jswizzle3737/ontario_laws_and_regs huggingface dataset:
PART I INTERPRETATION AND EXEMPTIONS
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Definition of “care home”
 1. (1) One or more rental units that form part of a residential complex are care homes for the purpose of the definition of “care home” in subsection 2 (1) of the Act if the rental units are occupied or intended to be occupied by persons for the purpose of receiving care services, whether or not receiving the care services is the primary purpose of the occupancy.  O. Reg. 516/06, s. 1 (1). (2) Subsection (1) applies even if a third party rents the rental unit from the landlord and provides or arranges to provide both the rental unit and care services to the tenant.  O. Reg. 516/06, s. 1 (2).
Definition of “care services”
 2. (1) As part of health care services, rehabilitative services, therapeutic services and services that provide assistance with the activities of daily living, the following are included in the definition of “care services” in subsection 2 (1) of the Act: 1.  Nursing care. 2.  Administration and supervision of medication prescribed by a medical doctor. 3.  Assistance with feeding. 4.  Bathing assistance. 5.  Incontinence care. 6.  Dressing assistance. 7.  Assistance with personal hygiene. 8.  Ambulatory assistance. 9.  Personal emergency response services.  O. Reg. 516/06, s. 2 (1). (2) The following services are included in the definition of “care services” in subsection 2 (1) of the Act if they are provided along with any service set out in subsection (1): 1.  Recreational or social activities. 2.  Housekeeping. 3.  Laundry services. 4.  Assistance with transportation.  O. Reg. 516/06, s. 2 (2).
Definition of “tenant”
 3. (1) If a tenant of a rental unit dies and the rental unit is the principal residence of the spouse of that tenant, the spouse is included in the definition of “tenant” in subsection 2 (1) of the Act unless the spouse vacates the unit within the 30-day period described in subsection 91 (1) of the Act.  O. Reg. 516/06, s. 3 (1). (2) If a tenant vacates a rental unit without giving a notice of termination under the Act and without entering into an agreement to terminate the tenancy, and the rental unit is the principal residence of the spouse of that tenant, the spouse is included in the definition of “tenant” in subsection 2 (1) of the Act.  O. Reg. 516/06, s. 3 (2). (3) Subsection (2) does not apply if any one or more of the following criteria are satisfied: 1.  The rental unit is in a building containing not more than three residential units and the landlord resides in the building. 2.  The spouse vacates the rental unit no later than 60 days after the tenant vacated the rental unit. 3.  The tenant who vacated the rental unit was not in arrears of rent and the spouse fails to advise the landlord, before an order is issued under section 100 of the Act, that he or she intends to remain in the rental unit. 4.  The tenant who vacated the rental unit was in arrears of rent, the landlord gives the spouse a notice in a form approved by the Board within 45 days after the date the tenant vacated the unit, and the spouse fails, within 15 days after receiving the notice, i.  to advise the landlord that he or she intends to remain in the rental unit, or ii.  to agree in writing with the landlord to pay the arrears of rent. 5.  The tenant who vacated the rental unit was in arrears of rent, the landlord does not give the spouse a notice referred to in paragraph 4 within 45 days after the date the tenant vacated the unit, and the spouse fails, before an order is issued under section 100 of the Act, i.  to advise the landlord that he or she intends to remain in the rental unit, or ii.  to agree in writing with the landlord to pay the arrears of rent.  O. Reg. 516/06, s. 3 (3). (4) Subsections (1) and (2) do not apply to, (a)  a rental unit described in section 7 of the Act; (b)  a rental unit that is in a care home to which Part IX of the Act applies; or (c)  a rental unit to which section 6 of this Regulation applies.  O. Reg. 516/06, s. 3 (4).
Definition of “vital service”
 4. (1) For the purpose of the definition of “vital service” in subsection 2 (1) of the Act, September 1 to June 15 is prescribed as the part of the year during which heat is a vital service.  O. Reg. 516/06, s. 4 (1). (2) For the purposes of subsection (1), heat shall be provided so that the room temperature at 1.5 metres above floor level and one metre from exterior walls in all habitable space and in any area intended for normal use by tenants, including recreation rooms and laundry rooms but excluding locker rooms and garages, is at least 20 degrees Celsius.  O. Reg. 516/06, s. 4 (2). (3) Subsection (2) does not apply to a rental unit in which the tenant can regulate the temperature and a minimum temperature of 20 degrees Celsius can be maintained by the primary source of heat.  O. Reg. 516/06, s. 4 (3).
Prescribed programs
 5. The following federal, provincial or municipal programs are prescribed for the purposes of paragraph 3 of subsection 7 (1) of the Act: 1.  Non-Profit Low Rental Housing Program established under the National Housing Act (Canada). 2.  Non-Profit 2% Write-Down Non-Profit Housing Program established under the National Housing Act (Canada). 3.  Non-Profit Full Assistance Housing Programs administered before January 1, 2001 by the Ministry, not including the Municipal Non-Profit Housing Program, but including, i.  JobsOntario Homes, ii.  The Ontario Non-Profit Housing Program (P-3000), iii.  The Ontario Non-Profit Housing Program (P-3600), iv.  The Ontario Non-Profit Housing Program (P-10,000), v.  Homes Now, and vi.  Federal/Provincial Non-Profit Housing Program (1986-1993). 4.  Municipal Non-Profit Housing Program (1978-1985). 5.  Municipal Assisted Housing Program (Toronto Housing Company). 6.  Urban Native Fully Targeted Housing Program established under the National Housing Act (Canada). 7.  Urban Native 2% Write-Down and Additional Assistance Program established under the National Housing Act (Canada).  O. Reg. 516/06, s. 5.
Exemptions from certain provisions
 6. (1) Section 8, paragraphs 6, 7 and 8 of subsection 30 (1), sections 51, 52, 54, 55, 56 and 95 to 99, subsection 100 (2) and sections 101, 102, 104, 111 to 115, 117, 120, 121, 122, 126 to 133, 140, 143, 149, 150, 151, 159, 165 and 167 of the Act do not apply to rental units that meet the criteria set out in subsection (2) and that were developed or acquired under the following initiatives: 1.  Canada-Ontario Affordable Housing Program — Rental and Supportive Housing. 2.  Canada-Ontario Affordable Housing Program — Northern Housing. 3.  Residential Rehabilitation Assistance Program. 4.  Supporting Communities Partnership Initiative. 5.  Municipal capital facility by-laws for housing or other council-approved municipal housing programs.  O. Reg. 516/06, s. 6 (1). (2) Subsection (1) applies to a rental unit described in that subsection if, (a)  the unit is subject to an agreement related to the provision of housing services between the landlord and one or more of, (i)  a municipality, (ii)  an agency of a municipality, (iii)  a non-profit corporation controlled by a municipality, if an object of the non-profit corporation is the provision of housing, (iv)  a local housing corporation as defined in the Housing Services Act, 2011, or (v)  a service manager as defined in the Housing Services Act, 2011; (b)  the unit is identified as a subsidized unit that was developed or acquired under an initiative listed in subsection (1), and as being subject to an agreement described in clause (a), in, (i)  the tenancy agreement, or (ii)  a written notice that was given by the landlord to the tenant, if the tenancy agreement was entered into before January 31, 2007; and (c)  the tenant, at the time the tenancy agreement was entered into, was on or was eligible to be on a social housing waiting list.  O. Reg. 516/06, s. 6 (2); O. Reg. 377/11, s. 1. (3) Section 8, paragraphs 6, 7 and 8 of subsection 30 (1), sections 51, 52, 54, 55, 56 and 95 to 99, subsection 100 (2) and sections 101, 102, 104, 111 to 115, 117, 120, 121, 122, 126 to 133, 140, 143, 149, 150, 151, 159, 165 and 167 of the Act do not apply to rental units that were developed or acquired, and that continue to operate, under the Rural and Native Rental Housing Program established under the National Housing Act (Canada).  O. Reg. 516/06, s. 6 (3). (4) Section 119 of the Act does not apply to a rental unit that is exempt under subsection (1) or (3) if the tenant occupying the unit pays rent in an amount geared-to-income due to public funding.  O. Reg. 516/06, s. 6 (4). (5) Sections 116 and 118 of the Act do not apply to increases in rent for a rental unit due to increases in the tenant’s income if the rental unit is exempt under subsection (1) or (3) and the tenant pays rent in an amount geared-to-income due to public funding.  O. Reg. 516/06, s. 6 (5). (6) Paragraph 2 of subsection 58 (1) and subsection 60 (1) of the Act apply to a rental unit described in subsection (1) or (3) of this section, even though the rental unit is not a rental unit described in paragraph 1, 2, 3 or 4 of subsection 7 (1) of the Act.  O. Reg. 516/06, s. 6 (6).
Rental unit in care home
 7. (1) Subsections 37 (4) and (5) of the Act do not apply to a rental unit in a care home if, (a)  the rental unit is occupied for the purpose of receiving rehabilitative or therapeutic services agreed upon by the tenant and the landlord; (b)  the period of occupancy agreed to by the tenant and the landlord is no more than four years; (c)  the tenancy agreement stipulates that the tenancy may be terminated and the tenant evicted when the objectives of the services have been met or will not be met; and (d)  the unit is subject to an agreement for the provision of housing services between the landlord and a service manager as defined in the Housing Services Act, 2011.  O. Reg. 516/06, s. 7 (1); O. Reg. 377/11, s. 2. (2) If a landlord makes an application under subsection 77 (1) of the Act and the application is based on a notice or agreement to which, pursuant to subsection (1), subsections 37 (4) and (5) of the Act do not apply, the expression “the termination date specified in the agreement or notice” in subsection 77 (3) of the Act means the earlier of the following dates: 1.  The last day of the period of occupancy referred to in clause (1) (b). 2.  The day that is 60 days after the day the tenant received notice from the landlord that the objectives of the services have been met or will not be met.  O. Reg. 516/06, s. 7 (2). (3) For greater certainty, for the purposes of clause (1) (c) and subsection (2), the objectives of the services will not be met if the tenant has repeatedly and substantially withdrawn from participation in the services.  O. Reg. 516/06, s. 7 (3). PART II   MATTERS RELATING TO RENT Reasonable enjoyment during repairs
PART II MATTERS RELATING TO RENT
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Receipt
 9. A document constitutes a receipt for the purposes of section 109 of the Act if it includes, at a minimum, (a)  the address of the rental unit to which the receipt applies; (b)  the name of the tenants to whom the receipt applies; (c)  the amount and date for each payment received for any rent, rent deposit, arrears of rent, or any other amount paid to the landlord and shall specify what the payment was for; (d)  the name of the landlord of the rental unit; and (e)  the signature of the landlord or the landlord’s authorized agent.  O. Reg. 516/06, s. 9.
Prescribed conditions under s. 111 (2) and (2.1), par. 1 of the Act
 10. (0.1) The only condition prescribed for the purpose of subsection 111 (2) of the Act is that the discount must be provided for in a written or oral agreement.  O. Reg. 256/10, s. 1 (1). (1) The following conditions are prescribed for the purpose of paragraph 1 of subsection 111 (2.1) of the Act: 1.  The discount must be provided for in a written agreement. 2.  If the rent is paid monthly and the discount is equal to the rent for one month or less, the entire discount must be taken during one rental period. 3.  If the rent is paid monthly and the discount is equal to the rent for a period greater than one month but not more than two months, the discount equal to the rent for one month must be taken during one rental period and the balance within one other rental period. 4.  If the rent is paid monthly and the discount is equal to the rent for a period greater than two months but not more than three months, the discount equal to the rent for two months must be taken for two rental periods and the balance within one other rental period. 5.  If the rent is paid daily or weekly, the discount must be taken in periods that are at least one week in duration.  O. Reg. 516/06, s. 10 (1); O. Reg. 256/10, s. 1 (2). (2) Revoked:  O. Reg. 256/10, s. 1 (3).
Prescribed discounts under s. 111 (2.1), par. 2 of the Act
 11. (1) The following discounts are prescribed for the purposes of paragraph 2 of subsection 111 (2.1) of the Act: 1.  A discount provided for in a written agreement, if the total amount of the discount that is provided during the first eight months of the 12-month period does not exceed the rent for one month. 2.  A discount provided for in a written agreement, if, i.  the total amount of the discount that is provided in the 12-month period does not exceed the rent for two months, ii.  the total amount of the discount that is provided in the first seven months of the 12-month period does not exceed the rent for one month, and iii.  any discount that is provided in the last five months of the 12-month period is provided in only one of those months and does not exceed the rent for one month. 3.  A discount provided under a tenancy agreement that operates under the Strong Communities Housing Allowance Program — Toronto Pilot, if the landlord sets out the discounted rent and the undiscounted rent in the written tenancy agreement and in a written notice to the tenant accompanying any notice of rent increase given to the tenant under section 116 of the Act.  O. Reg. 516/06, s. 11 (1); O. Reg. 256/10, s. 2. (2) In this section, “the 12-month period” means, (a)  the 12-month period following the commencement of the tenancy, (b)  the 12-month period following any rent increase taken after the 12-month period described in clause (a), other than a rent increase taken under section 123 of the Act, or (c)  where clauses (a) and (b) do not apply, the 12-month period following the most recent anniversary of a rent increase taken in accordance with section 116 of the Act or, where no rent increase has been taken in accordance with section 116 of the Act, the commencement of the tenancy.  O. Reg. 516/06, s. 11 (2).
Higher rent charged in first rental period
 13. If the rent a landlord charges for the first rental period of a tenancy is greater than the rent the landlord charges for subsequent rental periods in the 12-month period beginning on the day the tenancy commenced, the lawful rent for each rental period in that 12-month period shall be calculated in the following manner: 1.  Add all the rents actually charged or to be charged by the landlord during the 12-month period. 2.  Subtract from that sum the rent for the first rental period. 3.  Divide the amount determined under paragraph 2 by a number equal to the number of rental periods in the 12-month period minus 1.  O. Reg. 516/06, s. 13.
Exclusions from calculation of rent
 14. For the purpose of calculating lawful rent under sections 12 and 13, the rent actually charged or to be charged does not include, (a)  amounts which cannot be lawfully charged for a reason other than the operation of section 12 or 13; (b)  rent increases under section 123 of the Act during the 12-month period defined in subsection 11 (2) of this Regulation; or (c)  rent decreases under section 125 of the Act during the 12-month period defined in subsection 11 (2) of this Regulation.  O. Reg. 516/06, s. 14.
Material to be filed
 15. If an application is made by a new tenant under subsection 115 (1) of the Act, the landlord shall file with the Board, at or before the hearing, an affidavit sworn by the landlord setting out the last lawful rent charged to the former tenant and any available evidence in support of the affidavit.  O. Reg. 516/06, s. 15.
Prescribed services, facilities, etc.
 16. (1) The following services, facilities, privileges, accommodations or things are prescribed for the purposes of subsection 123 (1) and section 125 of the Act: 1.  Cable television. 2.  Satellite television. 3.  An air conditioner. 4.  Extra electricity for an air conditioner. 5.  Extra electricity for a washer or dryer in the rental unit. 6.  Blockheater plug-ins. 7.  Lockers or other storage space. 8.  Heat. 9.  Electricity. 10.  Water or sewage services, excluding capital work. 11.  Floor space. 12.  Property taxes with respect to a site for a mobile home or a land lease home.  O. Reg. 516/06, s. 16 (1). (1.1) In a circumstance in which clause 137 (3) (c) or 138 (1) (b) of the Act requires a landlord to reduce the rent for a rental unit, the rent reduction rules that are prescribed for the purposes of clause 137 (3) (c) or 138 (1) (b) of the Act apply instead of the requirements set out in subsections (2) to (5).  O. Reg. 395/10, s. 1. (2) If there is an agreement under subsection 123 (1) or section 125 of the Act, the maximum increase in rent or minimum decrease in rent shall be the actual cost to the landlord of the service, facility, privilege, accommodation or thing, other than floor space, that is the subject of the agreement or, where the actual cost to the landlord cannot be established or where there is no cost to the landlord, a reasonable amount based on the value of the service, facility, privilege, accommodation or thing.  O. Reg. 516/06, s. 16 (2). (3) If the agreement under subsection 123 (1) or section 125 of the Act is to provide or cease to provide floor space, the maximum increase in rent or minimum decrease in rent shall be proportionate to the change in floor space.  O. Reg. 516/06, s. 16 (3). (4) If an amount determined in accordance with subsection (3) would be unreasonable given the nature and quality of the floor space added or taken away, the maximum increase in rent or minimum decrease in rent shall be a reasonable amount based on the nature and quality of the floor space and the amount of the change in the floor space.  O. Reg. 516/06, s. 16 (4). (5) Despite subsections (2), (3) and (4), where a service, facility, privilege, accommodation or thing was provided in accordance with a previous agreement under section 123 of the Act, section 132 of the Tenant Protection Act, 1997, section 46 of the Rent Control Act, 1992 or subsection 96 (4) of the Residential Rent Regulation Act, the minimum decrease in rent on ceasing to provide the service, facility, privilege, accommodation or thing shall be equal to, (a)  the most recent amount of the separate charge for the service, facility, privilege, accommodation or thing; or (b)  where there is no separate charge, the increase in rent which the landlord took when the service, facility, privilege, accommodation or thing was first provided, adjusted by the percentage increase in the rent being charged for the rental unit from the date the service, facility, privilege, accommodation or thing was first provided to the date the landlord ceased to provide it.  O. Reg. 516/06, s. 16 (5).
Exemptions from s. 134 (1) and (3) of the Act
 17. The following payments are exempt from subsections 134 (1) and (3) of the Act: 1.  Payment for additional keys, remote entry devices or cards requested by the tenant, not greater than the direct costs. 2.  Payment for replacement keys, remote entry devices or cards, not greater than the direct replacement costs, unless the replacement keys, remote entry devices or cards are required because the landlord, on the landlord’s initiative, changed the locks. 3.  Payment of a refundable key, remote entry device or card deposit, not greater than the expected direct replacement costs. 4.  Payment of NSF charges charged by a financial institution to the landlord. 5.  Payment of an administration charge, not greater than $20, for an NSF cheque. 6.  Payment by a tenant, former tenant, subtenant or former subtenant in settlement of a court action or potential court action or an application or potential application to the Board. 7.  Payment to a landlord or tenant of a mobile home park or land lease community at the commencement of a tenancy as consideration for the rental of a particular site. 8.  Payment of a charge not exceeding $250 for transferring, at the request of the tenant, i.  between rental units to which subsection 6 (1) or (3) of this Regulation applies, if the rental units are located in the same residential complex, or ii.  between rental units in a residential complex that is described in paragraph 1, 2, 3 or 4 of subsection 7 (1) of the Act. 9.  Payment of an amount to reimburse the landlord for property taxes paid by the landlord with respect to a mobile home or a land lease home owned by the tenant.  O. Reg. 516/06, s. 17; O. Reg. 562/17, s. 1. PART Iii   APPLICATION FOR RENT INCREASES ABOVE GUIDELINE
PART III APPLICATION FOR RENT INCREASES ABOVE GUIDELINE
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Definitions
 18. (1) In the Act and in this Part, “capital expenditure” means an expenditure for an extraordinary or significant renovation, repair, replacement or new addition, the expected benefit of which extends for at least five years including, (a)  an expenditure with respect to a leased asset if the lease qualifies as determined under subsection (2), and (b)  an expenditure that the landlord is required to pay on work undertaken by a municipality, local board or public utility, other than work undertaken because of the landlord’s failure to do it, but does not include, (c)  routine or ordinary work undertaken on a regular basis or undertaken to maintain a capital asset in its operating state, such as cleaning and janitorial services, elevator servicing, general building maintenance, grounds-keeping and appliance repairs, or (d)  work that is substantially cosmetic in nature or is designed to enhance the level of prestige or luxury offered by a unit or residential complex; (“dépense en immobilisations”) “incurred” means, in relation to a capital expenditure, (a)  the payment in full of the amount of the capital expenditure, other than a holdback withheld under the Construction Lien Act, (b)  if the expenditure relates to a lease, the assumption, when the lease commences, of the obligations under it, or (c)  if the expenditure relates to work undertaken by a municipality, local board or public utility, when the work is completed; (“engager”) “physical integrity” means the integrity of all parts of a structure, including the foundation, that support loads or that provide a weather envelope and includes, without restricting the generality of the foregoing, the integrity of, (a)  the roof, exterior walls, exterior doors and exterior windows, (b)  elements contiguous with the structure that contribute to the weather envelope of the structure, and (c)  columns, walls and floors that support loads. (“intégrité matérielle”)  O. Reg. 516/06, s. 18 (1). (2) For the purposes of the definition of “capital expenditure” in subsection (1), a lease qualifies if substantially all the risks and benefits associated with the leased asset are passed to the lessee and, when the lease commences, any one or more of the following is satisfied: 1.  The lease provides that the ownership of the asset passes to the lessee at or before the end of the term of the lease. 2.  The lease provides that the lessee has an option to purchase the asset at the end of the term of the lease at a price that is less than what the market value of the asset will be at that time. 3.  The term of the lease is at least 75 per cent of the useful life of the asset, as determined in accordance with section 27 but without regard to any part of section 27 that prevents the useful life from being determined to be less than 10 years. 4.  The net present value of the minimum lease payments is at least 90 per cent of the asset’s fair market value at the commencement of the lease where the net present value is determined using the interest rate determined under section 20.  O. Reg. 516/06, s. 18 (2).
Definitions
 19. (1) In this Part, “base year” means, (a)  when determining rent increases due to an extraordinary increase in the cost for municipal taxes and charges, the last completed calendar year immediately preceding the day that is 90 days before the effective date of the first intended rent increase referred to in the application, (b)  when determining rent increases due to operating costs related to security services, the annual accounting period of one year in length chosen by the landlord which is most recently completed on or before the day that is 90 days before the effective date of the first intended rent increase referred to in the application; (“année de base”) “local board” means a “local board” as defined in the Municipal Affairs Act; (“conseil local”) “reference year” means the 12-month period immediately preceding the base year. (“année de reference”)  O. Reg. 516/06, s. 19 (1); O. Reg. 562/17, s. 2 (1). (2) Despite clause (b) of the definition of “base year” in subsection (1), if an order has previously been issued with respect to the residential complex under section 126 of the Act in which relief was granted or for operating costs related to security services, the base year shall begin and end on the same days of the year as the base year used in the previous order.  O. Reg. 516/06, s. 19 (2); O. Reg. 562/17, s. 2 (2).
Interest rate
 20. The interest rate for the purposes of subsection 18 (2) and subsection 26 (6) is the chartered bank administered conventional five-year mortgage interest rate on the last Wednesday of the month before the month in which the application is made, as reported by the Bank of Canada.  O. Reg. 516/06, s. 20.
Factor to be applied
 21. (1) The factor to be applied for the purposes of paragraph 6 of subsection 29 (2) and paragraph 2 of subsection 30 (2) is determined by dividing the total rents of the rental units in the residential complex that are subject to the application and are affected by the operating cost by the total rents of the rental units in the residential complex that are affected by the operating cost.  O. Reg. 516/06, s. 21 (1); O. Reg. 562/17, s. 3. (2) For the purpose of subsection (1), the rent for a rental unit that is vacant or that is otherwise not rented shall be deemed to be the average rent charged for the rental units in the residential complex.  O. Reg. 516/06, s. 21 (2).
Material to accompany application
 22. (1) An application under section 126 of the Act must be accompanied by the following material: 1.  If the application is based on an extraordinary increase in the cost for municipal taxes and charges, i.  evidence of the costs for the base year and the reference year and evidence of payment of those costs, and ii.  evidence of all grants, other forms of financial assistance, rebates and refunds received by the landlord that effectively reduce those costs for the base year or the reference year. 2.  If the application is based on capital expenditures incurred, i.  evidence of all costs and payments for the amounts claimed for capital work, including any information regarding grants and assistance from any level of government and insurance, resale, salvage and trade-in proceeds, ii.  details about each invoice and payment for each capital expenditure item, in the form approved by the Board, and iii.  details about the rents for all rental units in the residential complex that are affected by any of the capital expenditures, in the form approved by the Board. 3.  If the application is based on operating costs related to security services, evidence of the costs claimed in the application for the base year and the reference year and evidence of payment of those costs.  O. Reg. 516/06, s. 22 (1); O. Reg. 562/17, s. 4. (2) Despite subsection (1), if any of the following material is unavailable at the time the application is made under section 126 of the Act but becomes available before the end of the hearing, the material must be provided to the Board before or during the hearing: 1.  Evidence described in subparagraph 1 ii of subsection (1). 2.  Information concerning grants and assistance referred to in paragraph 2 of subsection (1). 3.  Information concerning insurance, resale, salvage and trade-in proceeds referred to in paragraph 2 of subsection (1).  O. Reg. 516/06, s. 22 (2). (3) An application under section 126 of the Act must be accompanied by one additional photocopy of the application, by one additional photocopy of the material that accompanies the application under subsection (1), and by an electronic copy of the material that accompanies the application under subsection (1) in portable document format.  O. Reg. 516/06, s. 22 (3); O. Reg. 37/20, s. 1 (1). (4) If material is provided to the Board under subsection (2), it must be accompanied by one additional photocopy of the material and by an updated electronic copy of the material that accompanied the application under subsection (1) and the material provided under subsection (2) in portable document format.  O. Reg. 516/06, s. 22 (4); O. Reg. 37/20, s. 1 (2). (5) Revoked: O. Reg. 37/20, s. 1 (3). (6) Subsections (3) and (4) do not apply if the application referred to in subsection (1) is not based on capital expenditures.  O. Reg. 516/06, s. 22 (6); O. Reg. 37/20, s. 1 (4).
Information for tenants
 23. (1) The rules set out in this section apply for the purposes of subsection 126 (4) of the Act.  O. Reg. 516/06, s. 23 (1). (2) Upon the request of a tenant subject to the application, the landlord shall provide the tenant with an electronic copy of the material provided to the Board under subsections 22 (1) and (2) in portable document format, at no charge to the tenant.  O. Reg. 516/06, s. 23 (2); O. Reg. 37/20, s. 2 (1). (3) Instead of providing the electronic copy referred to in subsection (2), the landlord and the tenant may agree that the landlord will provide the tenant with a photocopy of the material provided under subsections 22 (1) and (2), for no more than the landlord’s reasonable out-of-pocket costs for the photocopying. O. Reg. 37/20, s. 2 (2). (4) Revoked: O. Reg. 37/20, s. 2 (2). (5) If the landlord has an office in or close to the residential complex, the landlord shall, during normal business hours and at no charge, make a photocopy of the material provided under subsections 22 (1) and (2) available for viewing by tenants subject to the application.  O. Reg. 516/06, s. 23 (5). (6) The landlord shall, in the application, inform every tenant subject to the application of the ways in which a tenant may obtain access under this section to the material provided under subsections 22 (1) and (2).  O. Reg. 516/06, s. 23 (6).
Determination of capital expenditures, operating costs
 24. (1) In determining the amount of any capital expenditures or the amount of operating costs in an application under section 126 of the Act, the Board shall, (a)  include, for an application filed on or after July 1, 2010, any provincial sales tax and harmonized sales tax paid by the landlord in respect of the capital expenditures or operating costs; (a.1)  Revoked: O. Reg. 562/17, s. 5 (2). (b)  exclude any penalties, interest or other similar charges for late payment of any amount paid by the landlord in respect of the capital expenditures or operating costs; (c)  exclude any amount that has already been included in calculating the amount of a capital expenditure or operating cost in the same application or for which the landlord has obtained relief in a previous order under the Act or under the Tenant Protection Act, 1997; and (d)  subtract the amount of all grants, other forms of financial assistance, rebates and refunds received by the landlord that effectively reduce the operating costs.  O. Reg. 516/06, s. 24 (1); O. Reg. 256/10, s. 4 (1); O. Reg. 122/17, s. 1 (1); O. Reg. 562/17, s. 5. (1.1) In determining the amount of any capital expenditures or the amount of operating costs in an application under section 126 of the Act that is filed before July 1, 2010, the Board shall include the goods and services tax and provincial sales tax paid by the landlord in respect of the capital expenditures or operating costs.  O. Reg. 256/10, s. 4 (2). (1.2) Revoked: O. Reg. 562/17, s. 5 (3). (2) If a residential complex forms part of a larger project, the operating costs for the project and the amount of capital expenditures which benefit both the residential complex and the other parts of the project shall be allocated between the residential complex and the other parts of the project in accordance with one or more of the following factors: 1.  The area of each part of the project. 2.  The market value of each part of the project. 3.  The revenue generated by each part of the project.  O. Reg. 516/06, s. 24 (2). (3) If the allocation of operating costs and capital expenditures in accordance with subsection (2) would be unreasonable considering how much of the costs and expenditures are attributable to each part of the project, the operating costs and capital expenditures shall be allocated among the parts of the project in reasonable proportions according to how much of the costs and expenditures are attributable to each part of the project.  O. Reg. 516/06, s. 24 (3). (4) In this section, “harmonized sales tax” means any tax imposed under Part IX of the Excise Tax Act (Canada). (“taxe de vente harmonisée”) O. Reg. 256/10, s. 4 (2); O. Reg. 122/17, s. 1 (3); O. Reg. 562/17, s. 5 (4).
Useful life of work or thing
 27. (1) The useful life of work done or a thing purchased shall be determined from the Schedule subject to the following rules: 1.  Where the useful life set out in Column 3 of the Tables in the Schedule is less than 10 years, the useful life of work done or a thing purchased shall be deemed to be 10 years. 2.  If, when a thing is purchased, it has previously been used, the useful life of the thing shall be determined taking into account the length of time of that previous use. 3.  If the work done or thing purchased does not appear in the Schedule, the useful life of the work or thing shall be determined with reference to items with similar characteristics that do appear in the Schedule. 4.  Despite paragraphs 2 and 3, for the purposes of making a finding under this section, the useful life of work done or a thing purchased shall not be determined to be less than 10 years.  O. Reg. 516/06, s. 27 (1); O. Reg. 342/17, s. 1. (2) If the useful life of work done or a thing purchased cannot be determined under subsection (1) because the work or thing does not appear in the Schedule and no item with similar characteristics appears in the Schedule, the useful life of the work or thing shall be what is generally accepted as the useful life of such work or thing but in no case shall the useful life be determined to be less than 10 years.  O. Reg. 516/06, s. 27 (2).
Municipal taxes and charges, extraordinary increase
 28. (1) An increase in the cost for municipal taxes and charges is extraordinary if it is greater than the guideline plus 50 per cent of the guideline.  O. Reg. 516/06, s. 28 (1); O. Reg. 562/17, s. 6 (1). (2) For the purposes of subsection (1), the guideline is the guideline for the calendar year in which the effective date of the first intended rent increase referred to in the application falls.  O. Reg. 516/06, s. 28 (2). (3) Despite subsection (1), if the guideline is less than zero, any increase in the cost for municipal taxes and charges is deemed to be extraordinary.  O. Reg. 516/06, s. 28 (3); O. Reg. 562/17, s. 6 (2).
Municipal taxes and charges, extraordinary increase, 2021
 28.1 (1) This section applies, and section 28 does not apply, in respect of an increase in the cost for municipal taxes and charges if both of the following conditions are satisfied: 1.  The effective date of the first intended rent increase referred to in the application falls within calendar year 2021. 2.  The application was not finally determined before November 30, 2020. O. Reg. 694/20, s. 1. (2) An increase in the cost for municipal taxes and charges is extraordinary if it is greater than 2.25 per cent. O. Reg. 694/20, s. 1.
Rules
 29. (1) The rules set out in this section apply to the Board in making findings related to extraordinary increases in the cost for municipal taxes and charges.  O. Reg. 516/06, s. 29 (1); O. Reg. 562/17, s. 7 (1). (2) The amount of the allowance for an extraordinary increase in the cost for municipal taxes and charges is calculated as follows: 1.  If section 28 applies in respect of the increase, adjust the reference year costs for municipal taxes and charges by the guideline plus 50 per cent of the guideline determined in accordance with subsection 28 (2). 1.1  If section 28.1 applies in respect of the increase, adjust the reference year costs for municipal taxes and charges by 2.25 per cent. 2.  If municipal taxes and charges for a tax year are increased as a result of an appeal of a tax assessment, add to the base year costs for municipal taxes and charges the amount of the increase resulting from the appeal. 3.  If a tax notice respecting the reference year municipal taxes and charges is issued on or after November 1 in the base year, add to the base year costs for municipal taxes and charges the amount, if any, by which the reference year municipal taxes and charges exceed the municipal taxes and charges for the year preceding the reference year. 4.  If a tax notice respecting the reference year municipal taxes and charges is issued on or after November 1 in the base year and if the reference year municipal taxes and charges are increased as a result of an appeal of a tax assessment, the amount of the increase resulting from the appeal, i.  shall be included in determining the amount by which the reference year municipal taxes and charges exceed the municipal taxes and charges for the year preceding the reference year for the purpose of paragraph 3, and ii.  shall not be added under paragraph 2. 5.  Subtract the reference year costs for municipal taxes and charges, as adjusted under paragraph 1, from the base year costs for municipal taxes and charges, as adjusted under paragraphs 2, 3 and 4. 6.  Multiply the amount determined in paragraph 5 by the factor determined under section 21.  O. Reg. 516/06, s. 29 (2); O. Reg. 562/17, s. 7 (2); O. Reg. 694/20, s. 2. (3), (4) Revoked: O. Reg. 562/17, s. 7 (3). (5) Despite section 28, if the guideline is less than zero per cent, for the purposes of the calculations in subsection (2), the guideline is deemed to be zero per cent.  O. Reg. 516/06, s. 29 (5); O. Reg. 562/17, s. 7 (4). (6) An increase in municipal taxes and charges as a result of an appeal of a tax assessment shall not be considered under subsection (2) if the application for the rent increase was filed more than 12 months after the decision on the appeal was issued.  O. Reg. 516/06, s. 29 (6).
Operating costs related to security services
 30. (1) This section applies to the Board when making findings respecting operating costs related to security services.  O. Reg. 516/06, s. 30 (1). (2) The amount of the allowance for operating costs related to security shall be calculated as follows: 1.  Subtract the operating costs for security services in the reference year from the operating costs for security services in the base year. 2.  Multiply the amount determined under paragraph 1 by the factor determined under section 21.  O. Reg. 516/06, s. 30 (2). (3) The Board shall exclude from the calculation under subsection (2) any operating costs for security services that are no longer being provided to the tenant at the time the application is heard.  O. Reg. 516/06, s. 30 (3).
Calculation of percentage rent increase
 31. The percentage rent increase above the guideline for each rental unit that is the subject of the application shall be calculated in the following manner: 1.  Divide the amount of each allowance determined under subsection 29 (2)  and section 30 by the total rents for the rental units that are subject to the application and are affected by the operating cost. 2.  If the Board is of the opinion that the amount determined under paragraph 1 for an allowance does not reasonably reflect how the rental units that are subject to the application are affected by the operating cost to which the allowance relates, i.  paragraph 1 does not apply in respect of the allowance, and ii.  the Board shall determine an amount by another method that, in the opinion of the Board, better reflects how the rental units that are subject to the application are affected by the operating cost to which the allowance relates. 3.  Determine the percentage that each allowance referred to in paragraph 1 represents of the total rents for the rental units that are subject to the application and are affected by the operating cost by multiplying each of the amounts determined under paragraph 1 or 2, as the case may be, by 100. 4.  Add together the percentages determined under paragraph 3 for each allowance referred to in paragraph 1 that relates to an operating cost that affects the rental unit. 5.  Revoked: O. Reg. 562/17, s. 8 (3). 6.  Add the percentage determined under paragraph 4 and the percentage determined under paragraph 8 of subsection 26 (6).  O. Reg. 516/06, s. 31; O. Reg. 562/17, s. 8.
When rent increase may be taken
 32. (1) Subject to section 33 of this Regulation, if the Board orders a rent increase for a rental unit under subsection 126 (10) of the Act, that rent increase may only be taken within 12 months of the first intended rent increase referred to in the application for a rental unit in the residential complex.  O. Reg. 516/06, s. 32 (1). (1.1) For clarity, the following rules apply if the Board orders a rent increase for a rental unit under subsection 126 (10) of the Act with respect to municipal taxes and charges on or after October 1, 2020 and the first intended rent increase referred to in the application falls within the rent freeze period: 1.  If part of the 12-month period described in subsection (1) of this section falls after the rent freeze period, the rent increase may be taken only during the part of the 12-month period that falls after the rent freeze period. 2.  If no part of the 12-month period described in subsection (1) of this section falls after the rent freeze period, the rent increase may not be taken. O. Reg. 694/20, s. 3. (1.2) For the purposes of subsection (1.1), “rent freeze period” has the same meaning as in subsection 136.1 (1) of the Act. O. Reg. 694/20, s. 3. (2) Subject to section 33 of this Regulation, the rent increases provided for under subsection 126 (11) of the Act may only be taken during the subsequent 12-month periods which begin and end on the same days of the year as the 12-month period referred to in subsection (1).  O. Reg. 516/06, s. 32 (2). (3) Despite subsection (1), if the unit is subject to clause 126 (13) (b) of the Act, the rent charged for the rental unit shall not be increased before the date specified by the Board under clause 126 (13) (b) of the Act, and the increase may only be taken within 12 months after that date.  O. Reg. 516/06, s. 32 (3). (4) Despite subsection (2), if the unit is subject to clause 126 (13) (b) of the Act, the rent increases provided for under subsection 126 (11) of the Act may only be taken during the subsequent 12-month periods which begin and end on the same days of the year as the 12-month period referred to in subsection (3).  O. Reg. 516/06, s. 32 (4).
When rent increase may be taken
 33. (1) If an order with respect to a rental unit that increases the lawful rent is made under section 126 of the Act with respect to capital expenditures or operating costs for security services before the time for taking any rent increases under one or more previous orders has expired, the landlord may annually increase the lawful rent being charged by no more than the guideline rent increase plus 3 per cent of the previous lawful rent, until such time as no rent increase with respect to capital expenditures or operating costs related to security services ordered under section 126 of the Act remains to be taken.  O. Reg. 516/06, s. 33 (1). (2) If a landlord fails to take a rent increase in accordance with subsection (1) in any 12-month period in which the landlord was entitled to take such a rent increase, the landlord may not take that rent increase in any subsequent time period.  O. Reg. 516/06, s. 33 (2). (3) If a landlord takes a rent increase in accordance with subsection (1) that is less than the amount the landlord was entitled to take, the landlord may not take the amount of the rent increase which the landlord failed to take in any subsequent time period.  O. Reg. 516/06, s. 33 (3). (4) This section does not prevent a landlord from increasing the rent charged by more than 3 per cent of the previous lawful rent charged with respect to an extraordinary increase in the cost for municipal taxes and charges in accordance with an order under subsection 126 (10) of the Act.  O. Reg. 516/06, s. 33 (4); O. Reg. 562/17, s. 9.
Sequence — components of the increase
 34. For the purpose of making determinations under section 36 and subsection 38 (2) of this Regulation, the following rules apply if a landlord was permitted to increase the rent pursuant to an order under subsection 126 (10) of the Act based on more than one of the grounds in subsection 126 (1) of the Act but the increase taken by the landlord was less than the maximum increase permitted by the order: 1.  The increase taken by the landlord shall be deemed to have been taken for municipal taxes and charges, up to the percentage set out in the order for municipal taxes and charges. 2.  If the increase taken by the landlord was greater than the percentage set out in the order for municipal taxes and charges, the balance of the increase shall be deemed to have been taken for eligible capital expenditures, up to the percentage set out in the order for eligible capital expenditures. 3.  In the case of an order issued by the Board on an application made under subsection 126 (1) of the Act before January 1, 2018, if the increase taken by the landlord was greater than the sum of the percentages set out in the order for municipal taxes and charges and for eligible capital expenditures, the balance of the increase shall be deemed to have been taken for utilities, up to the percentage set out in the order for utilities. 4.  If the increase taken by the landlord was greater than the sum of the percentages set out in the order for municipal taxes and charges, for eligible capital expenditures and, if applicable, for utilities, the balance of the increase shall be deemed to have been taken for operating costs related to security services.  O. Reg. 516/06, s. 34; O. Reg. 562/17, s. 10. PART IV   reductions in rent — utilities and capital expenditures
PART IV REDUCTIONS IN RENT — UTILITIES AND CAPITAL EXPENDITURES
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Prescribed percentage, period
 37. (1) The prescribed percentage for the purposes of subsection 128 (3) of the Act is the percentage decrease in utility costs that results in a percentage decrease in rent of 0.50 per cent or more as determined under subsections 36 (1) and (2) of this Regulation.  O. Reg. 516/06, s. 37 (1). (2) The prescribed period for the purposes of subsection 128 (3) of the Act is the most recent 12-month period which begins and ends on the same days of the year as the base year used in the previous order.  O. Reg. 516/06, s. 37 (2).