11. (1) The provisions of this section are prescribed as rules other than those set out in subsection 10 (2) of the Act for determining the maximum rent for a rental unit on the initial rent date if the initial rent date is on or after the 10th day of August, 1992. (2) The following rules apply with respect to the determination of the maximum rent for a rental unit on the initial rent date: 1. Paragraphs 2 and 3 apply to a rental unit that, on the initial rent date, was rented to a superintendent, an employee of the landlord whose employment relates to the management of the complex or a member of the landlord’s family. 2. If an order was made, before the initial rent date, under a predecessor Act setting out the rent for a unit described in paragraph 1, the maximum rent on the initial rent date shall be deemed to be the rent set out in the order plus all increases that were permitted by law between the effective date of the ordered rent and the initial rent date. 3. If no order described in paragraph 2 was made before the initial rent date for a unit described in paragraph 1, i. the maximum rent on the initial rent date shall be deemed to be the earliest rent known since the unit became subject to a predecessor Act that was charged to a person who was not a superintendent, an employee of the landlord whose employment relates to the management of the complex or a member of the landlord’s family, plus all increases permitted by law up to the initial rent date, ii. if the maximum rent cannot be determined under subparagraph i and the rental unit is part of a residential complex containing other rental units, the maximum rent on the initial rent date shall be deemed to be the average of the rents, on the initial rent date, for all similar rental units in the complex that are not occupied by a superintendent, an employee of the landlord whose employment relates to the management of the complex or a member of the landlord’s family, or, if there are no such similar units, the maximum rent on the initial rent date shall be deemed to be what would be a reasonable rent having regard to the rents, on the initial rent date, for the other rental units in the complex, iii. if the maximum rent cannot be determined under subparagraph i or ii, the maximum rent on the initial rent date shall be deemed to be what would be a reasonable rent having regard to the rents, on the initial rent date, for similar rental units in the geographic vicinity. 4. If there is a tenancy agreement in force on the initial rent date that provides for a discount, the maximum rent shall be determined, except as provided in paragraph 5, using the undiscounted rent as of the initial rent date minus the average discount. The average discount is the total discount under the agreement averaged over the number of rental periods in one year. If the term of the tenancy agreement is more than one year, the average discount shall be calculated using the total discount under the agreement for the first year of the term. In this paragraph and in paragraph 5, “discount” includes a benefit in the nature of a discount or a decrease in rent and may be in the form of a deduction, a payment of money or the transfer of any other kind of property. 5. The maximum rent shall be determined using the undiscounted rent if, i. the tenancy agreement referred to in paragraph 4 is in writing, ii. the tenancy agreement provides for a discount in respect of the marketing of the first rental of the rental unit, iii. the total discount under the agreement does not exceed two months undiscounted rent, and iv. the rental periods in respect of which the discount is paid or deducted, which need not be consecutive, do not exceed six months. 6. If a registration statement relating to a rental unit was filed under Part V of the Residential Rent Regulation Act and subsection 4 (18) of Regulation 1007 of the Revised Regulations of Ontario, 1990, as it exists immediately before the 10th day of August, 1992, applied to the actual rent, within the meaning of the Residential Rent Regulation Act, of the rental unit, the maximum rent of the rental unit on the initial rent date shall be the actual rent determined under that subsection. O. Reg. 375/92, s. 11.