jswizzle3737/ontario_laws_and_regs huggingface dataset:
Rules for prescribing a date for the purpose of s. 129 of the Act
 38. (1) The rules for determining a date for the purpose of clause 129 (c) of the Act are as follows: 1.  If the unit is subject to an order issued under subsection 126 (10) of the Act and subsection 126 (13) of the Act does not apply, the date shall be the day immediately before the anniversary, in the year determined by adding the weighted useful life as determined under paragraph 6 of subsection 26 (6) of this Regulation to the year in which the landlord took the increase, of the date the landlord took the increase. 2.  Despite paragraph 1, if a landlord was entitled to take an increase under clause 126 (10) (b) of the Act but only took an increase or increases under clause 126 (11) (b) of the Act, the date shall be the day immediately before the anniversary, in the year determined by adding the weighted useful life as determined under paragraph 6 of subsection 26 (6) of this Regulation to the year that contains the first effective date set out in the order, of the first effective date set out in the order. 3.  If the unit is subject to an order issued under subsection 126 (10) of the Act, and was subject to subsection 126 (13) of the Act, the date shall be the day immediately before the anniversary, in the year determined by adding the weighted useful life as determined under paragraph 6 of subsection 26 (6) of this Regulation to the year that contains the first effective date set out in the order, of the first effective date set out in the order.  O. Reg. 516/06, s. 38 (1). (2) The rules to determine the percentage for the purpose of subclause 129 (c) (ii) of the Act are as follows: 1.  If an order was issued by the Board under subsection 126 (10) of the Act permitting an increase in rent that is due in whole to eligible capital expenditures, the percentage reduction shall be equal to the percentage increase taken by the landlord. 2.  If an order was issued by the Board under subsection 126 (10) of the Act permitting an increase in rent that is due only in part to eligible capital expenditures, the percentage reduction shall be the percentage for eligible capital expenditures as determined under section 34 of this Regulation.  O. Reg. 516/06, s. 38 (2). PART V   reductions in rent — services and taxes
PART V REDUCTIONS IN RENT — SERVICES AND TAXES
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Application of ss. 24 and 25
 40. Sections 24 and 25 of this Regulation apply with necessary modifications to an application to the Board by a tenant under section 130 or 133 of the Act.  O. Reg. 516/06, s. 40.
Application for variance
 42. (1) For the purpose of subsection 132 (1) of the Act, a person may apply to the Board for an order varying the rent reduction determined under section 131 of the Act if, (a)  other charges that are in addition to the municipal property tax and that are not set out in clauses (a), (b), (c), (d), (e) and (f) of the definition of “municipal property tax” in subsection 41 (2) were levied upon the landlord by the municipality in the base year; (b)  the percentage of the rent charged in the residential complex that the municipal property tax comprises is not 20 per cent for properties that fall under the multi-residential property class as defined in section 4 of Ontario Regulation 282/98 (General) made under the Assessment Act, and 15 per cent otherwise; (c)  there is an error in the notice of rent reduction with respect to the amount by which the municipal property tax is reduced or the amount by which the rent is to be reduced; or (d)  the municipal property tax is increased or decreased during the period from the day the notice of rent reduction was issued to March 31 of the year following the date the rent reduction takes effect.  O. Reg. 516/06, s. 42 (1). (2) An application referred to in subsection (1) shall be made, (a)  if a notice of the rent reduction is required to be given under subsection 131 (3) of the Act, on or before the later of, (i)  90 days following the day on which the person who will be the applicant is given the notice of rent reduction, and (ii)  March 31 in the year following the year in which the rent reduction takes effect; (b)  if a notice of the rent reduction is not required to be given under subsection 131 (3) of the Act, on or before the later of, (i)  90 days following the day on which the tax notice effecting the reduction in the municipal property tax and forming the basis of the rent reduction is issued, and (ii)  March 31 in the year following the year in which the rent reduction takes effect.  O. Reg. 516/06, s. 42 (2). Determination by Board
Determination by Board
 43. (1) In this section, “base year” means the calendar year in which the rent reduction takes effect; (“année de base”) “reference year” means the calendar year immediately preceding the base year. (“année de reference”)  O. Reg. 516/06, s. 43 (1). (2) The Board shall make a determination in respect of an application under clause 42 (1) (a), (c) or (d) in the following manner: 1.  Calculate the actual decrease, if any, in the municipal taxes and charges from the reference year to the base year. 2.  Determine the percentage rent decrease for a rental unit that is subject to the application, i.  if the total of the annual rents is not proven by the landlord or the tenant, in accordance with paragraphs 1 and 2 of subsection 41 (3), and ii.  otherwise, by dividing the amount determined under paragraph 1 by the total of the annual rents for all of the rental units in the residential complex and multiplying that quotient by 100.  O. Reg. 516/06, s. 43 (2). (3) The Board shall make a determination in respect of an application under clause 42 (1) (b) in the following manner: 1.  Calculate the actual decrease, if any, in the municipal taxes and charges from the reference year to the base year. 2.  Determine the percentage rent decrease for a rental unit that is subject to the application by dividing the amount determined under paragraph 1 by the total of the annual rents for all of the rental units in the residential complex and multiplying that quotient by 100.  O. Reg. 516/06, s. 43 (3).
Information to be filed with application
 44. The following shall be filed with an application under section 132 of the Act: 1.  Evidence of the amount of municipal taxes in the reference year and in the base year. 2.  If the application is made under clause 42 (1) (a), evidence of the other charges levied by the municipality in the reference year and in the base year. 3.  If the application is made under clause 42 (1) (b), evidence of the rents charged for the residential complex. 4.  If notice of a reduction of rent has been given under subsection 131 (3) of the Act, a copy of that notice.  O. Reg. 516/06, s. 44. Reduction in municipal taxes and charges
PART VI GENERAL
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Hours for retrieval of property
 46. For the purposes of subsection 41 (3) of the Act, a landlord shall make an evicted tenant’s property available between the hours of 8 a.m. and 8 p.m.  O. Reg. 516/06, s. 46.
Contents of information package
 47. The information package referred to in section 140 of the Act must contain the following information: 1.  List of the different types of accommodation provided and the alternative packages of care services and meals available as part of the total charge. 2.  Charges for the different types of accommodation and for the alternative packages of care services and meals. 3.  Minimum staffing levels and qualifications of staff. 4.  Details of the emergency response system, if any, or a statement that there is no emergency response system. 5.  List and fee schedule of the additional services and meals available from the landlord on a user pay basis. 6.  Internal procedures, if any, for dealing with complaints, including a statement as to whether tenants have any right of appeal from an initial decision, or a statement that there is no internal procedure for dealing with complaints.  O. Reg. 516/06, s. 47.
Care homes
 48. The prescribed period for the purposes of clause 144 (1) (b) of the Act is four years.  O. Reg. 516/06, s. 48.
Interpretation
 49. For the purpose of clause 148 (1) (a) of the Act, the expression “no longer requires the level of care provided by the landlord” includes circumstances where the tenant has repeatedly and substantially withdrawn from participation in some or all of the care services provided by the landlord that are set out in the tenancy agreement, and the tenant is not receiving substantially equivalent community based services.  O. Reg. 516/06, s. 49.
Mobile homes
 50. For the purpose of section 165 of the Act, the prescribed amount is the greater of, (a)  $50 per month; and (b)  the amount, including the guideline, that the landlord would have been entitled to take as a rent increase under an order under subsection 126 (10) of the Act before the first anniversary of the commencement of the new tenancy had the former tenant remained the tenant.  O. Reg. 516/06, s. 50.
Interpretation
 51. For the purpose of section 167 of the Act, the definition of “infrastructure work” includes work with respect to fire hydrants and related systems, poles for telephone service, walkways, garbage storage and disposal areas, fencing, retaining walls and flood control systems.  O. Reg. 516/06, s. 51. PART VII   BOARD — ADMINISTRATION AND POWERS
PART VII BOARD — ADMINISTRATION AND POWERS
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Employees
 52. Employees of the Board shall be appointed under the Public Service Act.  O. Reg. 516/06, s. 52.
Information to accompany application
 53. An application to the Board must be accompanied by the following information: 1.  If the application is with respect to a notice of termination on any ground, a copy of the notice of termination and a certificate of service of the notice of termination, if notice was given by the landlord. 2.  If the application is with respect to a notice of termination for demolition, conversion repair or severance, in addition to the information required by paragraph 1, evidence, where required, that the landlord paid the necessary compensation required under section 52, 54 or 55 of the Act or found acceptable alternative accommodation for the tenant. 3.  If the application is with respect to a notice of termination due to a second contravention in six months, in addition to the information required by paragraph 1, a copy of the original notice of termination and a copy of the certificate of service of the original notice of termination. 4.  If the application is made under section 77 of the Act with respect to an agreement to terminate the tenancy, a copy of the agreement. 5.  If the application is with respect to a review of a work order under section 226 of the Act, a copy of the work order.  O. Reg. 516/06, s. 53. 54., 54. Revoked: O. Reg. 303/14, s. 1.
Restriction on altering time requirements
 56. The following are time requirements that the Board may not extend or shorten under subsection 190 (2) of the Act: 1.  All time requirements related to notice requirements for terminating tenancies. 2.  All deadlines for filing applications, other than those which the Board is expressly permitted to extend or shorten under subsection 190 (1) of the Act. 3.  The 24-hour notice required under subsection 27 (1) of the Act. 4.  The 72-hour period referred to in subsection 41 (2) of the Act. 5.  The six-month periods referred to in subsections 42 (7), 92 (3) and (4) and 162 (4) and (5) of the Act. 6.  The 30-day period referred to in subsection 46 (1) of the Act. 7.  The period described in subsection 77 (5) of the Act during which an eviction order is not effective. 8.  The period described in subsection 80 (1) of the Act, subject to subsection 80 (2) of the Act, during which an eviction order is not effective. 9.  The 30-day period referred to in subsection 91 (1) of the Act. 10.  The seven-day period referred to in clause 95 (4) (d) of the Act. 11.  The 60-day period referred to in subsection 104 (3) of the Act. 12.  The 90-day notice period required by sections 116 and 150 of the Act. 13.  The 12-month period referred to in subsection 119 (1) of the Act. 14.  The five-day period in which an agreement to increase the rent charged may be cancelled under subsection 121 (4) of the Act. 15.  The six-day period referred to in subsection 121 (5) of the Act. 16.  The one-year period after which rent and rent increases shall be deemed to be lawful under subsections 136 (1) and (2) of the Act. 17.  The five-day period in which a tenancy agreement may be cancelled, as described in section 141 of the Act. 18.  The 10-day period referred to in subsection 145 (2) of the Act. 19.  The 30-day period referred to in subsection 206 (6) of the Act. 20.  The 60-day period referred to in paragraph 2 of subsection 3 (3) of this Regulation. 21.  The 45-day periods referred to in paragraphs 4 and 5 of subsection 3 (3) of this Regulation.  O. Reg. 516/06, s. 56.
Financial matters
 57. (1) The Board may establish bank accounts in the name of the Board into which it may place money paid to the Board.  O. Reg. 516/06, s. 57 (1). (2) The Board may invest money paid to the Board in investments in which the Minister of Finance may invest public money under section 3 of the Financial Administration Act.  O. Reg. 516/06, s. 57 (2). (3) The Board may employ a trust corporation to make the investments or to act as a custodian of the securities purchased as investments.  O. Reg. 516/06, s. 57 (3). (4) Money paid into the Board shall bear interest at the rate of 0.25 per cent per year, compounded semi-annually.  O. Reg. 516/06, s. 57 (4).
Prescribed amount
 58. The amount prescribed for the purpose of subsection 207 (4) of the Act is five dollars.  O. Reg. 516/06, s. 58.
Filings in electronic format
 59. (1) If the Board permits an application to be filed in an electronic format by electronic means, “sign” for the purposes of subsections 185 (1) and (2) and 186 (2) of the Act means to type one’s name on the application, and “signed” and “signs” have a corresponding meaning.  O. Reg. 516/06, s. 59 (1). (2) If the Board permits an application to be filed in an electronic format by electronic means, “shall be accompanied by the prescribed information” in subsection 185 (1) of the Act shall be interpreted as requiring the mailing, faxing or delivery of the prescribed information such that it is received by the Board, or is deemed under the Act to have been given to the Board, within five days following the day on which the application was filed electronically with the Board.  O. Reg. 516/06, s. 59 (2).
Contingency fees
 60. For the purpose of section 214 of the Act, the allowed amount of a contingency fee charged by an agent of a landlord or tenant is 10 per cent of the amount that has been or may be recovered, gained or saved, in whole or in part, over a one-year period through the efforts of the agent.  O. Reg. 516/06, s. 60. PART VIII   other matters
PART VIII OTHER MATTERS
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Transition
 61. Section 32 of this Regulation applies with necessary modifications to an application to which subsection 242 (7) of the Act applies despite any regulation made under the Tenant Protection Act, 1997.  O. Reg. 516/06, s. 61.
Transition, s. 9 of the Rental Fairness Act, 2017
 62. Section 55.1 of the Act, as enacted by section 9 of the Rental Fairness Act, 2017, applies only with respect to notices of termination of the tenancy given by a landlord under section 48 or 50 of the Act on or after the day section 9 of the Rental Fairness Act, 2017
comes into force. O. Reg. 341/17, s. 1.
Transition, s. 12 of the Rental Fairness Act, 2017
 63. (1) A notice of termination may be given under section 68 of the Act, as it reads on or after January 1, 2018, with respect to a previous notice of termination mentioned in clause 68 (1) (a) which was given to the tenant before that date, and an activity, conduct or situation mentioned in clause 68 (1) (b) which took place, occurred or arose before that date, if,  (a)  all the requirements of section 68, as it reads on or after January 1, 2018, are met; and (b)  the landlord did not give a notice of termination under section 68 with respect to that activity, conduct or situation before January 1, 2018. O. Reg. 562/17, s. 12. (2) A notice of termination may be given under section 68 of the Act, as it reads on or after January 1, 2018, with respect to a previous notice of termination mentioned in clause 68 (1) (a) which was given to the tenant before that date, and an activity, conduct or situation mentioned in clause 68 (1) (b) which takes place, occurs or arises on or after that date, if all the requirements of section 68, as it reads on or after January 1, 2018, are met. O. Reg. 562/17, s. 12. (3) Subsections (1) and (2) apply regardless of whether or not the previous notice of termination referred to in those subsections has become void as a result of the tenant’s compliance with the terms of the notice. O. Reg. 562/17, s. 12. (4) For greater certainty, this section does not affect a notice of termination given under section 68 before January 1, 2018. O. Reg. 562/17, s. 12.