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ontario regulation 256/10

made under the

residential tenancies act, 2006

Made: June 15, 2010
Filed: June 22, 2010
Published on e-Laws: June 23, 2010
Printed in The Ontario Gazette: July 10, 2010

Amending O. Reg. 516/06

(General)

1. (1) Section 10 of Ontario Regulation 516/06 is amended by adding the following subsection:

Prescribed conditions under s. 111 (2) and (2.1), par. 1 of the Act

(0.1) The only condition prescribed for the purpose of subsection 111 (2) of the Act is that the discount must be provided for in a written or oral agreement.

(2) Subsection 10 (1) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(1) The following conditions are prescribed for the purpose of paragraph 1 of subsection 111 (2.1) of the Act:

. . . . .

(3) Subsection 10 (2) of the Regulation is revoked.

2. Subsection 11 (1) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

Prescribed discounts under s. 111 (2.1), par. 2 of the Act

(1) The following discounts are prescribed for the purposes of paragraph 2 of subsection 111 (2.1) of the Act:

. . . . .

3. (1) Subsection 12 (4) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(4) Despite subsections (2) and (3), if the landlord provides a discount in rent described in subsection 111 (2) of the Act and another discount, other than a discount described in subsection 111 (2.1) of the Act, the lawful rent for any rental period in the 12-month period shall be calculated in the following manner:

. . . . .

(2) Paragraph 1 of subsection 12 (4) of the Regulation is amended by striking out “clause 111 (2) (b) of the Act” and substituting “subsection 111 (2) of the Act”.

(3) Subsection 12 (5) of the Regulation is amended by striking out “clause 111 (2) (a) or (c) of the Act” in the portion before paragraph 1 and substituting “subsection 111 (2.1) of the Act”.

4. (1) Clause 24 (1) (a) of the Regulation is revoked and the following substituted:

(a) include, for an application filed on or after July 1, 2010, any provincial sales tax and harmonized sales tax paid by the landlord in respect of the capital expenditures or operating costs, but not in respect of operating costs for utilities;

(2) Section 24 of the Regulation is amended by adding the following subsections:

(1.1) In determining the amount of any capital expenditures or the amount of operating costs in an application under section 126 of the Act that is filed before July 1, 2010, the Board shall include the goods and services tax and provincial sales tax paid by the landlord in respect of the capital expenditures or operating costs.

. . . . .

(4) In this section,

“harmonized sales tax” means any tax imposed under Part IX of the Excise Tax Act (Canada).

5. Section 35 of the Regulation is amended by adding the following subsections:

(12) If the order referred to in subsection (1) is based on an application filed on or after July 1, 2010, the current utility costs cannot include any provincial sales tax or harmonized sales tax paid by the landlord in respect of the utility.

(13) In this section,

“harmonized sales tax” means any tax imposed under Part IX of the Excise Tax Act (Canada).

6. This Regulation comes into force on the later of July 1, 2010 and the day it is filed.

 

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