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