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. ______________ Français