Rent reduction re termination of obligation to supply electricity — s. 137 (3) (c) of the Act
 4. (1) In this section, “additional charges and taxes” means, in relation to electricity for a rental unit, the charges payable by the tenant to the distributor or suite meter provider, as the case may be, for delivery of the electricity, for regulatory charges, for debt retirement charges, for billing fees and other administrative charges and for all applicable taxes but excluding any one-time setup fees and any penalties or charges related to late payment; (“frais et impôts supplémentaires”) “electricity consumption cost” means, in relation to a residential complex, the amount charged for the electricity consumed by the residential complex as set out on the invoice for the residential complex from the distributor or suite meter provider, as the case may be, under the heading “Your Electricity Charges” and the subheading “Electricity”. (“coût de la consommation d’électricité”)  O. Reg. 394/10, s. 4 (1). (2) In subsections (4), (5) and (7), “electricity consumption cost” means, in relation to a rental unit, (a)  the amount charged for the electricity consumed by the rental unit as set out on the invoice for the rental unit from the distributor or suite meter provider, as the case may be, under the heading “Your Electricity Charges” and the subheading “Electricity”, or (b)  if there is no invoice for the rental unit from the distributor or suite meter provider, the amount charged for the electricity consumed by the rental unit as determined using information obtained from the distributor or suite meter provider.  O. Reg. 394/10, s. 4 (2). (3) The following rules apply with respect to the reduction in rent required by clause 137 (3) (c) of the Act in connection with the termination of the landlord’s obligation to supply electricity to a rental unit when a meter or a suite meter is installed: 1.  The landlord shall reduce the rent on the first day of a rental period which begins no later than the day on which the landlord’s obligation to supply electricity is to be terminated. 2.  If the landlord’s obligation to supply electricity is terminated under subsection 137 (3) of the Act, the minimum amount of the reduction in rent must be determined using the method described in subsection (4) or (6). 3.  If the landlord’s obligation to supply electricity is terminated under subsection 137 (5) of the Act, the minimum amount of the reduction in rent must be determined using the method described in subsection (7). 4.  If the landlord’s obligation to supply electricity is terminated under subsection 137 (3) of the Act for more than one rental unit in a residential complex, the minimum amount of the reduction in rent for each of those rental units must be determined using the same method, except as permitted in paragraph 5. 5.  If the landlord uses the method described in subsection (6) to determine the minimum amount of the reduction in rent for one or more of the rental units in a residential complex, the landlord is permitted to change methods in a subsequent case and use the method described in subsection (4) for another rental unit in that residential complex.  However, once the landlord has chosen to use the method described in subsection (4) for any of the rental units in a residential complex, the landlord must use that method in all subsequent cases for the other rental units in that residential complex. 6.  If the landlord fails to comply with paragraph 4 or 5, the minimum amount of the reduction in rent for the rental unit in the residential complex must be determined by the method that results in the greatest reduction for the tenant.  O. Reg. 394/10, s. 4 (3). Rent reduction based upon past consumption by a rental unit (4) The minimum amount of the reduction in rent for a rental unit for a rental period may be calculated using the formula, (A + B)/C in which, “A”  is, (a)  the electricity consumption cost for the rental unit for the most recent 12-month period for which information is available preceding the date on which the information described in subsection 5 (3) is provided to the tenant, or (b)  the adjusted electricity consumption cost determined under clause (5) (a) for the rental unit for that 12-month period, if the rental unit was vacant for one or more months during that period, “B”  is the total of the additional charges and taxes for the rental unit for the following 12-month period, as estimated with reference to, (a)  the electricity actually consumed by the rental unit for the 12-month period described in “A”, or (b)  the electricity notionally consumed by the rental unit for the 12-month period described in “A”, as determined under clause (5) (b), if the rental unit was vacant for one or more months during that period, and “C”  is the number of rental periods in a 12-month period. O. Reg. 394/10, s. 4 (4). (5) If the rental unit is vacant for one or more months during the 12-month period described in the definition of “A” in subsection (4), (a)  the adjusted electricity consumption cost to be used in the definition of “A” is the amount calculated using the formula, (D/F) × 12 in which, “D”  is the electricity consumption cost for the rental unit for the portion of the 12-month period during which the rental unit was occupied, and “F”  is the number of full months for which the rental unit was occupied during the 12-month period; and (b)  the electricity notionally consumed by the rental unit for the 12-month period described in the definition of “A” in subsection (4) is the amount calculated using the formula, (E/F) × 12 in which, “E”  is the electricity consumed by the rental unit for the portion of the 12-month period during which the rental unit was occupied, and “F”  is the number of full months for which the rental unit was occupied during the 12-month period. O. Reg. 394/10, s. 4 (5). Rent reduction based upon estimated past consumption by a rental unit (6) The minimum amount of the reduction in rent for a rental unit for a rental period may be calculated in accordance with the following rules: 1.  Calculate the annual electricity consumption cost for all rental units in the residential complex, using the formula, G – H in which, “G”  is the electricity consumption cost for the residential complex for the most recent 12-month period for which information is available preceding the date on which the information described in subsection 5 (3) is provided to the tenant, and “H”  is the electricity consumption cost for the same 12-month period for the portion of the residential complex other than the rental units, as estimated by an individual who holds a licence under the Professional Engineers Act. 2.  Calculate the annual amount of electricity consumed by all rental units in the residential complex, using the formula, J – K in which, “J”  is the electricity consumed by the residential complex for the most recent 12-month period for which information is available preceding the date on which the information described in subsection 5 (3) is provided to the tenant, and “K”  is the electricity consumed for the same 12-month period for the portion of the residential complex other than the rental units, as estimated by an individual who holds a licence under the Professional Engineers Act. 3.  Calculate the estimated annual electricity consumption cost for the rental unit, using the formula, (L × N)/P in which, “L”  is the amount of the annual electricity consumption cost for all rental units in the residential complex as calculated under paragraph 1, “N”  is the area of the rental unit, expressed in square feet, and “P”  is the total area of all rental units in the residential complex, expressed in square feet. 4.  Calculate the estimated annual amount of electricity consumed by the rental unit, using the formula, (M × N)/P in which, “M”  is the annual amount of electricity consumed by all rental units in the residential complex as calculated under paragraph 2, “N”  is the area of the rental unit, expressed in square feet, and “P”  is the total area of all rental units in the residential complex, expressed in square feet. 5.  Calculate the estimated cost of supplying electricity to the rental unit for a rental period, using the formula, (Q + R)/S in which, “Q”  is the estimated annual electricity consumption cost for the rental unit as calculated under paragraph 3, “R”  is the total of the additional charges and taxes for the rental unit for the following 12-month period, as estimated with reference to the estimated annual amount of electricity consumed by the rental unit as calculated under paragraph 4, and “S”  is the number of rental periods in a 12-month period. 6.  The amount calculated under paragraph 5 is the amount of the rent reduction for the rental unit for a rental period.  O. Reg. 394/10, s. 4 (6). Rent reduction for a rental unit with electrical heating (7) If the landlord’s obligation to supply electricity to a rental unit is terminated under subsection 137 (5) of the Act, the minimum amount of the reduction in rent for the rental unit for a rental period is calculated using the formula, (T + U)/V in which, “T”  is, (a)  the electricity consumption cost for the rental unit for the most recent 12-month period for which information is available preceding the date on which the information described in subsection 5 (3) is provided to the tenant, excluding the portion that is attributable to the consumption of electricity for heat, or (b)  the adjusted electricity consumption cost determined under clause (8) (a) for the rental unit for that 12-month period, excluding the portion that is attributable to the consumption of electricity for heat, if the rental unit was vacant for one or more months during that period, “U”  is the total of the additional charges and taxes for the rental unit for the following 12-month period, as estimated with reference to, (a)  the electricity consumed by the rental unit for the 12-month period described in “T”, excluding the electricity consumed for heat, or (b)  the electricity notionally consumed by the rental unit for the 12-month period described in “T”, as determined under clause (8) (b), excluding the electricity consumed for heat, if the rental unit was vacant for one or more months during that period, and “V”  is the number of rental periods in a 12-month period. O. Reg. 394/10, s. 4 (7). (8) If the rental unit is vacant for one or more months during the 12-month period described in the definition of “T” in subsection (7), (a)  the adjusted electricity consumption cost to be used in the definition of “T” is the amount calculated using the formula, (W/Y) × 12 in which, “W”  is the electricity consumption cost for the rental unit for the portion of the 12-month period during which the rental unit was occupied, excluding the portion that is attributable to the consumption of electricity for heat, and “Y”  is the number of full months for which the rental unit was occupied during the 12-month period; and (b)  the electricity notionally consumed by the rental unit for the 12-month period described in the definition of “U” in subsection (7) is the amount calculated using the formula, (X/Y) × 12 in which, “X”  is the electricity consumed by the rental unit for the portion of the 12-month period during which the rental unit was occupied, excluding the electricity consumed for heat, and “Y”  is the number of full months for which the rental unit was occupied during the 12-month period. O. Reg. 394/10, s. 4 (8).