Utilities
 35. (1) If, on an application made under subsection 126 (1) of the Act before January 1, 2018, the Board has issued an order under subsection 126 (10) of the Act permitting an increase in rent that is due in whole or in part to an extraordinary increase in the cost of utilities, and the landlord has taken the increase in whole or in part, the landlord shall provide, in a form approved by the Board, information to a tenant who was subject to the order and continues to reside in the unit to which the order applied in accordance with the rules set out in this section.  O. Reg. 516/06, s. 35 (1); O. Reg. 562/17, s. 11. (2) The information shall be provided on or before the anniversary of the first effective date of the rent increase set out in the order each year for five years following the first effective date.  O. Reg. 516/06, s. 35 (2). (3) The information shall include, (a)  the total amount of the adjusted base year utility costs for the residential complex or building as set out in the order; (b)  the current utility costs; (c)  if the amount in clause (b) is less than the amount in clause (a), the determinations made under section 36; and (d)  if applicable, the percentage and dollar amount of the rent reduction and the date it takes effect.  O. Reg. 516/06, s. 35 (3). (4) Subsection (1) ceases to apply to a tenant if the landlord has provided the tenant with rent reductions under subsection 128 (3) of the Act and the total amount of those reductions is
equal to the lesser of the following amounts: 1.  The amount of the increase permitted under subsection 126 (10) of the Act that is set out in the order as related to utilities. 2.  The amount of the increase taken for utilities, as determined under section 34.  O. Reg. 516/06, s. 35 (4). (5) Upon the request of a tenant who was subject to the order, the landlord shall provide electronic copies of all utility bills used to justify current utility costs in portable document format.  O. Reg. 516/06, s. 35 (5); O. Reg. 37/20, s. 3 (1). (6) The landlord is only required to provide the information requested under subsection (5) upon a request made by the tenant within two years from the date the information under this section was given.  O. Reg. 516/06, s. 35 (6). (7) The information referred to in subsection (5) shall be provided at no charge to the tenant.  O. Reg. 516/06, s. 35 (7); O. Reg. 37/20, s. 3 (2). (8) Instead of providing the electronic copies referred to in subsection (5), the landlord and the tenant may agree that the landlord will provide the tenant with a photocopy of the information required under subsection (5), for no more than the landlord’s reasonable out-of-pocket costs for the photocopying. O. Reg. 37/20, s. 3 (3). (9) Revoked: O. Reg. 37/20, s. 3 (3). (10) In this section and section 36, “current utility costs” means, (a)  the costs covering the most recent of the subsequent 12-month periods which begin and end on the same days of the year as the base year used in the previous order, multiplied, where applicable, by the allocation factor determined under subsection 24 (2) or (3) and set out in the order, or (b)  the amount determined in accordance with subsection (11), if, (i)  the landlord no longer provides one or more utilities to the residential complex or to other parts of a larger project that the residential complex forms part of, and (ii)  an allocation factor was determined under section 24 (2) or (3) and set out in the order.  O. Reg. 516/06, s. 35 (10). (11) The amount referred to in clause (b) of the definition of “current utility costs” in subsection (10) shall be determined in accordance with the following rules: 1.  If the landlord no longer provides one or more utilities to all or part of the non-residential portions of the project, i.  multiply the total base year utility costs for the project as set out in the order by the percentage that was set out in the order for each utility that the landlord no longer provides to all or part of the non-residential portions of the project, ii.  subtract the allocation factor determined under subsection 24 (2) or (3) and set out in the order from 1, and iii.  for each utility that the landlord no longer provides to all or part of the non-residential portions of the project, multiply the amount determined under subparagraph i by the amount determined under subparagraph ii. 2.  If the landlord no longer provides one or more utilities to part of the non-residential portions of the project, the landlord shall, for each of those utilities, modify the amount determined under subparagraph 1 iii to reflect the proportion of the non-residential portion of the project to which he or she still provides the utility, in a manner consistent with the original methodology used to apportion the costs under subsection 24 (2) or (3), as described in the order. 3.  If the landlord no longer provides one or more utilities to all or part of the residential portions of the project, for each of those utilities, i.  multiply the total base year utility costs for the project as set out in the order by the percentage that was set out in the order for the utility, ii.  multiply the amount determined in subparagraph i by the allocation factor determined in subsection 24 (2) or (3) and set out in the order, and iii.  multiply the amount determined under subparagraph ii by the number of rental units for which the landlord no longer provides the utility divided by the total number of rental units for which the landlord provided the utility at the time the increase was ordered. 4.  Add the following amounts: i.  The utility costs covering the most recent of the subsequent 12-month periods which begin and end on the same days of the year as the base year used in the previous order. ii.  The amounts determined under subparagraph 1 iii, if any, for utilities that the landlord no longer provides to all the non-residential portions of the project. iii.  The amounts determined under paragraph 2, if any, for utilities that the landlord no longer provides to part of the non-residential portions of the project. iv.  The amounts determined under subparagraph 3 iii, if any, for utilities that the landlord no longer provides to all or part of the residential portions of the project. 5.  Multiply the amount determined under paragraph 4 by the allocation factor determined in subsection 24 (2) or (3) and set out in the order. 6.  Subtract from the amount determined under paragraph 5 the sum of the amounts determined under subparagraph 3 iii, if any, for utilities that the landlord no longer provides to all or part of the residential portions of the project.  O. Reg. 516/06, s. 35 (11). (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.  O. Reg. 256/10, s. 5. (13) In this section, “harmonized sales tax” means any tax imposed under Part IX of the Excise Tax Act (Canada).  O. Reg. 256/10, s. 5.