Definitions
1. (1) In this Act, “capital component”, in respect of maximum rent, means the capital component of the maximum rent for a particular capital expenditure, as determined under subsection 20 (8) or 22 (4), as the case may be; (“élément d’immobilisations”) “care home” means a residential complex that is occupied or intended to be occupied by persons for the purpose of receiving care services, whether or not receiving the services is the primary purpose of the occupancy, but does not include a residential complex that has been converted to use as a care home contrary to the Rental Housing Protection Act; (“maison de soins”) “care services” means, subject to the regulations made under this Act, (a) health care services, (b) rehabilitative or therapeutic services, or (c) services that provide assistance with the activities of daily living; (“services en matière de soins”) “Director” means the Director of Rent Control appointed under section 120; (“directeur”) “guideline”, in respect of a rental unit in a residential complex, means the rent control guideline determined under section 12 for that residential complex; (“taux légal”) “landlord” includes, (a) the owner or other person permitting occupancy of a rental unit, (b) the heirs, assigns, personal representatives and successors in title of a person referred to in clause (a), and (c) a person, other than a tenant occupying a rental unit in a residential complex, who is entitled to possession of the residential complex and who attempts to enforce any of the rights of a landlord under a tenancy agreement or this Act, including the right to collect rent; (“locateur”) “maximum rent” means the lawful maximum rent for a rental unit; (“loyer maximal”) “Minister” means the Minister of Housing; (“ministre”) “Ministry” means the Ministry of Housing; (“ministère”) “mobile home” means any dwelling that is designed to be made mobile and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer, tent trailer or a trailer otherwise designed; (“maison mobile”) “mobile home park” means the rental units, and the land, structures, services and facilities of which the landlord retains possession and that are intended for the common use and enjoyment of the tenants of the landlord where two or more occupied mobile homes are located for a period of sixty days or more; (“parc de maisons mobiles”) “non-profit co-operative housing corporation” means a corporation incorporated without share capital under the Co-operative Corporations Act or any predecessor of it or under similar legislation of Canada or any province, the main purpose and activity of which is the provision of housing for its members, and the charter, by-laws or articles of which provide that, (a) its activities shall be carried on without the purpose of gain for its members, (b) on dissolution, its property after payment of its debts and liabilities, shall be transferred to or distributed among one or more non-profit housing co-operatives or charitable organizations, (c) housing charges, other charges similar to rent, or any other charges payable by members are decided by a vote of the members or of a body duly elected or appointed by the members, or a committee of that body, (d) termination of occupancy rights may be brought about only by a vote of the members or of a body duly elected or appointed by the members or a committee of that body, which vote is not taken until after the member whose occupancy rights are terminated is given a right to appear and make representations; (“coopérative de logement sans but lucratif”) “person”, or any expression referring to a person, means an individual, sole proprietorship, partnership, limited partnership, trust, body corporate, and an individual in his or her capacity as a trustee, executor, administrator or other legal representative; (“personne”) “prescribed” means prescribed by the regulations made under this Act; (“prescrit”) “rent” includes the amount of any consideration paid or given or required to be paid or given by or on behalf of a tenant to a landlord or the landlord’s agent for the right to occupy a rental unit and for any services and facilities or any privilege, accommodation or thing that the landlord provides for the tenant in respect of the occupancy of the rental unit, whether or not a separate charge is made for services and facilities or for the privilege, accommodation or thing, but “rent” does not include, (a) any amount, (i) paid by a tenant to a landlord to reimburse the landlord for property taxes paid by the landlord to a municipality in respect of a mobile home, or a home which is a permanent structure owned by a tenant, and (ii) in respect of which the landlord can establish the portion of the municipal taxes that relates to the tenant’s mobile home or home which is a permanent structure; or (b) subject to the regulations made under this Act, any amount that a landlord charges a tenant of a rental unit in a care home for care services or meals; (“loyer”) “rental unit” means any living accommodation, site for a mobile home or site on which there is a single-family dwelling that is a permanent structure where the living accommodation or site is used or intended for use as rented residential premises and includes a room in a boarding house or lodging house and a unit in a care home; (“logement locatif”) “residential complex” means, (a) a building or related group of buildings in which one or more rental units are located, (b) a mobile home park in which one or more rental units are located, (c) a site that is a rental unit, or (d) a related group of sites each of which is a rental unit, and “residential complex” includes all common areas and services and facilities available for the use of its residents; (“ensemble d’habitation”) “residential unit” means any living accommodation, site for a mobile home or site on which there is a single-family dwelling that is a permanent structure where the living accommodation or site is used or intended for use as residential premises and includes a room in a boarding house or lodging house and a unit in a care home; (“unité de logement”) “services and facilities” includes, (a) furniture, appliances and furnishings, (b) parking and related facilities, (c) laundry facilities, (d) elevator facilities, (e) common recreational facilities, (f) garbage facilities and related services, (g) cleaning and maintenance services, (h) storage facilities, (i) intercom systems, (j) cablevision facilities, (k) heating facilities and services, (l) air-conditioning facilities, (m) utilities and related services, (n) security services and facilities; (“services et installations”) “tenancy agreement” means an agreement between a landlord and a tenant for occupancy of a rental unit, whether the agreement is written, oral or implied; (“bail”) “tenant” means a person who pays rent in return for the right to occupy a rental unit and includes the tenant’s heirs, assigns and personal representatives, but “tenant” does not include a person who has the right to occupy a rental unit by virtue of being, (a) a co-owner of the residential complex in which the rental unit is located, or (b) a shareholder of a corporation that owns the residential complex. (“locataire”) 1992, c. 11, s. 1 (1); 1994, c. 2, s. 8 (1-4). Rental unit, clarification (2) A rented site for a mobile home or a single-family dwelling is a rental unit for the purpose of subsection (1) even if the mobile home or the single-family dwelling on the site is owned by the tenant of the site. Residential complex, clarification (3) Unless otherwise prescribed, a group of buildings is related for the purpose of subsection (1) if the buildings are owned by the same person or related persons, the buildings are located close to one another and, (a) the buildings share common services and facilities; or (b) the buildings are managed and administered as one business operation. 1992, c. 11, s. 1 (2, 3). Initial rent date (4) A reference in this Act to the initial rent date for a rental unit shall, except where otherwise prescribed, be deemed to be a reference to the date set out in the first of the following paragraphs that applies to the rental unit: 1. In the case of a rental unit in a residential complex to which subsection 3 (7) applies, the date on which Part I first applies to it. 1.1 In the case of a rental unit in a care home, where the rental unit is described in subsection (5), i. the day it is first rented after November 23, 1993, if it was not rented on that day, or ii. November 23, 1993, otherwise. 2. In the case of a rental unit to which Part VI or VI.1 of the Residential Rent Regulation Act did not apply, i. the day it is first rented after the day this section is proclaimed in force if it was not rented on or before that day, or ii. the day this section is proclaimed in force, otherwise. 3. In the case of a rental unit in a residential complex containing six or fewer residential units or of a rental unit in a residential complex that is a boarding house or a lodging house, i. the date it is first rented, if it was not rented on or before the 1st day of October, 1990, ii. the 1st day of October, 1990, if it was rented on that date. 4. In the case of a rental unit in a residential complex containing seven or more residential units, i. the date it is first rented after the 1st day of July, 1985, if it was not rented on or before that day, ii. the 1st day of July, 1985, otherwise. 1992, c. 11, s. 1 (4); 1994, c. 2, s. 8 (5). Same, care home (5) Paragraph 1.1 of subsection (4) applies to a rental unit if, (a) the rental unit was not subject to rent regulation under this Act on November 22, 1993; or (b) the following conditions are met: 1. The rental unit was subject to rent regulation under this Act on November 22, 1993. 2. No order had been made as of November 22, 1993 finding that any rental unit in the residential complex in which the rental unit is located was subject to rent regulation under this Act or a predecessor of this Act. 3. The residential complex in which the rental unit is located is a care home on November 23, 1993. 1994, c. 2, s. 8 (6).