referred to in subsections (1) and (3).

Former tenant

(5) A person may make an application under this section as a tenant of a rental unit based on a discontinuance or reduction in services and facilities if the person was a tenant of that rental unit and was affected by the discontinuance or reduction of the services and facilities even if the person is no longer a tenant of that rental unit at the time of the application. 1992, c. 11, s. 23.

Operating costs

24. (1) The tenant may base an application on an extraordinary decrease in operating costs for municipal taxes, hydro, water or heating for the whole residential complex.

Where decrease is extraordinary

(2) A decrease in operating costs for municipal taxes, hydro, water or heating for the whole residential complex is extraordinary if the decrease, expressed as a percentage, is at least 50 per cent less than the percentage set out in the corresponding operating cost category recognized in the Table referred to in subsection 12 (1) for that item.

Consider increase

(3) Before making an order on an application under this section, the rent officer shall consider any evidence provided by the landlord concerning an extraordinary increase in operating costs for municipal taxes, hydro, water or heating for the whole residential complex. 1992, c. 11, s. 24.

Inadequate maintenance

25. The tenant may base an application on whether the standard of maintenance or repair of the rental unit or of the whole residential complex is inadequate. 1992, c. 11, s. 25.

Reduced services

26. The tenant may base an application on any discontinuance or reduction in the services and facilities provided in respect of the rental unit or of the whole residential complex. 1992, c. 11, s. 26.

Findings

27. Before making an order on an application under section 23, the rent officer shall make findings according to the prescribed rules for each rental unit affected by the order,

(a) to determine which of the grounds the tenant relies on in the application apply to the rental unit; and

(b) for each such ground to determine whether a reduction of the rent charged or of maximum rent is justified and in what amount. 1992, c. 11, s. 27.

Order

28. (1) On an application under section 23, a rent officer may do any or all of the following, according to the prescribed rules:

1. Order that the maximum rent for the rental unit be reduced by a specified amount.

2. Order that the amount of rent charged for the rental unit be reduced by a specified amount for a specified period of time.

3. Order that the amount of rent charged for the rental unit shall not be increased for a specified period of time.

When effective

(2) An order under this section is effective,

(a) in respect of a discontinuance or reduction in services and facilities, as of the day that discontinuance or reduction first occurs; and

(b) otherwise, as of the day named in the order, which day shall not be before the date the application was filed or after the date of the order.

Idem

(3) Subsection (2) applies even if the effective date of the first rent increase set out in a previous notice of carry forward under this Act or notice of phase in under the Residential Rent Regulation Act that determined the maximum rent for a rental unit was after the day on which an order under this section is effective for that rental unit under subsection (2).

No order

(4) If the effective date of the first rent increase set out in a previous order under this Act or the Residential Rent Regulation Act that determined the maximum rent for a rental unit was after the day on which an order under this section would be effective for that rental unit under subsection (2), no order granting relief shall be made under this section.

Adjust previous order

(5) When making an order under this section, the rent officer shall, in the prescribed manner, adjust the maximum rent for a rental unit set out in a previous order if the maximum rent for the rental unit was determined in the previous order to come into effect after the day the order under this section is to be effective for that rental unit.

Adjust previous notice

(6) When making an order under this section, the rent officer shall, in the prescribed manner, adjust the maximum rent for a rental unit as determined in a previous notice of carry forward under this Act or notice of phase in under the Residential Rent Regulation Act if the maximum rent for the rental unit was determined in the notice to come into effect after the day the order under this section is to be effective for that rental unit.

Idem

(7) Despite subsections (5) and (6), a landlord is not guilty of an offence under this Act if, before the maximum rent is adjusted, the landlord has charged rent in an amount that is greater than that permitted under this Act as a result of the adjustment.

Order for payment of money

(8) The rent officer may order the landlord to pay to the tenant any sum of money that is owed to the tenant as a result of the rent officer’s order.

Order under s. 30

(9) If an order under this section is effective as of a date before the date it is made and if, as a result, a tenant has paid rent in excess of that permitted by the order, section 30 applies to that excess rent and the rent officer’s order under this section may contain any terms that could be made in an order under that section as if an application under that section had been made and joined with the application under section 23.

No order to be made

(10) A rent officer shall not make an order under this section respecting a rental unit if an order has been made under section 94 of the Landlord and Tenant Act and compliance with that order would afford an adequate remedy to the tenant of the rental unit. 1992, c. 11, s. 28.

Advance Determination

Advance determination

29. (1) Before making a capital expenditure or providing a new or additional service in respect of a residential complex or a rental unit in it, the landlord may apply to a Chief Rent Officer for an advance determination under this section.

Findings

(2) Before making an order on the application, the rent officer shall make findings in accordance with the prescribed rules for each rental unit affected by the order,

(a) to determine whether a proposed expenditure is an eligible capital expenditure;

(b) if a proposed expenditure or service is in respect of a rental unit, to determine if the tenant of the rental unit has consented to it;

(c) to determine the amount that will be allowed in respect of the expenditure or service in an application made under section 13;

(d) to determine any other prescribed matter.

Order

(3) The rent officer shall make an order based on the findings. 1992, c. 11, s. 29.

Payment of Illegal Rent

Tenant not liable to pay illegal rent

30. (1) No tenant is liable to pay any rent in excess of that permitted to be charged under this Act.

Application re illegal rent

(2) A tenant may apply to a Chief Rent Officer for an order determining that a landlord has charged the tenant an amount of rent that is in excess of that permitted by this Act, the Residential Rent Regulation Act, Part XI of the Residential Tenancies Act, being chapter 452 of the Revised Statutes of Ontario, 1980, or The Residential Premises Rent Review Act, 1975 (2nd Session).

Findings and order

(3) On an application under subsection (2), a rent officer shall determine, in accordance with the prescribed rules, whether the landlord has charged the tenant an amount of rent that is in excess of that permitted by this Act, the Residential Rent Regulation Act, Part XI of the Residential Tenancies Act, being chapter 452 of the Revised Statutes of Ontario, 1980, or The Residential Premises Rent Review Act, 1975 (2nd Session) and shall by order declare,

(a) the maximum rent for the rental unit concerned and the earliest date the maximum rent took effect or takes effect;

(b) the rent that may be charged, if that is less than the maximum rent, the earliest date on which that rent took effect or takes effect and the period it is to be in effect; and

(c) the amount, if any, of excess rent paid by the tenant to a landlord that the landlord owes to the tenant, if that amount is equal to or less than the monetary jurisdiction of the Small Claims Court.

Idem

(4) If the amount of excess rent owing is equal to or less than the monetary jurisdiction of the Small Claims Court, the rent officer shall also order the landlord to pay the excess rent owing to the tenant plus any interest on that amount.

Idem

(5) If the amount of excess rent owing is more than the monetary jurisdiction of the Small Claims Court,

(a) the tenant may, by notice in writing in the prescribed form filed with the rent officer, abandon the excess over the monetary jurisdiction of the Small Claims Court and seek an order for payment; or

(b) the tenant may commence a proceeding in any court of competent jurisdiction for an order requiring the landlord to pay the full amount owed.

Idem

(6) If the tenant seeks an order under clause (5) (a), the rent officer may make an order for the landlord to pay to the tenant an amount equal to the monetary jurisdiction of the Small Claims Court plus any interest on that amount and all rights of the tenant in excess of that amount are extinguished.

Idem

(7) If the tenant commences a proceeding under clause (5) (b), the court may exercise any powers that the rent officer could have exercised had the proceeding been before the rent officer and within his or her jurisdiction.

Order to deduct from rent

(8) If the landlord who made the illegal charge is the tenant’s landlord at the time of the order, the order may provide that if the landlord fails to pay the amount owing under the order, the tenant may recover that amount plus interest as may be directed in the order by deducting a specified sum from the tenant’s rent paid to the landlord for a specified number of rent payment periods.

Idem

(9) Nothing in subsection (8) limits the right of the tenant to collect at any time the full amount owing or any balance outstanding under the order.

Interest

(10) Interest shall be ordered at the rate set for postjudgment interest under the Courts of Justice Act, and the interest payable shall be calculated in accordance with the prescribed rules.

Small Claims Court jurisdiction

(11) In any area in which the monetary jurisdiction of the Small Claims Court is less than $5,000, a reference in this section to the monetary jurisdiction of the Small Claims Court shall be deemed to be a reference to $5,000.

Limitation

(12) No order shall be made for any money paid more than six years before the filing date of the tenant’s application under this section.

Who may make application

(13) A person may make an application under this section as a tenant of a rental unit if the person was a tenant of that rental unit at the time the conduct giving rise to the application occurred even if the person is no longer a tenant of that rental unit at the time of the application.

Subtenant

(14) If a tenant of a rental unit sublets it or attempts to sublet it to another person, this section applies with necessary modifications to the tenant and the other person as if the tenant were a landlord and the other person were a tenant. 1992, c. 11, s. 30.

Illegal Additional Charges

Additional charges prohibited

31. (1) No landlord shall, directly or indirectly, in respect of any rental unit,

(a) collect or require or attempt to collect or require from a tenant or prospective tenant of the rental unit any consideration, fee, premium, commission, bonus, penalty, key deposit or other like amount of money whether or not the money is refundable;

(b) require or attempt to require a tenant or prospective tenant to pay any consideration for goods or services as a condition for granting the tenancy or continuing to permit occupancy of a rental unit if that consideration is in addition to the rent the tenant is lawfully required to pay to the landlord;

(b.1) collect or require or attempt to collect or require an increase in charges for providing a care service or meals to a tenant of a rental unit in a care home, if the notice required by section 7.1 or the information package required by section 9.1 has not been given to the tenant; or

(c) rent any portion of the rental unit for a rent which, together with all other rents payable for all other portions of the rental unit, is a sum that is greater than the rent the landlord lawfully may charge for the rental unit. 1992, c. 11, s. 31 (1); 1994, c. 2, s. 16 (1).

Exception

(1.1) Subject to the regulations made under this Act, nothing in clauses (1) (a), (b) and (c) limits the right of a landlord to charge a tenant of a rental unit in a care home for providing care services or meals to the tenant. 1994, c. 2, s. 16 (2).

Prohibition

(2) No superintendent, property manager or other person who acts on behalf of a landlord in respect of a rental unit shall, directly or indirectly, with or without the authority of the landlord, do any of the things mentioned in clause (1) (a), (b), (b.1) or (c) in respect of that rental unit. 1992, c. 11, s. 31 (2); 1994, c. 2, s. 16 (3).

Idem

(3) No tenant and no person acting on behalf of the tenant shall, directly or indirectly,

(a) sublet a rental unit for a rent that is greater than the rent that is lawfully charged by the landlord for the rental unit;

(b) sublet any portion of the rental unit for a rent which, together with all other rents payable for all other portions of the rental unit, is a sum that is greater than the rent that is lawfully charged by the landlord for the rental unit;

(c) collect or require or attempt to collect or require from any tenant or prospective tenant any consideration, fee, premium, commission, bonus, penalty, key deposit or other like amount of money, for subletting a rental unit or any portion of it, for assigning a tenancy agreement for a rental unit, for surrendering occupancy of a rental unit or for otherwise parting with possession of a rental unit; or

(d) require or attempt to require a prospective subtenant, assignee or occupant to pay any consideration for goods or services as a condition for the sublet, assignment or surrender of occupancy or possession or for otherwise parting with possession, in addition to the rent the subtenant, assignee or occupant is lawfully required to pay to the tenant or landlord. 1992, c. 11, s. 31 (3).

Exception

(4) Subject to the regulations made under this Act, nothing in subsection (3) limits the right of a tenant or a person acting on behalf of a tenant to charge a tenant of a rental unit in a care home for providing care services or meals to the tenant. 1994, c. 2, s. 16 (4).

Application re illegal charges

32. (1) A person may apply to a Chief Rent Officer for an order determining that a person has collected money from that person if the collection is prohibited by clause 31 (1) (a), (1) (b), (1) (b.1), (3) (c) or (3) (d) of this Act or section 99 of the Residential Rent Regulation Act. 1992, c. 11, s. 32 (1); 1994, c. 2, s. 17.

Findings and order

(2) On an application under subsection (1), a rent officer shall,

(a) make findings on the issue in dispute; and

(b) by order declare the amount, if any, of money that the person owes to the tenant, if that amount is equal to or less than the monetary jurisdiction of the Small Claims Court.

Application of s. 30

(3) Subsections 30 (4) to (12) apply to this section with necessary modifications as if the amount owed were the excess rent and the person ordered to pay were the landlord. 1992, c. 11, s. 32 (2, 3).

Determination of Issues

Application to determine issues

33. (1) A landlord, a tenant or the Director may apply to a Chief Rent Officer for an order determining,

(a) whether this Act applies to a particular rental unit or residential complex;

(b) what rental units, common areas, services and facilities are included in a particular residential complex;

(d) whether an agreement referred to in subsection 46 (1) has been entered into as a result of coercion or because of a false, incomplete or misleading representation by the landlord or an agent of the landlord; and

(e) any other prescribed matter. 1992, c. 11, s. 33 (1).

Idem

(2) A landlord, a tenant or the Registrar may apply to a Chief Rent Officer for an order determining,

(a) whether any change of information that is necessary to determine the accuracy and currency of the rent registry has not been filed with the Registrar under section 107;

(b) whether any information filed by a landlord under Part III is correct and complete;

(d) whether any information or determination in a notice of rent information of the Registrar is correct and complete;

(e) whether a decrease in maximum rent calculated under section 113 is accurate;

(f) whether the amount of the decrease of the maximum rent calculated under section 113 should be changed as a result of an appeal of the change in assessment on which it is based;

(f.1) whether the residential complex is a care home;

(f.2) the number of persons that the rental unit is intended to accommodate on the initial rent date or such other date as is prescribed; and

(g) any other prescribed matter. 1992, c. 11, s. 33 (2); 1994, c. 2, s. 18.

Order

(3) On the application, the rent officer shall make findings on the issue put before him or her in accordance with the prescribed rules and shall make the appropriate order. 1992, c. 11, s. 33 (3).

Compliance with Standards

Director to receive files and orders

34. Upon the coming into force of this section, the Director shall receive from the Residential Rental Standards Board,

(a) all outstanding orders that it has received under clause 15 (1) (e) of the Residential Rent Regulation Act;

(b) all outstanding reports and orders issued under sections 15 and 16 of that Act; and

(c) all of its files containing information about complaints or investigations relating to possible violations of minimum maintenance standards adopted by the Standards Board under that Act. 1992, c. 11, s. 34.

Director to receive work orders

35. (1) Subject to subsection (2), the Director shall receive a copy of any order relating to a residential complex or a rental unit in it or any notice of appeal or decision on an appeal from such an order if the order is,

(a) issued by a property standards officer under a by-law passed under section 31 of the Planning Act or passed under any special Act respecting standards for maintenance and occupancy that is in force in a municipality; or

(b) made under any general or special Act, or any by-law passed under such an Act, respecting standards relating to the health or safety of occupants of buildings or structures.

Idem

(2) The Director shall receive an order under subsection (1) only if,

(a) the period for compliance with the order has expired or, if the order has been stayed, the period for compliance with it would have expired had the order not been stayed;

(b) the order has not been complied with; and

Municipality to forward work orders

(3) The Council of a municipality shall forward to the Director any order of the municipality or notice of appeal referred to in subsections (1) and (2) as soon as practicable and no later than the last day of the calendar month following the month in which the period for compliance with the order has expired.

Idem

(4) The Council of a municipality shall forward to the Director any decision on appeal of an order referred to in subsection (3) as soon as practicable and no later than the last day of the calendar month following the month in which the decision was issued. 1992, c. 11, s. 35.

Application of prescribed standards

36. (1) The prescribed maintenance standards apply to residential complexes and the rental units located in them if the residential complexes are located in the prescribed areas.

Director to receive complaints

(2) The Director shall receive any written complaint from a current tenant of a rental unit respecting the standard of maintenance that prevails in respect of the rental unit or the residential complex in which it is located, if the prescribed maintenance standards are in force in the area in which the residential complex is located.

Director to investigate complaints

(3) Upon receiving a complaint respecting a residential complex or a rental unit in it, the Director shall cause an inspector to make whatever inspection the Director considers necessary to determine whether the landlord has complied with the prescribed maintenance standards. 1992, c. 11, s. 36.

Inspector’s work order

37. (1) If an inspector is satisfied that the landlord of a residential complex has not complied with a prescribed maintenance standard that applies to the residential complex, the inspector may make and give to the landlord a work order requiring the landlord to comply with the prescribed maintenance standard.

Idem

(2) The inspector shall set out in the order,

(a) the municipal address or legal description of the residential complex;

(b) reasonable particulars of the work to be performed;

(d) the time limited for applying under subsection (3) to a Chief Rent Officer for a review of the work order.

Application for review

(3) If a landlord who has received an inspector’s work order is not satisfied with its terms, the landlord may, within fifteen days of the giving of the order, apply to a Chief Rent Officer for a review of the work order.

Stay of order

(4) An application under subsection (3) operates as a stay of the inspector’s work order unless a rent officer orders otherwise.

Order

(5) On an application under subsection (3), a rent officer shall, by order,

(a) confirm or vary the inspector’s work order;

(b) rescind the work order, if he or she finds that the landlord has complied with it;

(d) dismiss the landlord’s application. 1992, c. 11, s. 37.

Order prohibiting rent increase

38. (1) The Director shall issue an order prohibiting a rent increase respecting a residential complex or a rental unit in it if,

(a) the Director has received a work order under section 34, the period for compliance with it has expired and the Minister has not commenced a motion under the Residential Rent Regulation Act in respect of that work order;

(b) the Director has received a work order under section 35; or

Idem

(2) The order shall provide that while it is in effect,

(a) the rent charged for the residential complex or the rental unit, as the case may be, shall not be increased;

(b) if a notice of rent increase respecting a rental unit affected by the non-compliance with the work order was given before the order prohibiting a rent increase takes effect and no increase has been taken under that notice, the notice is void; and

Effective date

(3) Subject to section 39, the order is effective thirty days after it is issued.

Contents of order

(4) The order shall contain,

(a) the municipal address or legal description of the rental unit or residential complex affected;

(b) reasonable particulars of the work order that is the subject of the order prohibiting the rent increase; and

(c) the fact that the order prohibiting the rent increase is effective thirty days after it is issued unless it is stayed or rescinded before that time. 1992, c. 11, s. 38.

Order stayed

39. (1) The Director shall stay an order prohibiting a rent increase if he or she is advised before the order is issued that an appeal of the work order that is the subject of the order prohibiting a rent increase has been filed.

Effect of staying

(2) If an order prohibiting a rent increase respecting a residential complex or a rental unit in it has been stayed, the landlord may increase the rent charged for any affected rental unit or give a notice of rent increase respecting any affected rental unit in accordance with this Act.

Stay lifted

(3) The Director shall lift a stay of an order prohibiting a rent increase if the appeal of the work order is withdrawn or discontinued or if,

(a) the Director receives the decision of the appeal of the work order that is the subject of the order prohibiting the rent increase;

(b) the appeal decision confirms the work order, changes its terms or changes the time for complying with it;

(c) all avenues of further appeal are exhausted or the Director does not receive a notice of appeal within fifteen days after the date the appeal decision is issued; and

(d) if the appeal decision changes the time for complying with the work order, the new time period has expired.

Amendment

(4) If the appeal decision changes the terms of the work order, the Director may amend the order prohibiting the rent increase to reflect that change.

Effective date

(5) If the appeal decision changes the time for complying with the work order to a period that expires more than thirty days after the order prohibiting a rent increase was issued and the Director lifts the stay of the order prohibiting a rent increase, for the purposes of subsection (6), the order prohibiting a rent increase shall be deemed to be effective on the day the Director lifts the stay and not as provided in clause (6) (a).

When stay lifted

(6) If the Director lifts the stay of an order prohibiting a rent increase,

(a) the order shall be deemed to have been effective as of the day that is thirty days after it was issued;

(b) any notice of rent increase respecting an affected rental unit issued during the period that the order would have been effective but for the stay shall be deemed to be void; and

(c) any increase in the rent charged for an affected rental unit that took effect during the period that the order would have been effective but for the stay shall be deemed to be rent charged in excess of that permitted to be charged.

No offence

(7) Subsection (6) does not operate to make a landlord who increased the rent charged for a rental unit in accordance with subsection (2) guilty of an offence. 1992, c. 11, s. 39.

Rescission of order

40. (1) The Director shall issue a notice rescinding an order prohibiting a rent increase if,

(a) he or she receives notice from the issuer within thirty days after the day the order prohibiting the rent increase is issued and that notice states that the work order was lifted before the day the order prohibiting the rent increase came into effect;

(b) he or she receives a decision on an appeal of a work order that is the subject of the order prohibiting a rent increase and the decision quashes or rescinds the work order; or

(c) he or she is satisfied within thirty days after the day the order prohibiting the rent increase is issued that there is a clerical error in it and that if the order is not rescinded a person will be unfairly prejudiced because of the clerical error.

Idem

(2) The Director may issue a new order prohibiting a rent increase if he or she rescinds an order because of a clerical error and the period for compliance with the work order has expired. 1992, c. 11, s. 40.

Withdrawal of order

41. (1) The Director shall issue a notice withdrawing an order prohibiting a rent increase if he or she receives notice from the issuer after it comes into effect and that notice states that the work order was lifted.

Idem

(2) A notice under this section shall provide that the order is of no further effect as of the date the notice is issued.

Effect of notice

(3) A landlord who receives a notice withdrawing an order under this section may issue a notice of rent increase and increase rent in accordance with this Act any time after the notice is issued. 1992, c. 11, s. 41.

Inspection required

42. (1) On the written request of a landlord, the Director shall cause an inspector to make whatever inspection the Director considers necessary to determine whether a work order that was issued under section 37 of this Act or under the Residential Rent Regulation Act has been complied with.

Notice to Director

(2) If the inspector determines that the work order has been complied with, the inspector shall lift the work order and, if the Director has issued an order prohibiting a rent increase because of it, shall notify the Director in writing that the work order has been lifted. 1992, c. 11, s. 42.

Failure to File Information

Registrar’s application

43. (1) The Registrar may apply to a Chief Rent Officer for an order described in subsection (2) or (2.1) for failure to file information under section 104, 104.1, 107 or 108. 1994, c. 2, s. 19 (1).

Order

(2) If a rent officer finds that information required to be filed under section 104, 107 or 108 has not been filed, the rent officer may by order provide that,

(a) if any notice of rent increase respecting a rental unit in the residential complex was given before the order is issued and no increase has been taken under that notice, the notice is void;

(b) no notice of rent increase shall be given respecting a rental unit in the residential complex; and

Same, care home

(2.1) If a rent officer finds that information required to be filed under section 104.1, 107 or 108 has not been filed, the rent officer may by order provide that,

(a) if any notice of rent increase respecting a rental unit in the care home or any notice of increase in a charge for providing a care service or meals to a tenant of a rental unit in the care home was given before the order is issued and no increase has been taken under that notice, the notice is void;

(b) no notice of rent increase shall be given respecting a rental unit in the care home;

(c) no notice of increase in a charge for providing a care service or meals to a tenant of a rental unit in the care home shall be given;

(d) the rent charged for a rental unit in the care home shall not be increased; and

(e) no charge for providing a care service or meals to a tenant of a rental unit in the care home shall be increased. 1994, c. 2, s. 19 (2).

Expiry date

(3) The rent officer may provide a date in the order on which it is to expire.

Contents of order

(4) The order shall contain the municipal address or legal description of the rental unit or residential complex affected and reasonable particulars of the information to be filed. 1992, c. 11, s. 43 (3, 4).

Notice of withdrawal

(5) If the landlord files the information that is required, the Registrar shall notify the landlord and the tenants that the order is withdrawn and of no further effect.

Effect of notice

(6) A landlord who receives a notice withdrawing an order may, at any time after the notice is issued, do one or both of the following:

1. Issue a notice of rent increase and increase the rent in accordance with this Act.

2. Issue a notice to increase charges for providing a care service or meals to a tenant of a rental unit in a care home and increase those charges in accordance with this Act. 1994, c. 2, s. 19 (3).

Application for withdrawal

44. (1) A landlord may at any time apply to a Chief Rent Officer for an order withdrawing an order made under subsection 43 (2). 1994, c. 2, s. 20.

Order

(2) On an application under this section, the rent officer may order that the order be withdrawn if he or she is satisfied that the landlord has filed the information required. 1992, c. 11, s. 44 (2).

Separate Charges

Definitions

45. (1) In this section,

“basic unit rent” means the amount obtained when all separate charges are subtracted from the rent; (“loyer de base du logement”)

“separate charges” means that part of the rent that a landlord charges separately for any service, facility, privilege, accommodation or thing that the landlord provides for the tenant in respect of the tenant’s occupancy of the rental unit. (“charges distinctes”)

Elements of maximum rent set out separately

(2) In an order in which a rent officer sets out or declares the maximum rent for a rental unit, he or she may separately set out or declare the maximum basic unit rent and the maximum separate charges.

Exception

(3) Despite subsection (2), the rent officer shall not set out capital components as separate charges.

Equalization of separate charges

(4) In an order in which a rent officer sets out or declares the maximum rent for a rental unit, he or she may provide for the immediate equalization of separate charges for parking spaces or other prescribed separate charges. 1992, c. 11, s. 45.

Adding or discontinuing services, etc.

46. (1) The maximum rent which may be charged for a rental unit shall be increased or decreased in the prescribed manner if the landlord and tenant agree that the landlord will provide or discontinue the provision of any of the following in respect of the tenant’s occupancy of the rental unit:

1. A parking space.

2. A service, facility, privilege, accommodation or thing as may be prescribed.

3. A service, facility, privilege, accommodation or thing for which a separate charge is set out in respect of the residential complex or a rental unit in it in an order under this Act, the Residential Rent Regulation Act, The Residential Premises Rent Review Act, 1975 (2nd Session) or Part XI of the Residential Tenancies Act, being chapter 452 of the Revised Statutes of Ontario, 1980.

Coerced agreement not enforceable

(2) If an order under section 33 determines that an agreement under subsection (1) has been entered into as a result of coercion or as a result of a false, incomplete or misleading representation by the landlord or an agent of the landlord, the agreement is not enforceable.

Twelve-month rule

(3) Section 6 does not apply to an increase in maximum rent under this section. 1992, c. 11, s. 46.

PART II
PROCEDURE

Part I applications

47. All applications under Part I are subject to the procedural rules set out in this Part. 1992, c. 11, s. 47.

Application to region

48. (1) Where Part I provides that an application is to be made to a Chief Rent Officer, it shall be made to the Chief Rent Officer for the region in which the residential complex to which it relates is located.

Where proceedings held

(2) The Chief Rent Officer who receives an application shall assign the application to the region in which it is to be determined. 1992, c. 11, s. 48.

Method of giving notice, etc.

49. (1) When this Act permits or requires a notice or document to be given to a person other than an employee or agent of the Ministry exercising a power or duty under this Act, the notice or document is sufficiently given,

(a) by handing it to the person;

(b) if the person is a landlord, by handing it to any employee of the landlord exercising authority in respect of the residential complex;

(d) by leaving it in the mail box where mail is ordinarily delivered to the person;

(e) where there is no mail box, by leaving it at the place where mail is ordinarily delivered to the person; or

(f) by sending it by mail to the last known address where the person resides or carries on business.

Idem

(2) When this Act permits or requires a notice or document to be given to an employee or agent of the Ministry exercising a power or duty under this Act, the notice or document is sufficiently given,

(a) by handing it to an employee or agent of the Ministry at the office for the region in which the residential complex to which it relates is located; or

(b) by sending it by mail to the office for the region in which the residential complex is located.

Notice given by mail

(3) A notice or document given by mail shall be deemed to have been given on the fifth day after mailing.

Written directions

(4) A rent officer may in writing direct that a notice or document be given in a manner other than as provided in this section.

Actual notice is sufficient

(5) Even if a notice or document is not given in accordance with this section, it shall be deemed to have been validly given if it is proven that its contents actually came to the attention of the person for whom it was intended within the time required by this Act.

Computation of time

(6) Time shall be computed in accordance with the prescribed rules. 1992, c. 11, s. 49.

Ministry notice to tenant

50. (1) Subject to subsection (2), when this Act permits or requires an employee or agent of the Ministry exercising a power or duty under this Act to give a notice or document to the tenant of a rental unit, the notice or document may be given to the occupant of the rental unit.

Idem

(2) If the tenant has notified the Ministry in writing of an address other than that of the rental unit where notices or documents are to be given, an employee or agent of the Ministry exercising a power or duty under this Act shall give the notice or document to the tenant at the address given in the notice. 1992, c. 11, s. 50.

Parties

Parties

51. (1) The parties to an application are the applicant, other than the Registrar or Director, any person entitled, other than under subsection 55 (4), to receive a copy of the application and any person added as a party by a rent officer.

Including a party

(2) If a rent officer believes that a person who should be included as a party has not been so included, the rent officer shall require that the person be substituted or added as a party to the proceeding.

Correctly naming a party

(3) If a rent officer believes that a party has been incorrectly named, the rent officer shall require that the person be correctly named.

Removing a party

(4) If a rent officer believes that a person who has been included as a party should not be included as a party, the rent officer shall require that the person be removed as a party to the proceeding. 1992, c. 11, s. 51.

Application and Response

Form of application

52. (1) An application made by a person other than the Registrar or the Director shall be made in the prescribed form and shall be signed by the applicant.

Agent

(2) An applicant may give an agent written authorization to sign the application and, if the applicant does so, a rent officer may require a copy of the authorization to be filed.

If name of tenant not known

(3) If a landlord who makes an application does not know the name of a tenant directly affected by the application, the name of the tenant may be shown in the application as “tenant” or “locataire” and all orders shall be binding on the tenant occupying the rental unit as if the tenant had been correctly named.

If name of landlord not known

(4) If a tenant who makes an application does not know the name of the landlord, the name of the landlord may be shown in the application as “landlord” or “locateur” and all orders shall be binding on the landlord as if the landlord had been correctly named. 1992, c. 11, s. 52.

Supporting material

53. The applicant shall file with the application,

(a) in the case of an application under section 13 (application for increase above guideline), a cost statement in the prescribed form and information for the prescribed periods concerning the operating costs for municipal taxes, hydro, water and heating;

(b) the prescribed material; and

When application complete

54. (1) An application is not complete unless all of the material referred to in clauses 53 (a) and (b) has been filed.

Notice if incomplete

(2) If the applicant files an application that is not complete, a rent officer shall notify the applicant in writing of that fact.

Idem

(3) The notice shall inform the applicant that,

(a) the applicant may file further material to complete the application within the period set out in the notice; and

(b) if the applicant does not do so within that period, the proceeding will be discontinued.

Idem

(4) The period set out in clause (3) (a) shall not exceed thirty days and despite section 60, shall not be extended by a rent officer.

Proceeding discontinued

(5) A rent officer shall discontinue a proceeding if a notice has been issued under subsection (2) and the applicant has not filed the required material within the period set out in the notice. 1992, c. 11, s. 54.

Copy of application to parties

55. (1) A landlord who makes an application shall, within ten days of filing it, give a copy of it to any tenant, subtenant or occupant who, at the time the application is made, is directly affected by the issues raised in it.

Idem

(2) A tenant or other person who makes an application shall, within ten days of filing it, give a copy of the application to any person who is directly affected by the issues raised in it.

Idem

(3) If a rent officer adds other parties to a tenant’s application under subsection 23 (3), the rent officer, rather than the tenant, shall give a copy of the application to those parties.

If new landlord or new tenant

(4) If a landlord or tenant is succeeded by a new landlord or tenant after an application is made and before an order is made respecting it, the applicant shall within ten days of becoming aware of the change give the new landlord or tenant a copy of the application.

Written directions

(5) A rent officer may give written directions concerning the giving of copies of an application and a person who complies with those directions shall be deemed to comply with this section. 1992, c. 11, s. 55.

Amending applications

56. If a rent officer believes that an amendment to an application is justified and fair, the rent officer may direct the application be amended accordingly. 1992, c. 11, s. 56.

Withdrawing applications

57. (1) An applicant may withdraw an application within thirty days after the acknowledgment notice is issued in respect of it.

Idem

(2) An application or consent may be withdrawn after the time referred to in subsection (1) only with the consent of a rent officer and he or she may impose conditions on which the consent is given. 1992, c. 11, s. 57.

Procedure before Hearing or Review

Acknowledgment notice

58. Upon receiving a complete application, the Chief Rent Officer shall give the parties an acknowledgment notice advising them,

(a) that the application has been filed;

(b) that the materials filed with it are available for inspection;

(d) of the right of the parties to request a hearing, a pre-hearing conference or administrative review, as the case may be, as set out in sections 61 to 64;

(e) that there will be no right of appeal to the order made respecting the application, except on a matter of law; and

(f) of any other matter the Chief Rent Officer considers appropriate. 1992, c. 11, s. 58.

Parties may examine material

59. (1) All parties to a proceeding may examine all material filed with the Chief Rent Officer or a rent officer respecting an application and the Chief Rent Officer or rent officer shall make that material available for examination.

Written submissions

(2) Any person affected by an application, other than the applicant, may make written submissions in respect of the application and the material filed in support of it and shall be given at least fifty-five days from the date the acknowledgment notice is issued to do so. 1992, c. 11, s. 59.

Extension, etc., of time

60. (1) A rent officer may extend or abridge the time for making an application, for giving a copy of an application to a party, for making submissions or for filing a document.

Idem

(2) The rent officer may attach whatever conditions to the extension or abridgement that he or she considers fair.

Idem

(3) A rent officer may extend the time for doing something even if the time for doing it has expired and may abridge time for doing something even if the time for commencing it has passed.

Notice

(4) A rent officer shall give all affected parties written notice of an extension or abridgement of time.

Effect of extension of time

(5) If a rent officer extends or abridges time, he or she shall notify the parties affected by the application of the new filing date and of any resulting new times for making submissions. 1992, c. 11, s. 60.

Right to a Hearing

Application

61. (1) This section applies to all applications under section 13 or 23 that involve more than one rental unit and that are based in whole or in part,

(a) in the case of an application under section 13, on a capital expenditure as set out in section 15, 16 or 17; or

(b) in the case of an application under section 23, on inadequate maintenance or repair or a discontinuance or reduction in services and facilities, as set out in section 25 or 26.

Hearing to be held

(2) Subject to subsection 63 (1), a hearing shall be held unless all of the parties to the application request that the proceeding be determined by administrative review in accordance with this section.

Request for administrative review

(3) An applicant who wants a proceeding to be determined by administrative review shall request administrative review in the application.

Idem

(4) Any other party to a proceeding may request that the proceeding be determined by administrative review by written notice to the Chief Rent Officer given not later than fifteen days after the date the acknowledgment notice is issued.

Extend time

(5) A rent officer may extend the time for any party to request administrative review at any time before a notice of hearing is issued. 1992, c. 11, s. 61.

Application

62. (1) This section applies to all applications to which section 61 does not apply.

Administrative review to apply

(2) An administrative review shall be held unless a party requests a hearing as set out in this section.

Request for hearing

(3) An applicant who wants a hearing to be held shall request the hearing in the application.

Idem

(4) Any other party to a proceeding may, by written notice to the Chief Rent Officer given not later than fifteen days after the date the acknowledgment notice is issued, request that a hearing be held in respect of the application.

Extension

(5) A rent officer may extend the time for any party to request a hearing at any time before a notice of administrative review is issued.

Deemed waiver

(6) A party to a proceeding who does not request a hearing as provided in this section shall be deemed to have waived the right to a hearing. 1992, c. 11, s. 62.

Administrative review directed

63. (1) The Chief Rent Officer may direct that a proceeding described in subsection 61 (1) that was to be determined by a hearing be determined by administrative review if all of the parties consent in writing to the proceeding being determined by administrative review and their consents are filed with the Chief Rent Officer.

Idem

(2) The Chief Rent Officer may direct that a proceeding described in subsection 62 (1) that was to be determined by a hearing be determined by administrative review if,

(a) a party who requested a hearing withdraws the request by written notice filed with the Chief Rent Officer before the notice of hearing is issued; and

(b) all other parties consent in writing to the proceeding being determined by administrative review and their consents are filed with the Chief Rent Officer.

Notice

(3) If the Chief Rent Officer directs under this section that a proceeding be determined by administrative review, he or she shall give the parties the notice required by section 68 and shall set out in the notice reasonable time periods for presenting evidence, making submissions and replying. 1992, c. 11, s. 63.

Adding parties

64. (1) If a party is added to a proceeding and section 61 would have applied to the proceeding if the added party had been a party at the time the application was made, a hearing shall be held unless all of the parties including the added party requests administrative review before the later of,

(a) fifteen days after the party is added; and

(b) time required under section 61.

Idem

(2) If, as a result of subsection (1), a proceeding that was to be determined by administrative review is to be determined by holding a hearing, the Chief Rent Officer shall notify the parties of that fact and shall give them the notice required by section 82. 1992, c. 11, s. 64.

Hearing

65. (1) A hearing shall be held in respect of an application if,

(a) section 61 applies to the application and not all of the parties have requested administrative review;

(b) section 62 applies to the application and any party has requested a hearing in accordance with that section; or

Idem

(2) If a hearing is held, the procedural rules set out in sections 82 to 88 shall apply. 1992, c. 11, s. 65.

Request for pre-hearing conference

66. (1) A party to a proceeding that is to be determined by holding a hearing may request a pre-hearing conference at any time before the notice of hearing is issued.

Conference directed

(2) The Chief Rent Officer may direct that a pre-hearing conference be held in respect of an application if a hearing is to be held and the Chief Rent Officer believes the conference should be held.

Pre-hearing conference

(3) If a pre-hearing conference is held, the procedural rules set out in sections 75 to 81 shall apply. 1992, c. 11, s. 66.

Administrative review

67. If a hearing is not held, the procedural rules set out in sections 68 to 74 shall apply. 1992, c. 11, s. 67.

Administrative Review

Notice of administrative review

68. If there is not to be a hearing, the Chief Rent Officer shall give the parties a written notice of administrative review advising them,

(a) that the proceeding will be determined by administrative review;

(b) of the right of any party other than the applicant to make submissions; and

Submissions

69. (1) Any party to a proceeding to be determined by administrative review, other than the applicant, may present evidence and make submissions.

Idem

(2) The evidence and submissions must be presented and made before the day which is at least twenty-five days after the date the notice of administrative review is issued.

Reply

(3) The applicant may reply to any submissions made any time before the day that is fifteen days after the deadline for making submissions. 1992, c. 11, s. 69.

Determination and order

70. After the periods for submissions and reply have expired, a rent officer shall review the evidence and submissions and make a determination on all matters without a hearing and make an order. 1992, c. 11, s. 70.

Material to be considered

71. (1) Except as provided in subsection (2) and section 72, if a proceeding is decided by administrative review,

(a) the only evidence and submissions in support of the application that the rent officer may consider is that filed with the application or given in reply; and

(b) the only evidence and submissions that a party other than the applicant may present or make is that presented or made under subsection 69 (1).

Further submissions

(2) A rent officer may permit a party to present further evidence or submissions or may direct a party to present further evidence or submissions that the rent officer considers necessary to make a decision.

Idem

(3) If any person presents further evidence or submissions, the rent officer shall give the other parties an opportunity to examine it and to explain or refute it.

If further submissions not filed

(4) If an applicant fails to comply with a direction under subsection (2) or section 92, the rent officer may dismiss the application or refuse to consider that part of the application relating to the failure to comply with the direction.

Idem

(5) If a party other than an applicant fails to comply with a direction under subsection (2) or section 92, the rent officer may refuse to take into account the party’s submissions and evidence respecting the matter regarding which there was a failure to comply with the direction.

Oral evidence

(6) A rent officer shall make a written record of any oral evidence or submissions given in an administrative review and shall place that record in the file. 1992, c. 11, s. 71.

Other relevant information

72. (1) The rent officer may consider any relevant information obtained by him or her in addition to the evidence given by the parties, provided that he or she first informs the parties of the additional information and gives them an opportunity to explain or refute it.

Additional powers

(2) The rent officer may,

(a) conduct an enquiry or inspect documents that he or she considers necessary;

(b) question any person by telephone or otherwise; and

Idem

(3) The person collecting evidence under subsection (2) shall make a written record of any evidence obtained and shall place that record in the file.

View premises

(4) The rent officer may view any premises that are the subject of an administrative review.

Inspection of premises

(5) A rent officer may direct an inspector to inspect premises that are the subject of an administrative review and the inspector shall make a written report of the inspection and place the report in the file. 1992, c. 11, s. 72.

SPPA does not apply

73. The Statutory Powers Procedure Act does not apply to a determination without a hearing. 1992, c. 11, s. 73.

Information available

74. A Chief Rent Officer shall make available for public inspection any application that is determined by administrative review and the evidence, submissions and order relating to that application, in the same manner that it would be available if the application were determined with a hearing. 1992, c. 11, s. 74.

Pre-Hearing Conference

Pre-hearing conference

75. (1) If there is to be a pre-hearing conference, the Chief Rent Officer shall notify the parties in writing of the date set for the conference.

Date

(2) The conference shall be set for a day that is at least fifteen days after the date the notice of pre-hearing conference is issued.

Idem

(3) The rent officer conducting the pre-hearing conference may direct that any of the following matters be discussed:

1. Whether the issues to be dealt with at the hearing can be clarified.

2. Whether any person ought to be added or removed as a party to the proceeding.

3. What rental units are affected by the proceeding.

4. Any procedural matter that arises or may arise in connection with the proceeding. 1992, c. 11, s. 75.

Evidence to be considered

76. (1) Except as provided in subsection (2), the only written evidence in support of the application that the rent officer may consider is the material filed with the application or given in reply.

Additional evidence

(2) Before, during or after a pre-hearing conference, a rent officer may permit a party to file additional evidence or may direct a party to file any additional evidence the rent officer considers necessary.

Idem

(3) If a party files additional evidence, the rent officer shall give the other parties an opportunity to examine it and to explain or refute it.

Idem

(4) The rent officer may reconvene the conference from time to time, if necessary. 1992, c. 11, s. 76.

Submissions

77. Any party to the application may make submissions at a pre-hearing conference respecting the matters in issue at the conference. 1992, c. 11, s. 77.

Recommendations

78. (1) The rent officer may make whatever written recommendations he or she considers necessary or advisable arising out of the matters that are considered at the conference.

Idem

(2) Any recommendations made under subsection (1) shall be placed in the file pertaining to the proceeding.

Examination of recommendations

(3) Any party to the proceeding is entitled to examine the recommendations and may make submissions in respect of them at the hearing. 1992, c. 11, s. 78.

Order

79. (1) The rent officer may make whatever preliminary order he or she considers fair in the circumstances arising out of the matters that are considered at the conference.

Exception

(2) Despite subsection (1), the rent officer shall not make an order clarifying the issues to be dealt with at the hearing.

Idem

(3) The rent officer shall give a copy of any order to the parties to the conference before the hearing and shall give written reasons for it if requested by a party.

Order binding

(4) A preliminary order under this section is binding on the rent officer who conducts the hearing. 1992, c. 11, s. 79.

Rent officer not to conduct hearing

80. The rent officer who conducts the pre-hearing conference shall not conduct the hearing or determine the proceeding by administrative review. 1992, c. 11, s. 80.

SPPA does not apply

81. The Statutory Powers Procedure Act does not apply to a pre-hearing conference. 1992, c. 11, s. 81.

Hearing

Notice of hearing

82. (1) If there is to be a hearing, the Chief Rent Officer shall notify the parties in writing of the date set for the hearing.

Date

(2) The hearing shall be set for a day that is after the later of,

(a) fifty-five days after the date the acknowledgment notice is issued; and

(b) fifteen days after the date the notice of hearing is issued. 1992, c. 11, s. 82.

SPPA applies

83. The Statutory Powers Procedure Act applies to all hearings conducted by rent officers under this Act. 1992, c. 11, s. 83.

Matters to be considered

84. (1) The rent officer conducting the hearing may consider,

(a) any evidence and submissions given to him or her in respect of the application;

(b) any evidence and submissions given at the hearing; and

Additional powers

(2) During a hearing, a rent officer may question any person by telephone, so long as it is done in such a way that any parties attending the hearing can hear both sides of the conversation.

Idem

(3) A rent officer may view any premises that are the subject of a hearing and may do so before, during or after the hearing but, if the rent officer does so before or after the hearing, he or she shall give the parties an opportunity to view the premises with him or her.

Idem

(4) A rent officer may direct an inspector to inspect premises that are the subject of a hearing.

Idem

(5) A rent officer may authorize an employee or agent of the Ministry to conduct an enquiry or inspect documents that he or she considers necessary and to question any person by telephone or otherwise.

Idem

(6) A person acting under subsection (4) or (5) shall make a written report of any inspection, enquiry or questioning done and place the report in the file. 1992, c. 11, s. 84.

Submissions

85. Any party to the application may make submissions to the rent officer at a hearing. 1992, c. 11, s. 85.

Evidence to be considered

86. (1) Except as provided in subsection (2) and section 88, the only written evidence in support of the application that the rent officer may consider is the evidence filed with the application or given in reply.

Additional evidence

(2) Before, during or after a hearing, a rent officer may permit a party to present additional evidence or may direct a party to present any additional evidence the rent officer considers necessary to make a decision.

Idem

(3) If a party presents additional evidence, the rent officer shall give the other parties an opportunity to examine it and to explain or refute it.

Idem

(4) The rent officer shall reconvene the hearing from time to time, if necessary.

If additional evidence not presented

(5) If an applicant fails to comply with a direction under subsection (2) or section 92, the rent officer may dismiss the application or refuse to consider that part of the application relating to the failure to comply with the direction.

Idem

(6) If a party other than an applicant fails to comply with a direction under subsection (2) or section 92, the rent officer may refuse to consider the party’s submissions and evidence respecting the matter regarding which there was a failure to comply with the direction. 1992, c. 11, s. 86.

Rent officer may question parties

87. At the hearing, the rent officer may question the parties who are in attendance and any witnesses with a view to determining the truth concerning the matters in dispute. 1992, c. 11, s. 87.

Other relevant information

88. The rent officer may consider any relevant information obtained by him or her in addition to the evidence given at the hearing, provided that he or she first informs the parties of the additional information and gives them an opportunity to explain or refute it. 1992, c. 11, s. 88.

Other Matters

Frivolous or vexatious proceeding

89. (1) A rent officer shall discontinue a proceeding if, in his or her opinion, the matter is trivial, frivolous or vexatious or has not been initiated in good faith.

Fraud

(2) A rent officer may require an inspector to investigate the conduct of a proceeding if he or she has reason to believe that a party may have filed documents that the party knew or ought to have known contained false or misleading information.

Idem

(3) A rent officer may discontinue a proceeding if he or she finds that the applicant filed documents that the applicant knew or ought to have known contained false or misleading information.

Idem

(4) A rent officer shall not consider a document filed by a party other than the applicant if he or she finds that the party knew or ought to have known the document contained false or misleading information. 1992, c. 11, s. 89.

Applications joined

90. (1) The Chief Rent Officer or a rent officer may direct that two or more applications be joined or heard together if he or she believes it would be fair to determine the issues raised by them together.

Issues severed

(2) If the Chief Rent Officer or a rent officer believes that it would be fair to deal with some of the issues raised by an application separately from others, he or she may so direct and may make separate orders, if necessary. 1992, c. 11, s. 90.

Real substance

91. In making findings on an application, a rent officer shall ascertain the real substance of all transactions and activities relating to a residential complex or a rental unit and the good faith of the participants and in doing so,

(a) may disregard the outward form of a transaction or the separate corporate existence of participants; and

(b) may have regard to the pattern of activities relating to the residential complex or the rental unit. 1992, c. 11, s. 91.

File information

92. A rent officer may direct a landlord to file information under section 104, 104.1, 107 or 108. 1994, c. 2, s. 21.

Order

Order

93. (1) Upon making findings on an application, the rent officer shall make an order.

Conditions

(2) The rent officer may include in an order whatever conditions he or she considers fair in the circumstances.

Copy to parties

(3) The rent officer shall forthwith give a copy of an order to the parties and their agents and shall give written reasons.

Order final

(4) An order made by a rent officer is final, binding and not subject to review except under section 95 or 96 and shall take effect and is enforceable according to its terms from the date it is made. 1992, c. 11, s. 93.

Clerical errors

94. If an order contains a clerical error or omission, the rent officer may amend it at any time before the hearing of an appeal of it has been commenced. 1992, c. 11, s. 94.

Power to reconsider

95. (1) If, within one year of the date of an order, the Chief Rent Officer designated by the Director believes that a serious error has been made in it, the Chief Rent Officer or his or her delegate shall reconsider the matter and may affirm, rescind, amend or replace the order.

Idem

(2) If a party to an application is found guilty of the offence of furnishing false or misleading information under this Act or is found guilty of fraud, perjury, forgery, uttering a forged document or false pretences under the Criminal Code (Canada) respecting the application after an order has been made on the application, the Chief Rent Officer designated by the Director, or his or her delegate, shall reconsider the matter and may affirm, amend, rescind or replace the order and subsequent orders or notices of carry forward affected by it. 1992, c. 11, s. 95.

Appeal

Appeal to Divisional Court

96. (1) Any person affected by an order of a rent officer or the Director may appeal the order to the Divisional Court but only on a question of law.

Director may be heard

(2) The Director is entitled to be heard by counsel or otherwise upon the argument on any issue in an appeal.

Power of Divisional Court on appeal

(3) If an appeal is brought under this section, the Divisional Court shall hear and determine the appeal and may,

(a) affirm, rescind, amend or replace the decision or order; or

(b) remit the matter to a rent officer or the Director, as the case may be, with the opinion of the Divisional Court.

Idem

(4) The Divisional Court may also make any other order in relation to the matter that it considers proper and may make any order with respect to costs that it considers proper. 1992, c. 11, s. 96.

Orders not stayed pending appeal

97. An appeal from an order of a rent officer or the Director does not stay the order pending the hearing of the appeal. 1992, c. 11, s. 97.

Miscellaneous

Substantial compliance

98. Substantial compliance with this Act respecting the contents of forms, notices or documents is sufficient unless a rent officer or other employee of the Ministry with whom it is filed is of the opinion that it would result in unfairness to any person. 1992, c. 11, s. 98.

Contingency fee limited

99. (1) No agent who represents a landlord or a tenant in a proceeding under this Act or who assists a landlord or tenant in a matter arising under this Act shall charge or take a fee based on a proportion of any amount which has been or may be recovered, gained or saved, in whole or in part, through the efforts of the agent, where the proportion exceeds the prescribed amount.

Contingency agreement void

(2) Any agreement which provides for a fee prohibited in subsection (1) is void. 1992, c. 11, s. 99.

Enforcement of order for the payment of money

100. (1) A certified copy of an order of a rent officer for the payment of a sum of money may be filed with the Ontario Court (General Division) or the Small Claims Court and, on being filed, the order has the same force and effect and all proceedings may be taken on it as if it were a judgment of that Court.

Rescission of order

(2) An order rescinding an order filed under subsection (1) may be filed under that subsection and, upon filing, the order previously made ceases to have effect for the purposes of subsection (1).

Variation of order

(3) An order varying an order filed under subsection (1) may be filed under that subsection and, upon filing, the order previously made as so varied may be enforced in a like manner as an order filed under subsection (1). 1992, c. 11, s. 100.

PART III
RENT REGISTRY

Rent registry

101. The Registrar shall establish and maintain a rent registry for all residential complexes that contain rental units to which this Act applies. 1992, c. 11, s. 101.

Transfer of registered information

102. Upon the coming into force of this section, the Registrar shall receive from the Minister and record in the rent registry all information that was recorded in the rent registry under the Residential Rent Regulation Act before the day this section is proclaimed in force. 1992, c. 11, s. 102.

Statements to be Filed

Statement for new complex

103. (1) Every landlord of a new residential complex to which subsection 3 (7) (time limited exemption) applies shall file with the Registrar a statement in the prescribed form. 1992, c. 11, s. 103 (1).

When statement due

(2) The landlord shall file the statement,

(a) in the case of a residential complex that is a care home, on or before the later of,

(i) six months after the day the first rental unit in the residential complex is first rented, and

(ii) ninety days following the day this subsection comes into force; and

(b) in all other cases, within six months after the day the first rental unit in the residential complex is first rented. 1994, c. 2, s. 22 (1).

Contents of statement

(3) The statement shall set out the following information:

1. The name and address of the landlord.

2. If the landlord is not ordinarily resident in Ontario, the name and address of the landlord’s representative or agent in Ontario.

3. The municipal address of every building that forms part of the residential complex.

4. The number of bedrooms and the suite number or other means of identification for each rental unit to which sections 6, 7, 7.1, 8, 9.1, 107, 108, 109 and this section apply.

5. The day the first rental unit in the residential complex is first rented.

6. Any other prescribed information. 1992, c. 11, s. 103 (3); 1994, c. 2, s. 22 (2).

Certificate

(4) Subsections 105 (2) to (4) apply with necessary modifications to the filing of a statement under this section. 1992, c. 11, s. 103 (4).

Statement of rent information

104. (1) Every landlord of a residential complex that is not a care home and that contains more than three residential units shall file with the Registrar a statement of rent information in the prescribed form. 1994, c. 2, s. 23 (1).

When statement due

(2) The landlord shall file the statement for all rental units in the residential complex that were rented on or before the date of filing and the date of filing shall be,

(a) in the case of a new residential complex all of whose rental units are subject to subsection 3 (7) on the prescribed date, the date on which this Act first applies to a rental unit in the residential complex; and

(b) in all other cases, the prescribed date.

Idem

(3) The Registrar may by notice require a landlord of a residential complex containing one, two or three residential units to file with the Registrar a statement of rent information in the prescribed form on or before the date set out in the notice if,

(a) a tenant of a rental unit in the residential complex requests the Registrar to do so; or

(b) in the circumstances, it would be reasonable to do so.

Idem

(4) A landlord who is required to file a statement of rent information shall file additional statements for all rental units to which this Act subsequently applies or which subsequently become rented within six months of the day of the first filing and thereafter every six months until a statement has been filed for all rental units in the residential complex.

Idem

(5) The landlord may file the statement before the date required under this section.

Landlord may file

(6) A landlord of a residential complex may file a statement of rent information even if it is not required under this section.

Transitional

(7) On or before the prescribed date, the Registrar may by notice require a landlord of a residential complex containing four, five or six residential units to file with the Registrar a statement of rent information in the prescribed form on or before the date set out in the notice if,

(a) a tenant of a rental unit in the residential complex requests the Registrar to do so; or

(b) in the circumstances, it would be reasonable to do so. 1992, c. 11, s. 104 (2-7).

Same

(8) Nothing in subsection (1) requires a landlord to file a statement of rent information if the landlord has filed a statement of rent information in accordance with that subsection as it read on November 22, 1993. 1994, c. 2, s. 23 (2).

Statement of care home information

104.1 (1) Every landlord of a residential complex that is a care home or becomes a care home on or after November 23, 1993 and that contains more than three residential units shall file with the Registrar a statement of care home information in the prescribed form.

Other provisions

(2) Subsections 104 (2), (4), (5) and (6) apply to this section with necessary modifications as if the residential complex were the care home and the statement of rent information were the statement of care home information.

Required information

(3) The Registrar may by notice require a landlord of a residential complex that is a care home or becomes a care home on or after November 23, 1993 containing any number of residential units to file with the Registrar a statement of care home information in the prescribed form on or before the date set out in the notice if,

(a) a tenant of a rental unit in the residential complex requests the Registrar to do so; or

(b) in the circumstances, it would be reasonable to do so.

Deemed compliance

(4) At the time that a landlord of a residential complex files the statement of care home information that is required to be filed under this section, the landlord shall be deemed to have filed the information required by section 104 of this Act and Part V of the Residential Rent Regulation Act. 1994, c. 2, s. 24.

Contents of statement

105. (1) The statement of rent information shall set out the following information:

1. The name and address of the landlord.

2. If the landlord is not ordinarily resident in Ontario, the name and address of the landlord’s representative or agent in Ontario.

3. The municipal address of every building that forms part of the residential complex.

4. The number of bedrooms and the suite number or other means of identification for each rental unit to which this Act applies.

5. The initial rent date for each rental unit to which this Act applies and the rent that was charged on that date.

6. The date that the rent that was charged on the initial rent date was first charged.

7. The number of bedrooms and the suite number or other means of identification for each residential unit to which this Act does not apply, together with the reasons why it does not apply.

8. The other prescribed information. 1992, c. 11, s. 105 (1).

Statement of care home information

(1.1) A statement of care home information shall set out the following information:

1. The information mentioned in subsection (1).

2. The number of persons occupying the rental unit as of the initial rent date, unless another date is prescribed.

3. The care services and meals that are provided in the care home as of the initial rent date, unless another date is prescribed.

4. The total amount of rent and charges for care services and meals charged for each rental unit as of the initial rent date, unless another date is prescribed.

5. The other prescribed information. 1994, c. 2, s. 25 (1).

Certificate

(2) A statement of rent information and a statement of care home information shall contain a certificate signed by the landlord stating that the information contained in the statement, including any attachments to it, is true, correct and complete to the best of the landlord’s knowledge and belief. 1994, c. 2, s. 25 (2).

Idem

(3) If the landlord is a corporation, the certificate shall be signed by the president, secretary or other authorized senior officer of it.

Idem

(4) A landlord may give an agent written authorization to sign the certificate and, if the landlord does so, the Registrar may require a copy of the authorization to be filed. 1992, c. 11, s. 105 (3, 4).

Discretion

(5) If a landlord is not able to provide the Registrar with the rent charged on the initial rent date for a rental unit because the initial rent date is not known or because the amount charged on that date is not known, the Registrar may permit the landlord,

(a) to claim, as the initial rent date,

(i) the earliest date since November 23, 1993 that the rent charged is known, in the case of a rental unit in a care home where the initial rent date of the rental unit is on or after November 23, 1993, or

(ii) the earliest date since July 1, 1985 that the rent charged is known, in all other cases; and

(b) to claim as the rent charged as of the initial rent date, the amount charged as of the date under clause (a). 1992, c. 11, s. 105 (5); 1994, c. 2, s. 25 (3).

Deemed filing

106. Despite sections 104 and 105, if the information required to be filed under those sections respecting a residential complex was filed under Part V of the Residential Rent Regulation Act before this section comes into force, the landlord of that residential complex shall be deemed to have filed that information under those sections. 1992, c. 11, s. 106.

Change of information

107. (1) Every landlord of a residential complex shall file with the Registrar a statement of change of information in the prescribed form setting out any changes in the information filed with the Registrar if those changes are necessary to maintain the accuracy and currency of the rent registry.

When due

(2) A statement of change of information shall be filed within thirty days after the change occurred.

Certificate

(3) Subsections 105 (2) to (4) apply with necessary modifications to the filing of a statement of change of information. 1992, c. 11, s. 107.

Notice to refile information

108. (1) If the Registrar is satisfied that information about a residential complex that a landlord has filed with the Registrar is incorrect or incomplete, the Registrar may by notice require the landlord to file a new or amended statement.

Idem

(2) The notice shall,

(a) inform the landlord that the landlord must file a corrected or completed statement before the day set out in the notice;

(b) identify those items in the landlord’s statement that the Registrar believes to be incorrect or incomplete; and

(c) inform the landlord of the landlord’s right to apply under section 33 for an order verifying that the information is correct and complete.

Acceptance refused

(3) If the landlord does not comply with a notice under this section, the Registrar may refuse to accept the statement to which the notice relates for filing.

Certificate

(4) Subsections 105 (2) to (4) apply with necessary modifications to the filing of a new or amended statement. 1992, c. 11, s. 108.

New landlord

109. If, when a person becomes the new landlord of a residential complex, the time for filing a statement under section 103, 104, 104.1, 107 or 108 has expired, the new landlord shall file the statement within thirty days of becoming landlord. 1992, c. 11, s. 109; 1994, c. 2, s. 26.

Calculation of Maximum Rent

Maximum rent

110. (1) After accepting a statement of rent information or a statement of care home information and within the prescribed time, the Registrar shall,

(a) calculate for each rental unit to which this Act applies and for which information was filed, the maximum rent as of the initial rent date and the date on which that maximum rent took effect or takes effect; and

(b) calculate for each such rental unit the maximum rent on the date of the calculation and the date on which that maximum rent took effect. 1992, c. 11, s. 110 (1); 1994, c. 2, s. 27 (1).

Idem

(2) The Registrar shall make the calculations under subsection (1) for a rental unit in accordance with the prescribed rules after reviewing the information filed or recorded under this Part, any orders or notices of carry forward made under this Act, any increase or decrease in maximum rent resulting from subsection 10 (12) or (13), any decreases in maximum rent made under section 113 or 115, any orders made under The Residential Premises Rent Review Act, 1975 (2nd Session) or the Residential Tenancies Act, being chapter 452 of the Revised Statutes of Ontario, 1980, and any orders or notices under the Residential Rent Regulation Act that affect that rental unit. 1992, c. 11, s. 110 (2); 1994, c. 2, s. 27 (2).

Separate charges

(3) Subsections 45 (1) and (2) apply with necessary modifications to the Registrar’s calculation of separate charges under this section. 1992, c. 11, s. 110 (3).

Notice to landlord

111. (1) After making the calculations under section 110 and within the prescribed time, the Registrar shall give to the landlord who has filed a statement a notice of rent information setting out,

(a) the information filed and accepted for all rental units for which the statement was filed;

(b) the calculations made under section 110 for all rental units for which the statement was filed;

(d) the effect of the notice, as set out in subsection (4).

Notice to tenant

(2) Within the prescribed time, the Registrar shall give to the tenant of every rental unit for which the statement was filed a notice of rent information setting out,

(a) the information filed and accepted for the tenant’s rental unit;

(b) the calculations made under section 110 for the tenant’s rental unit;

(d) the effect of the notice, as set out in subsection (4).

Exception

(3) The Registrar is not required to give a landlord or tenant a notice of rent information under subsection (1) or (2) in the prescribed circumstances, despite those subsections.

Calculations deemed correct

(4) If, within six months of the date the Registrar issues a notice of rent information in respect of a rental unit, no application is made to correct or add to the information in it or in which the maximum rent for that rental unit will be determined, the calculations made under section 110 shall be deemed to have the same effect as an order. 1992, c. 11, s. 111 (1-4).

Exception

(4.1) Despite subsection (4), there shall be no deeming described in that subsection with respect to the calculations made under section 110 and set out in a notice of rent information that the Registrar has issued, if,

(a) the notice of rent information has been issued with respect to a statement of rent information that has been filed; and

(b) the Registrar has accepted a statement of care home information for the residential complex for which the statement of rent information was filed after having issued the notice of rent information but before the deeming described in subsection (4) would have occurred, but for this subsection.

Notice void

(4.2) If, as a result of subsection (4.1), there is no deeming under subsection (4), the notice of rent information shall be void.

Deemed number of persons

(4.3) If, within six months of the date the Registrar issues a notice of rent information in respect of a rental unit in a care home, no application is made to determine the number of persons that the rental unit is intended to accommodate, the information that the landlord has filed respecting the number of persons occupying the rental unit on the initial rent date shall be deemed to be the number of persons that the rental unit is intended to accommodate. 1994, c. 2, s. 28.

Amended notice

(5) The Registrar may issue an amended notice of rent information within eighteen months after the issue of the original notice if no application has been made to correct or add to the information in it and the Registrar is satisfied that he or she made an error in the original notice.

Idem

(6) Subsection (4) does not apply to a notice if the Registrar issues a notice amending it before the deeming in subsection (4) has occurred.

Idem

(7) If the Registrar issues an amended notice after the deeming in subsection (4) has occurred, the calculations in the original notice shall no longer be deemed to have the same effect as an order.

Idem

(8) Subsections (1) to (4) apply with necessary modifications to an amended notice.

Transitional

(9) If a notice was given under section 59 of the Residential Rent Regulation Act respecting a rental unit in a residential complex before the day this subsection is proclaimed in force, no application or Minister’s motion was made under section 60 of that Act before that day and the deeming set out in subsection 60 (3) of that Act has not occurred before that day,

(a) no notice shall be given under this section;

(b) the landlord or a tenant may apply under section 33 of this Act to correct or add to any of the information set out in the notice if they do so within the time required for making an application under section 58 of the Residential Rent Regulation Act; and

(c) the rent recorded in the rent registry for that rental unit shall be deemed to be the maximum rent as of the actual rent date under the Residential Rent Regulation Act if no application that would result in a determination of maximum rent is made under this Act within the time set out in the notice given under section 59 of the Residential Rent Regulation Act. 1992, c. 11, s. 111 (5-9).

Information Recorded in Registry

Information recorded

112. (1) The Registrar shall record in the rent registry,

(a) the information filed and accepted under this Part;

(b) the calculations made under section 110;

(d) the most recent order made under The Residential Premises Rent Review Act, 1975 (2nd Session) or the Residential Tenancies Act, being chapter 452 of the Revised Statutes of Ontario, 1980, or any order made under the Residential Rent Regulation Act;

(e) a guideline increase permitted to be taken under Part I;

(f) a statutory increase that was permitted under The Residential Premises Rent Review Act, 1975 (2nd Session), Part XI of the Residential Tenancies Act, being chapter 452 of the Revised Statutes of Ontario, 1980, or Part VI of the Residential Rent Regulation Act;

(g) any decrease in maximum rent under section 113;

(h) any other information necessary to maintain the accuracy and currency of the rent registry; and

(i) the current maximum rent and the date on which it takes effect, as calculated by the Registrar from the information recorded under clauses (a) to (h).

Clerical errors

(2) If the Registrar is satisfied that any information recorded in the rent registry is incorrect due to a clerical error or omission, the Registrar may amend the rent registry accordingly.

Idem

(3) Upon amending the rent registry under subsection (2), the Registrar shall notify the affected parties of any amended information.

Deemed maximum rent

(4) The current maximum rent recorded in the rent registry for a given date, if any, is deemed to be the maximum rent for the rental unit as of that date.

Idem

(5) If the rent referred to in subsection (4) is not set out in an order, the deeming in subsection (4) may be rebutted in any application under this Act in which maximum rent is determined. 1992, c. 11, s. 112.

Miscellaneous

Lower assessment

113. (1) The Registrar may decrease the maximum rent in accordance with the prescribed rules and record the decrease in the maximum rent in the registry if,

(a) a reassessment under the Assessment Act in a municipality results in a decrease in the assessed value of a residential complex or a rental unit in it;

(b) the Council of the municipality by resolution filed with the Registrar requests a decrease in the maximum rent in the affected rental units; and

Idem

(2) The Registrar shall calculate the decrease in maximum rent requested for each affected rental unit in accordance with the prescribed rules and notify the Council of the results of those calculations.

Notice

(3) The Council shall give notice of a decrease in maximum rent under this section to the landlord of the residential complex affected by the decrease and to the tenants of any affected rental units.

Idem

(4) The notice shall set out,

(a) particulars of the decrease in maximum rent and the reasons for it; and

(b) the person’s right under section 33 to apply to dispute the accuracy of the decrease in maximum rent or, if the change in assessment has been appealed, to change the amount of the decrease of the maximum rent.

Deduction from rent

(5) Any tenant whose rental unit is affected by a decrease in maximum rent under this section may deduct from future rent payments to the landlord any money the landlord owes to the tenant as a result of the decrease. 1992, c. 11, s. 113.

Notice re reduction

114. (1) If the maximum rent for a rental unit includes a capital component, the Registrar shall give the landlord and the tenant of the rental unit written notice that the maximum rent will be decreased by the amount of the capital component.

Idem

(2) The Registrar shall give the written notice at least six months before the date on which that capital component is to be deducted from the maximum rent according to the most recent finding under clause 20 (1) (h) or determination under clause 22 (3) (d) that refers to that capital component. 1992, c. 11, s. 114.

Reduction of maximum rent

115. (1) If the maximum rent for a rental unit includes a capital component, the Registrar shall decrease the maximum rent for the rental unit by the amount of that capital component.

Idem

(2) The effective date of the decrease shall be the date for the decrease set out in the most recent finding under clause 20 (1) (h) or determination under clause 22 (3) (d) that refers to that capital component. 1992, c. 11, s. 115.

Information

116. (1) The Registrar shall provide a person with information that is recorded in the rent registry respecting a rental unit if the person requests that information in the prescribed manner.

Idem

(2) The Registrar may provide a person with information that is recorded in the rent registry respecting a rental unit if he or she believes it is appropriate to do so.

Limit on information

(3) The Registrar may limit the information provided in accordance with the prescribed rules.

Personal information

(4) The Registrar may provide the landlord’s name and address under this section.

Form of information

(5) The Registrar may provide the information on paper or in electronic, photographic or other form.

Fees

(6) The Registrar may charge the prescribed fees for providing the information. 1992, c. 11, s. 116.

PART IV
GENERAL

Record

117. In this Part,

“record” includes a book of account, bank book, voucher, receipt, correspondence and any other document regardless of whether the document is on paper or is in electronic, photographic or other form. 1992, c. 11, s. 117.

Administration

118. (1) The Minister is responsible for the administration of this Act.

Delegation

(2) The Minister may in writing delegate any power or duty granted to or vested in the Minister under this Act to any officer or employee of the Ministry, subject to the conditions set out in the delegation. 1992, c. 11, s. 118.

Duties of Minister

119. The Minister shall,

(a) where the circumstances warrant, commence or cause to be commenced proceedings in respect of an alleged failure to comply with this Act or an order made under it; and

(b) take an active role in ensuring, by any suitable method, including the making of grants, that landlords and tenants are aware of the benefits and obligations under this Act and the Landlord and Tenant Act. 1992, c. 11, s. 119.

Director

120. (1) The Minister shall appoint an employee of the Ministry to be the Director of Rent Control.

Delegation

(2) The Director may in writing delegate any power or duty granted to or vested in the Director under this Act to any employee or agent of the Ministry, subject to the conditions set out in the delegation.

Duties of Director

(3) In addition to the other duties given to the Director under this Act, the Director shall,

(a) investigate cases of alleged failure to comply with this Act or orders made under it;

(b) monitor compliance with this Act; and

Exclusive jurisdiction

121. (1) The Director has exclusive jurisdiction respecting any matter or thing in respect of which a power, authority or discretion is conferred upon the Director.

Rules and policies

(2) The Director shall observe the prescribed procedural and interpretative rules and policies in interpreting this Act and exercising a power or discretion conferred by it. 1992, c. 11, s. 121.

Inspectors

122. (1) The Director may appoint inspectors for the purposes of this Act.

Certificate of appointment

(2) The Director shall issue a certificate of appointment bearing his or her signature or a facsimile of it to every inspector.

Production of certificate

(3) An inspector who is exercising a power of entry shall produce his or her certificate of appointment. 1992, c. 11, s. 122.

Duties of inspectors

123. (1) An inspector shall carry out the duties assigned to him or her by the Director.

Powers

(2) An inspector may exercise any of the powers set out in subsection (3) if he or she does so between the hours of 7 a.m. and 9 p.m. having first given reasonable prior notice and if the power is being exercised,

(a) to determine whether this Act applies to a residential complex or a rental unit in it;

(b) to inspect premises to determine whether a landlord has complied with a prescribed maintenance standard;

(d) to determine whether the work giving rise to a capital expenditure has been completed;

(e) to determine whether services and facilities have been discontinued or reduced.

Idem

(3) An inspector exercising a power for a purpose under subsection (2) may,

(a) enter any place;

(b) require the production of and inspect any records or other things that may be relevant to the inspection;

(d) take any photographs that may be relevant to the inspection.

Power to remove things

(4) Upon giving a receipt for them, an inspector may remove from a place records or other things that may be relevant to the inspection to make copies or extracts from them or to hold them as evidence.

Return

(5) An inspector shall promptly return any records or other things he or she has removed unless they are being held as evidence and copies of them cannot be made.

Idem

(6) The Director shall ensure that if a record or other thing is being held as evidence by the Ministry,

(a) the person from whom it was taken may have access to it; and

(b) it is returned to the person as soon as it is no longer needed as evidence.

Expert assistance

(7) An inspector may call upon any expert he or she considers necessary to assist in the inspection.

Entry to dwellings

(8) If the occupier of a place that is being used as a dwelling gives his or her consent, an inspector may exercise any of the powers set out in subsection (3) at any time and without giving prior notice, but if that consent is not given the inspector shall not exercise such a power except under the authority of a search warrant issued under section 124.

Idem

(9) A consent under subsection (8) is not valid unless before obtaining it the inspector informs the occupier that he or she may refuse to consent to the exercise of a power under subsection (3) and that without the occupier’s consent the inspector is not permitted to exercise that power without the authority of a search warrant.

Entry to common areas

(10) If the occupier of a rental unit who is permitted access to a common area gives his or her consent, an inspector may exercise a power of entry set out in subsection (3) to enter that common area at any time and without giving prior notice. 1992, c. 11, s. 123.

Search warrant

124. (1) A justice of the peace may issue a search warrant in the prescribed form authorizing an inspector to enter any place and exercise any of the powers under section 123 if the justice is satisfied by information upon oath that there are reasonable and probable grounds to believe that,

(a) an offence under this Act has been committed; and

(b) entering and exercising those powers will afford evidence as to the commission of the offence.

Return

(2) The inspector shall promptly return any records or other things he or she has removed unless they are being held as evidence and copies of them cannot be made.

Idem

(3) The Director shall ensure that if a record or other thing is being held as evidence by the Ministry,

(a) the person from whom it was taken may have access to it; and

(b) it is returned to the person as soon as it is no longer needed as evidence.

Additional authority

(4) A search warrant authorizes the inspector to call upon any expert he or she considers necessary to assist in executing it and to use any data storage, processing or retrieval device or system necessary to produce a record in readable form.

Execution and expiry

(5) A search warrant shall specify the hours and days during which it may be executed and shall name a date on which it expires, which date shall not be later than thirty days after its issue.

Extension of time

(6) A justice of the peace may extend the date on which a search warrant expires for a period of no more than thirty days upon motion by the inspector named in it and may do so before or after it expires.

Time of execution

(7) A search warrant shall be executed between the hours of 7 a.m. and 9 p.m. unless it provides otherwise.

Person to assist with records

(8) A person who is required to produce a record for an inspector shall, on request, provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system, to produce a record in readable form. 1992, c. 11, s. 124.

Admissibility of copies

125. A copy of or extract from a record made by or for an inspector exercising a power under section 123 or 124 is admissible in evidence as proof, in the absence of evidence to the contrary, of the original if it is certified as being a true copy of or extract from the original by the person who made it. 1992, c. 11, s. 125.

Rent officers

126. (1) The Director shall appoint rent officers for the purposes of this Act.

Chief Rent Officers

(2) The Director shall select a rent officer from each region to be the Chief Rent Officer for that region.

Delegation

(3) A Chief Rent Officer may delegate any power or duty granted to or vested in him or her under this Act to any rent officer, subject to the conditions set out in the delegation.

Idem

(4) A Chief Rent Officer may delegate any power or duty granted to or vested in him or her under this Act, other than a statutory power of decision, to an employee or agent of the Ministry, subject to the conditions set out in the delegation. 1992, c. 11, s. 126.

Exclusive jurisdiction

127. (1) Except where Part I gives jurisdiction to the Director or to the court, rent officers have exclusive jurisdiction to examine into and determine all proceedings under Part I.

Idem

(2) Rent officers have exclusive jurisdiction respecting any matter or thing in respect of which a power, authority or discretion is conferred upon them.

Rules and policies

(3) A rent officer shall observe the prescribed procedural and interpretative rules and policies in interpreting this Act and exercising a power or discretion conferred by it.

Professional assistance

(4) Subject to any conditions the Minister may set, a Chief Rent Officer may engage persons other than employees of the Ministry to provide professional, technical or other assistance to a rent officer and may establish the duties and terms of the engagement and provide for the payment of the remuneration and expenses of those persons. 1992, c. 11, s. 127.

Registrar

128. (1) The Director shall appoint a Registrar for the purposes of Part III.

Delegation

(2) The Registrar may in writing delegate any power or duty granted to or vested in the Registrar under this Act to any employee or agent of the Ministry, subject to the conditions set out in the delegation. 1992, c. 11, s. 128.

Exclusive jurisdiction

129. (1) The Registrar has exclusive jurisdiction respecting any matter or thing in respect of which a power, authority or discretion is conferred upon the Registrar.

Rules and policies

(2) The Registrar shall observe the prescribed procedural and interpretative rules and policies in interpreting this Act and exercising a power or discretion conferred by it. 1992, c. 11, s. 129.

Prohibition

130. (1) No person shall knowingly hinder, obstruct or interfere with a tenant in the exercise of the right to organize or participate in an organization the purpose of which is to secure and enforce the rights established under this Act or under section 119 of the Residential Rent Regulation Act.

Idem

(2) No person shall knowingly harass a tenant with intent to prevent or discourage the tenant from securing or enforcing rights under this Act. 1992, c. 11, s. 130.

Proof of filed documents

131. (1) The production by a person prosecuting a person for an offence under this Act of a certificate, statement or document that appears to have been filed with or delivered to the Ministry by or on behalf of the person charged with the offence shall be received as evidence that the certificate, statement or document was so filed or delivered.

Proof of making

(2) The production by a person prosecuting a person for an offence under this Act of a certificate, statement or document that appears to have been made or signed by the person charged with the offence or on the person’s behalf shall be received as evidence that the certificate, statement or document was so made or signed. 1992, c. 11, s. 131.

Fees

132. (1) The Director, the Registrar or a Chief Rent Officer may charge and collect the prescribed fees for providing to a person, at his or her request, copies of forms, notices or documents filed with or issued by him or her.

Form of copies

(2) The Director, the Registrar or a Chief Rent Officer may provide those copies on paper or in electronic, photographic or other form. 1992, c. 11, s. 132.

Immunity

133. (1) No proceeding for compensation or damages shall be instituted against any officer or employee of the Ministry or any agent retained by the Ministry for any act done in good faith in the performance or intended performance of a duty or in the execution or intended execution of the person’s duty or for any alleged neglect or default in the execution in good faith of the person’s duty.

Liability of Crown

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject. 1992, c. 11, s. 133.

Offences

134. (1) A person is guilty of an offence if the person knowingly,

(a) furnishes false or misleading information in any application, document, written submission or statement made to the Director, the Registrar, a rent officer or an inspector or in any proceeding under this Act;

(b) furnishes false or misleading information under subsection 7 (3);

(c.1) increases or attempts to increase the rent charged to a tenant of a rental unit in a care home in contravention of subsection 6 (2);

(c.2) increases or attempts to increase a charge for providing a care service or meals to a tenant of a rental unit in a care home in contravention of section 7.1;

(d) charges or collects or attempts to charge or collect rent in contravention of section 19;

(e) charges or attempts to charge rent for a rental unit in an amount greater than that permitted under this Act;

(e.1) charges or attempts to charge rent to a tenant of a rental unit in a care home in an amount greater than that permitted under this Act;

(f) contravenes section 31 (additional charges prohibited);

(g) fails to obey a work order under section 37;

(h) charges or attempts to charge a fee in contravention of subsection 99 (1);

(i) fails to file a statement of rent information under section 104 within the time required by that section or by section 109;

(i.1) fails to file a statement of care home information under section 104.1 within the time required by that section or by section 109;

(j) obstructs or interferes or attempts to obstruct or interfere with an inspector exercising a power under section 123 or 124 (right of entry);

(k) refuses to provide any information or to produce any record or other thing required by an inspector exercising a power under section 123 or 124;

(l) contravenes section 130. 1992, c. 11, s. 134 (1); 1994, c. 2, s. 29 (1).

Idem

(2) Every director or officer of a corporation who knowingly concurs in an offence is guilty of an offence. 1992, c. 11, s. 134 (2).

Same

(2.1) Nothing in subsections (1) and (2) creates an offence for an act or omission that did not give rise to an offence at the time of the act or omission. 1994, c. 2, s. 29 (2).

Penalty

(3) An individual who is convicted of an offence is liable to a fine of no more than $5,000.

Idem

(4) A person other than an individual who is convicted of an offence is liable to a fine of no more than $50,000.

Limitation

(5) No proceeding shall be commenced respecting an offence under clause (1) (a) more than two years after the date on which the facts giving rise to the offence came to the attention of the Ministry.

Idem

(6) No proceeding shall be commenced respecting any other offence under subsection (1) more than two years after the date on which the offence was, or is alleged to have been, committed.

Continuing offence

(7) An offence under clause (1) (i) continues to be an offence until the statement is filed. 1992, c. 11, s. 134 (3-7).

Regulations

135. (1) The Lieutenant Governor in Council may make regulations,

0.1 prescribing services that are to be included or not to be included in the definition of “care services” in subsection 1 (1);

0.2 prescribing care services or meals for which charges are to be included or not to be included in the definition of “rent” in subsection 1 (1);

1. prescribing the circumstances under which a group of buildings is related for the purposes of subsection 1 (3);

1.1 prescribing a time period for the purposes of subclause 3 (1) (e.1) (ii);

2. prescribing the form of a notice for the purpose of clause 3 (7) (b);

3. prescribing the form of notices for the purposes of subsection 7 (2) or (2.1);

4. prescribing the Table setting out the weights and operating cost categories needed to calculate the guideline;

5. prescribing the manner of determining the date on which two consecutive years is to start, for the purposes of subsection 7 (3);

5.1 prescribing the form of notices for the purposes of section 7.1;

5.2 prescribing the information that shall be contained in an information package for the purposes of section 9.1;

5.3 prescribing rules for determining the amount of rent charged for a rental unit and prescribing different methods of calculating or ascertaining maximum rent for different types of situations for the purposes of subsection 10 (2.2);

6. providing that under certain circumstances an amount other than the rent actually charged shall be used in the place of the rent actually charged for the purposes of subsections 10 (7) and (9) and paragraph 5 of subsection 105 (1), prescribing those circumstances and prescribing rules for determining that amount;

6.1 prescribing rules to determine the amount by which and the manner in which the maximum rent for a rental unit shall be increased for the purposes of subsection 10 (13);

7. prescribing interest rates on capital expenditures for the purposes of subsection 20 (5);

8. prescribing the useful life of work done or a thing purchased for the purposes of section 20;

9. prescribing rules for increasing or decreasing an amount set out in an advance determination for the purpose of an order under section 21;

10. prescribing the manner of adjusting the maximum rent under subsections 28 (5) and (6);

11. prescribing the rules for determining the prescribed part of an allowance for the purposes of subsection 20 (8) or the prescribed part of a justified amount for the purposes of subsection 22 (4);

12. prescribing other matters to be determined for the purposes of clause 29 (2) (d);

13. prescribing the form of notice abandoning the amount by which a claim under section 30 or 32 exceeds the monetary jurisdiction of the Small Claims Court;

14. prescribing rules for calculating interest under section 30 or 32;

14.1 prescribing care services or meals to which subsections 31 (1.1) and (4) apply or do not apply;

15. prescribing other matters that may be the subject of an application under section 33;

16. prescribing maintenance standards for the purposes of section 36;

17. prescribing rules for making findings for orders under Part I;

18. prescribing the periods for which findings should be made for an order under Part I;

19. prescribing separate charges which may be equalized immediately for the purposes of section 45;

20. prescribing rules for increasing or decreasing maximum rent for the purposes of section 46;

21. prescribing services, facilities, privileges, accommodations and things for the purposes of paragraph 2 of subsection 46 (1);

22. prescribing the method of determining maximum rent for the purposes of Part I;

23. establishing regions in Ontario for the purposes of this Act;

24. prescribing rules for the computation of time for the purpose of subsection 49 (6);

25. prescribing forms of applications under Part I and material to be furnished in respect of an application;

26. prescribing the form of a cost statement under clause 53 (a);

27. prescribing other material to be filed with an application for the purpose of clause 53 (b);

28. prescribing, for the purpose of section 99, the allowed amount of a contingency fee;

29. prescribing procedural and interpretative rules and policies to be observed by the Director, the Registrar and rent officers in the interpretation of this Act or when exercising any power or discretion conferred under this Act;

30. prescribing, for the purposes of section 104, the form of statement of rent information;

31. prescribing, for the purposes of section 103, the form of statement;

32. prescribing other information to be included in a statement under section 103;

33. prescribing, for the purposes of subsection 104 (2), the date for filing a statement of rent information;

33.1 prescribing, for the purposes of section 104.1, the form of statement of care home information;

33.2 prescribing, for the purposes of section 104.1, the date for filing a statement of care home information;

34. prescribing, for the purposes of subsection 105 (1), other information that shall be set out in a statement of rent information;

34.1 prescribing a date for the purposes of paragraph 2, 3 or 4 of subsection 105 (1.1);

34.2 prescribing, for the purposes of subsection 105 (1.1), other information that shall be set out in a statement of information;

35. prescribing, for the purposes of section 107, the form of statement of change of information;

36. prescribing changes of information that are or are not necessary to maintain the accuracy and currency of the rent registry;

37. prescribing the time before which the Registrar shall make the determinations under section 110 and give notices of rent information under section 111;

38. prescribing rules for calculating maximum rent under section 110;

39. prescribing, for the purposes of subsection 111 (3), the circumstances under which the Registrar is not required to give a notice of rent information;

40. prescribing rules the Registrar shall follow for decreasing maximum rent and selecting the date on which a decrease takes effect for the purposes of subsection 113 (1) (lower assessment);

41. prescribing the number of residential units in a residential complex for the purposes of clause 113 (1) (c);

42. prescribing rules the Registrar shall follow to calculate a reduction in maximum rent under subsection 113 (2);

43. prescribing the manner of requesting information from the rent registry;

44. prescribing rules the Registrar shall follow in limiting information provided under section 116;

45. prescribing the fees the Registrar may charge for furnishing information under section 116;

46. prescribing, for the purposes of section 132, fees for furnishing copies of forms, notices or documents;

47. defining any word or expression used in this Act that has not already been expressly defined in this Act;

48. prescribing anything that by this Act may be prescribed. 1992, c. 11, s. 135 (1); 1994, c. 2, s. 30 (1-3).

Same

(1.1) A regulation under subsection (1) may,

(a) prescribe different forms for different classes of a residential complex or care home; and

(b) be general or particular in its application. 1994, c. 2, s. 30 (4).

Idem

(2) For the purposes of paragraph 11 of subsection (1), the prescribed part of an allowance or the prescribed part of a justified amount shall be determined by reducing the allowance or justified amount by the amount that is necessary to ensure that the total of any new capital components and any increase in previously existing capital components allowed in the order or notice of carry forward and included in the maximum rent is equal to the greater of zero and the difference between,

(a) the total of all capital expenditures allowed in the order or notice of carry forward and included in the maximum rent; and

(b) 2 per cent of the previous maximum rent excluding all capital components. 1992, c. 11, s. 135 (2).

Idem

(3) A regulation under paragraph 33, 33.2 or 34.1 of subsection (1) may prescribe different dates for different classes of a residential complex and for residential complexes in different geographical areas. 1992, c. 11, s. 135 (3); 1994, c. 2, s. 30 (5).

Idem

(4) A regulation under paragraph 41 of subsection (1) may prescribe a different number of residential units in a residential complex for different municipalities. 1992, c. 11, s. 135 (4).

Repeals

136. (1) The Residential Complexes Financing Costs Restraint Act, 1982, the Residential Complexes Financing Costs Restraint Amendment Act, 1983, the Residential Complexes Financing Costs Restraint Amendment Act, 1984; section 4 of the Residential Tenancies Amendment Act, 1985 and section 128 of the Residential Rent Regulation Act, 1986 are repealed.

Saving

(2) Despite the repeal of the Residential Complexes Financing Costs Restraint Act, 1982, that Act shall be deemed to be continued in force for the purpose of hearing and making orders in respect of applications made to the Commission under section 126 of the Residential Tenancies Act, being chapter 452 of the Revised Statutes of Ontario, 1980, on or before the day preceding the day on which this section is proclaimed in force if those applications are not finally disposed of by the Commission on or before that day, and to appeals from any such orders. 1992, c. 11, s. 136.

Repeal

137. (1) The Residential Rent Regulation Act and the Residential Rent Regulation Amendment Act, 1991 are repealed.

Saving

(2) Despite the repeal of the Residential Rent Regulation Act, that Act, except subsections 102 (2) and (3), shall be deemed to be continued in force for the purpose only of continuing and finally disposing of the following matters:

1. An application made under that Act before the day this section is proclaimed in force.

2. A landlord’s justification filed under section 62 of that Act in response to a tenant’s application under section 60 of that Act or in response to a Minister’s notice proposing to make an order under subsection 60 (4) of that Act if the tenant’s application or the Minister’s notice, as the case may be, was made before the day this section is proclaimed in force.

3. A Minister’s motion under that Act, commenced by way of notice given under subsection 28 (1) of that Act.

4. An appeal or review of an order made under that Act.

5. A court proceeding to which the Minister or the Rent Review Hearings Board is a party if the proceeding was commenced before the day this section is proclaimed in force.

6. A court proceeding referred to in subsection 13 (5) of that Act. 1992, c. 11, s. 137.

Transitional

138. (1) Sections 60, 61, 70 to 73, 75 to 110, 114, 115, 117, 118, 120 to 133, clauses 134 (1) (a), (b), (f) and (g), subsections 134 (2) and (3) and subsection 135 (2) of the Residential Tenancies Act, being chapter 452 of the Revised Statutes of Ontario, 1980, as they were on the 31st day of December, 1986, shall be deemed to be continued in force for the purposes only of continuing and finally disposing of the following matters:

1. An application made under the Residential Tenancies Act before the 1st day of January, 1987.

2. An appeal of an order made under the Residential Tenancies Act.

3. A court proceeding commenced before the 1st day of January, 1987 to which the Residential Tenancy Commission is a party.

4. A court proceeding mentioned in subsection 84 (4) of the Residential Tenancies Act commenced before the 1st day of January, 1987.

Election

(2) An application under the Residential Tenancies Act made before the 1st day of January, 1987 may, at any time before the hearing of the application has commenced, at the written election of the applicant, be continued and finally disposed of as an application made under the corresponding provisions of the Residential Rent Regulation Act.

Residential Tenancy Commission

(3) For the purposes only of subsection (1), the Residential Tenancy Commission shall continue and has all the powers and jurisdiction conferred on it by the Residential Tenancies Act, and for that purpose all appointments of Commissioners and Appeal Commissioners and designations of Commissioners as members of the Board of Commissioners are confirmed and continued until the expiration of the term of appointment or a day to be named by proclamation of the Lieutenant Governor, whichever is earlier.

Single Appeal Commissioner

(4) Despite subsection 117 (7) of the Residential Tenancies Act, as it was on the 31st day of December, 1986, an appeal from an order made under subsection 129 (2) of that Act, as it was on that day, may be heard before a single Appeal Commissioner, who need not be a member of the Board of Commissioners. 1992, c. 11, s. 138.

Note: This Act was proclaimed in force August 10th, 1992.

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Rent Control Act, 1992, S.O. 1992, c. 11

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