jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
 1. In this Regulation, “distributor” has the same meaning as in section 3 of the Ontario
Energy Board Act, 1998.  O. Reg. 394/10, s. 1. Suite Meters
Suite Meters
nan
Notice of interruption in supply of electricity — s. 137 (2) (c) of the Act
 2. The following rules apply with respect to the notice that a landlord is required by clause 137 (2) (c) of the Act to provide to a tenant in connection with the interruption of the supply of electricity to a rental unit when a suite meter is installed: 1.  Written notice must be given at least 24 hours before the supply of electricity is to be interrupted. 2.  The notice must specify the date and time between the hours of 8 a.m. and 6 p.m. when the interruption is to occur. 3.  The notice must describe the anticipated duration of the interruption.  O. Reg. 394/10, s. 2.
Notice of termination of obligation to supply electricity — s. 137 (3) (b) of the Act
 3. The following rules apply with respect to the notice that a landlord is required by clause 137 (3) (b) of the Act to provide to a tenant in connection with the termination of the landlord’s obligation to supply electricity to a rental unit when a meter or a suite meter is installed: 1.  Written notice must be given at least 30 days before the landlord’s obligation to supply electricity is to be terminated. 2.  The notice must specify the date when the obligation is terminated.  O. Reg. 394/10, s. 3.
Information for tenants — s. 137 (4) of the Act
 5. (1) The information described in this section is the information that a landlord is required by subsection 137 (4) of the Act to provide to a tenant before obtaining the tenant’s written consent to the termination of the landlord’s obligation to supply electricity to a rental unit.  O. Reg. 394/10, s. 5 (1). (2) The tenant must be given a statement in writing that the tenant is not required to consent to the termination of the landlord’s obligation to supply electricity to the rental unit.  O. Reg. 394/10, s. 5 (2). (3) The tenant must be given information in writing about the amount of the rent reduction for the rental unit and how the reduction is calculated.  O. Reg. 394/10, s. 5 (3). (4) The tenant must be given the following information in writing concerning the distributor or suite meter provider supplying the electricity to the rental unit: 1.  Contact information for the distributor or suite meter provider. 2.  A statement that the distributor or suite meter provider may require a security deposit from the tenant. 3.  Information about the distributor’s or suite meter provider’s security deposit policy, if a security deposit may be required. 4.  A statement describing the types of any fees to be imposed on the tenant by the distributor or suite meter provider, and setting out the amount of the fees or, if the amount is not known, a description of how the fees are calculated. 5.  A statement indicating the circumstances in which the fees charged by the distributor or suite meter provider may increase. 6.  Information about the amount of any planned increases in the fees charged by the distributor or suite meter provider. 7.  A statement that the distributor or suite meter provider may shut off the electricity supply to the rental unit if an amount payable by the tenant is overdue.  O. Reg. 394/10, s. 5 (4). (5) Upon request, the tenant must be given a copy of the agreement, if any, between the landlord and the distributor or suite meter provider.  O. Reg. 394/10, s. 5 (5). (6) The tenant must be given contact information in writing for the Ontario Energy Board and a written statement indicating that the tenant can contact the Ontario Energy Board about any dispute with the distributor or suite meter provider.  O. Reg. 394/10, s. 5 (6). (7) If the landlord provides a refrigerator for the rental unit, the tenant must be given, in writing, the best information that is available to the landlord about the date of manufacture of the refrigerator and any available information about the energy efficiency of the refrigerator.  O. Reg. 394/10, s. 5 (7).
Termination of obligation where primary heat source is electricity — s. 137 (5) of the Act
 6. Where the primary source of heat in a rental unit is generated by means of electricity, the following are the circumstances and conditions referred to in subsection 137 (5) of the Act under which a landlord is permitted to terminate an obligation to supply electricity to the unit, but the landlord is permitted to do so only if both of the circumstances and conditions exist: 1.  The electricity supply for the provision of heat in the rental unit is not connected to the meter or suite meter that measures the electricity supplied to the unit for other uses. 2.  The landlord does not terminate the obligation to supply electric heat.  O. Reg. 394/10, s. 6.
Tenant’s request to adjust the rent reduction — s. 137 (6) of the Act
 7. For the purposes of subsection 137 (6) of the Act, there are no prescribed circumstances in which a tenant may request that the landlord adjust the rent reduction provided under subsection 137 (3) of the Act and provide a rebate.  O. Reg. 394/10, s. 7. 8., 9. Revoked: O. Reg. 693/20, s. 1.
Electricity conservation and efficiency duties of landlord — s. 137 (9) of the Act
 10. (1) The rules set out in this section apply with respect to the landlord’s duties under subsection 137 (9) of the Act respecting electricity conservation and efficiency.  O. Reg. 394/10, s. 10 (1). (2) If the landlord provides a refrigerator for a rental unit, the refrigerator must be one that is manufactured on or after January 1, 1994.  O. Reg. 394/10, s. 10 (2). (3) If the landlord replaces a refrigerator in a rental unit, the replacement refrigerator must be one that is manufactured on or after December 31, 2002.  O. Reg. 394/10, s. 10 (3). (4) If, on October 13, 2010, the tenant is being billed by the distributor or suite meter provider for electricity use in a rental unit, the rule set out in subsection (2) does not apply with respect to the rental unit until two years after the date on which subsection 137 (9) of the Act comes into force.  O. Reg. 394/10, s. 10 (4).
Electricity conservation and efficiency duties in other prescribed circumstances — s. 137 (10) of the Act
 11. A landlord has the duty to comply with the electricity conservation and efficiency obligations required by subsection 137 (10) of the Act in the following circumstances: 1.  In any circumstance in which the landlord is not obligated to supply electricity to the rental unit, other than as a result of the termination under section 137 of the Act of the landlord’s obligation.  O. Reg. 394/10, s. 11.
Tenant’s application for order re breach of landlord’s obligations — s. 137 (11) of the Act
 12. The following are the circumstances in which a tenant or former tenant of a rental unit may apply under subsection 137 (11) of the Act for an order determining whether the landlord has breached an obligation under section 137 of the Act: 1.  An application concerning a breach of subsection 137 (2), (3), (4), (5), (7) or (8) of the Act must be made within one year after the alleged breach first occurred. 2.  There are no restrictions on the circumstances in which an application concerning a breach of subsection 137 (9) or (10) of the Act may be made.  O. Reg. 394/10, s. 12. Apportionment of Utility Costs
Apportionment of Utility Costs
nan
Calculation of the tenant’s portion of utility cost — s. 138 (1) of the Act
 13. (1) The following rules apply if, under subsection 138 (1) of the Act, a landlord of a building containing not more than six rental units who supplies a utility to each of the rental units in the building charges the tenant a portion of the cost of the utility: 1.  Subject to paragraph 2, the portion of the cost to be charged to the tenant for a billing period must be determined in accordance with a method described in subsection (2) or (3). 2.  If the cost is being apportioned among tenants in more than one rental unit, the portion of the cost apportioned to each of those rental units must be determined using the same method. 3.  The rules set out in paragraphs 1 and 2 do not apply with respect to a particular utility if, immediately before the date on which subsection 138 (1) of the Act comes into force, the landlord was charging any tenant in the building a portion of the cost of that utility.  O. Reg. 394/10, s. 13 (1). (2) The cost of the utility may be apportioned to a rental unit by dividing the total cost of the utility for all of the residential units in the building and the related common areas for each billing period by the number of residential units in the building.  O. Reg. 394/10, s. 13 (2). (3) The cost of the utility may be apportioned to a rental unit by dividing the total cost of the utility for all of the residential units in the building and the related common areas for each billing period by the total square footage of all residential units in the building, and multiplying the resulting amount by the square footage of the applicable tenant’s rental unit.  O. Reg. 394/10, s. 13 (3). (4) For the purposes of subsections (2) and (3), the total cost of the utility does not include any penalties or charges related to late payment.  O. Reg. 394/10, s. 13 (4).
Notice of apportionment of utility cost — s. 138 (1) (a) of the Act
 14. (1) The following rules apply with respect to the notice that a landlord is required by clause 138 (1) (a) of the Act to provide to a tenant of a rental unit if the tenant is to be charged a portion of the cost of a utility: 1.  Written notice must be given to the tenant at least 30 days before the landlord begins to charge the tenant a portion of the cost of the utility. 2.  The notice must state the amount of the rent reduction for the rental unit and the effective date of the reduction. 3.  The notice must describe the method by which the tenant’s portion of the cost of the utility is being determined and must describe how the rent reduction is calculated.  O. Reg. 394/10, s. 14 (1). (2) Subsection (1) does not apply if, immediately before the date on which subsection 138 (1) of the Act comes into force, the landlord was charging the tenant a portion of the cost of the utility.  O. Reg. 394/10, s. 14 (2).
Rent reduction re apportionment of utility cost — s. 138 (1) (b) of the Act
 15. (1) The following rules apply with respect to the reduction in rent required by clause 138 (1) (b) of the Act if a tenant of a rental unit is to be charged a portion of the cost of a utility: 1.  The landlord shall reduce the rent for the rental unit on the first day of the rental period which begins no later than the first day in respect of which the tenant is to be charged a portion of the cost of the utility. 2.  The minimum amount of the reduction in rent must be determined in accordance with a method described in subsection (2) or (3). 3.  The rules set out in paragraphs 1 and 2 do not apply with respect to a particular utility if, immediately before the date on which subsection 138 (1) of the Act comes into force, the landlord was charging any tenant in the building a portion of the cost of that utility.  O. Reg. 394/10, s. 15 (1). (2) If the portion of the utility cost to be charged to a tenant is based on the number of residential units in the building, the minimum amount of the reduction in rent for the tenant’s rental unit for a rental period is calculated using the formula, (A/B)/C in which, “A”  is the total cost of the utility for all of the residential units in the building and the related common areas for for the most recent 12-month period for which information is available preceding the date on which the notice required by clause 138 (1) (a) of the Act is given, excluding any penalties or charges related to late payment, “B”  is the number of residential units in the building, and “C”  is the number of rental periods in a 12-month period. O. Reg. 394/10, s. 15 (2). (3) If the portion of the utility cost to be charged to a tenant is based on the square footage of the tenant’s rental unit, the amount of the reduction in rent for the tenant’s rental unit for a rental period is calculated in accordance with the following rules: 1.  Allocate to the tenant’s rental unit a portion of the annual utility cost for the building using the formula, (A × D)/E in which, “A”  has the same meaning as in subsection (2), “D”  is the square footage of the tenant’s rental unit, and “E”  is the total square footage of all residential units in the building. 2.  Calculate the portion of the annual utility cost that is to be allocated to the rental unit for each rental period, using the formula, F/C in which, “F”  is the amount calculated under paragraph 1, and “C”  has the same meaning as in subsection (2). 3.  The amount calculated under paragraph 2 is the amount of the rent reduction for the rental unit for a rental period.  O. Reg. 394/10, s. 15 (3).
Information for prospective tenants — s. 138 (4) of the Act
 16. (1) The information described in this section is the information that a landlord is required by subsection 138 (4) of the Act to provide to a prospective tenant if the landlord charges tenants a portion of the cost of a utility.  O. Reg. 394/10, s. 16 (1). (2) Paragraph 2 of subsection 138 (4) of the Act requires the landlord to give the prospective tenant information about the total cost of the utility for the building for the 12 most recent months for which the information is available to the landlord.  O. Reg. 394/10, s. 16 (2).
Utility conservation and efficiency obligations of landlord — s. 138 (5) of the Act
 17. (1) The rules set out in this section apply with respect to the landlord’s duties under subsection 138 (5) of the Act respecting utility conservation and efficiency obligations.  O. Reg. 394/10, s. 17 (1). (2) If the landlord charges any tenant in a building a portion of the cost of electricity, all refrigerators provided by the landlord for any of the rental units in the building must be manufactured on or after January 1, 1994.  O. Reg. 394/10, s. 17 (2). (3) If the landlord charges any tenant in a building a portion of the cost of electricity, all replacement refrigerators provided by the landlord for any of the rental units in the building must be manufactured on or after December 31, 2002.  O. Reg. 394/10, s. 17 (3). (4) If, on October 13, 2010, the landlord is charging any tenant in a building a portion of the cost of electricity, the rule set out in subsection (2) does not apply with respect to any rental unit in the building until two years after the date on which subsection 138 (5) of the Act comes into force.  O. Reg. 394/10, s. 17 (4).
Tenant’s application for order re breach of landlord’s obligations — s. 138 (6) of the Act
 18. The following are the circumstances in which a tenant or former tenant of a rental unit may apply under subsection 138 (6) of the Act for an order determining whether the landlord has breached an obligation under section 138 of the Act: 1.  An application concerning a breach of subsection 138 (1) or (4)  of the Act must be made within one year after the alleged breach first occurred. 2.  There are no restrictions on the circumstances in which an application concerning a breach of subsection 138 (5) of the Act may be made.  O. Reg. 394/10, s. 18. Exemptions