Regulations
208. (1) The Lieutenant Governor in Council may make regulations, 1. prescribing services that are to be included or not included in the definition of “care services” in subsection 1 (1); 2. prescribing charges not to be included in the definition of “municipal taxes and charges” in subsection 1 (1); 3. prescribing circumstances under which one or more rental units that form part of a residential complex, rather than the entire residential complex, are care homes for the purposes of the definition of “care home” in subsection 1 (1); 4. providing that specified provisions of this Act do not apply with respect to specified classes of accommodation; 5. prescribing classes of accommodation for the purposes of clause 3 (m); 6. prescribing grounds of an application for the purposes of clause 7 (1) (b); 7. respecting the rules for making findings for the purposes of subsection 7 (2); 7.1 prescribing for the purposes of section 26, paragraph 6 of subsection 32 (1) and subsection 35 (1), i. standards and criteria to be applied by the Tribunal in determining if a landlord, superintendent or agent of a landlord has substantially interfered with the reasonable enjoyment of a rental unit or residential complex in carrying out maintenance, repairs or capital improvements to the unit or complex, and ii. criteria to be applied by the Tribunal in determining whether to order an abatement of rent under subsection 35 (1) when a landlord, superintendent or agent of a landlord is found to have substantially interfered with the reasonable enjoyment of a rental unit or residential complex in carrying out maintenance, repairs or capital improvements to the unit or complex and rules for calculating the amount of the abatement; 8. prescribing the information that shall be contained in an information package for the purposes of section 92; 9. prescribing rules for determining the amount by which rent charged to a new tenant may exceed the last lawful rent charged for the purposes of section 114; 10. prescribing services and things for the purposes of section 116; 11. prescribing rules for calculating the lawful rent which may be charged where a landlord provides a tenant with a discount in rent at the beginning of, or during, a tenancy and the rules may differ for different types of discounts; 12. prescribing rules for the calculation of lawful rent where the rent a landlord charges for the first rental period of a tenancy is greater than the rent the landlord charges for any subsequent rental period; 13. prescribing the circumstances under which lawful rent for the purposes of section 123 will be other than that provided for in section 123 and providing the lawful rent under those circumstances; 14. prescribing the Table setting out the weights and operating costs categories needed to calculate the guideline; 15. respecting rules for increasing or decreasing rent charged for the purposes of sections 132 and 134; 16. prescribing services, facilities, privileges, accommodations and things for the purposes of paragraph 2 of subsection 132 (1); 17. prescribing rules with respect to making findings in an order under section 138 and prescribing time periods during which rent increases may be taken; 18. prescribing the rules for phasing in of an increase in rent for the purposes of subsection 138 (10); 19. prescribing rules for the purposes of section 139; 20. exempting specified payments from the operation of section 140; 21. prescribing the rules for making findings for the purposes of subsection 142 (3); 22. prescribing the rules for making findings for the purposes of subsection 143 (2) and for determining the effective date for an order under section 143; 23. prescribing maintenance standards for the purposes of section 154; 24. prescribing other criteria for determining areas in which maintenance standards apply for the purposes of subsection 154 (1); 25. respecting the amount or the determination of the amount the Minister may charge a municipality for the purposes of subsection 154 (4), including payments to inspectors, overhead costs related to inspections and interest on overdue accounts; 26. prescribing information to be filed with an application to the Tribunal; 27. respecting the appointment, including the status, duties and benefits, of employees of the Tribunal for the purposes of section 166; 28. restricting the circumstances in which the Tribunal may, under section 182, require a respondent to make a payment into the Tribunal; 29. governing the management and investment of money paid into the Tribunal, providing for the payment of interest on money paid into the Tribunal and fixing the rate of interest so paid; 30. prescribing an amount for the purposes of subsection 199 (1); 30.1 governing electronic documents for the purposes of section 198.1, including specifying the types of documents that may be dealt with electronically for the purposes of that section, regulating the use of electronic signatures in such documents and providing for the creating, filing, providing, issuing, sending, receiving, storing, transferring and retaining of such documents; 31. prescribing the form of a search warrant for the purposes of section 204; 32. prescribing any matter required or permitted by this Act to be prescribed; 33. defining any word or expression used in this Act that has not already been expressly defined in this Act. 1997, c. 24, s. 208 (1); 2000, c. 26, Sched. K, s. 6 (33); 2001, c. 9, Sched. J, s. 4 (13). Same (2) A regulation made under subsection (1) may be general or particular in its application. 1997, c. 24, s. 208 (2). 209.-222. Omitted (amends or repeals other Acts). 1997, c. 24, ss. 209-222. 223. Omitted (provides for transition). 1997, c. 24, s. 223. 224.-227. Omitted (amends or repeals other Acts). 1997, c. 24, ss. 224-227. 228. Omitted (provides for coming into force of provisions of this Act). 1997, c. 24, s. 228. 229. Omitted (enacts short title of this Act). 1997, c. 24, s. 229. Note: The following transitional provisions were enacted as section 223 of the Tenant Protection Act, 1997: Transitional Transitional provisions 223. (1) Despite the prior repeal of the Residential Rent Regulation Act, that Act 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 August 10, 1992. 2. An appeal or review of an order made under that Act. 3. A court proceeding to which the Minister or the Rent Review Hearings Board is a party if the proceeding was commenced before August 10, 1992. 4. A court proceeding referred to in subsection 13 (5) of that Act. (2) Despite the repeal of the Rent Control Act, 1992, that Act 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. An appeal or reconsideration of an order made under that Act. 3. A court proceeding to which the Minister, the Director, the Registrar or a rent officer is a party if the proceeding was commenced before the day this section is proclaimed in force. 4. A court proceeding in which the sum claimed exceeds the monetary jurisdiction referred to in section 30 of that Act. 5. The filing of notices of intent and the issuing of notices of carry forward under section 22 of that Act. 6. A written complaint received by the Director under section 36 of that Act. 7. The staying of orders made under section 38 of that Act and the lifting of those stays. (3) Despite the repeal of the Rent Control Act, 1992, a notice of rent increase or a notice of increased charges in a care home prescribed under that Act may be used for the purposes of this Act any time within two months after this subsection comes into force. (4) Any outstanding matter in a proceeding commenced before the day this section comes into force that would have been determined by the Minister or the Rent Review Hearings Board under the Residential Rent Regulation Act or by a rent officer under the Rent Control Act, 1992 shall be determined by the Tribunal unless the hearing has already commenced before the day this subsection comes into force. (5) An order issued under section 38 of the Rent Control Act, 1992 or section 15 of the Residential Rent Regulation Act shall remain in force with respect to a rental unit until: (a) the work order which resulted in the order is lifted by the authority which issued the work order; (b) the work order which resulted in the order is quashed or rescinded on appeal; or (c) the tenant who is the tenant when this subsection comes into force or an assignee under section 17 of that tenant, is no longer the tenant of the rental unit. (6) All orders issued under section 43 of the Rent Control Act, 1992 or section 66 of the Residential Rent Regulation Act are void on the day this subsection comes into force. (7) All work orders issued under section 37 of the Rent Control Act, 1992 or subsection 16 (4) of the Residential Rent Regulation Act shall be deemed to be work orders issued under section 155 of this Act and may be lifted by an inspector where the inspector is satisfied that the work order has been complied with. (8) Despite the repeal of Part IV of the Landlord and Tenant Act, that Part shall be deemed to be continued in force for the purpose only of continuing and finally disposing of any applications commenced before the day this subsection comes into force, including any appeals with respect to those applications. (9) Despite the repeal of Part IV of the Landlord and Tenant Act, a notice of termination prescribed under that Act may be used for the purposes of this Act any time within two months after this subsection comes into force. (10) Despite the repeal of the Rental Housing Protection Act, that Act shall be deemed to be continued in force for the purpose only of continuing and finally disposing of any proceedings commenced before the day this subsection comes into force, including any appeals with respect to those proceedings. (11) Sections 54, 55, 57, 58 and 59 of this Act do not apply where a landlord has obtained approval from the municipality under the Rental Housing Protection Act with respect to the activities referred to in those sections. See: 1997, c. 24, s. 223. ______________ Français