Notice to landlord
111. (1) After making the calculations under section 110 and within the prescribed time, the Registrar shall give to the landlord who has filed a statement a notice of rent information setting out, (a) the information filed and accepted for all rental units for which the statement was filed; (b) the calculations made under section 110 for all rental units for which the statement was filed; (c) the landlord’s right under section 33 to apply to change or add to any of that information; and (d) the effect of the notice, as set out in subsection (4). Notice to tenant (2) Within the prescribed time, the Registrar shall give to the tenant of every rental unit for which the statement was filed a notice of rent information setting out, (a) the information filed and accepted for the tenant’s rental unit; (b) the calculations made under section 110 for the tenant’s rental unit; (c) the tenant’s right under section 33 to apply to change or add to any of that information; and (d) the effect of the notice, as set out in subsection (4). Exception (3) The Registrar is not required to give a landlord or tenant a notice of rent information under subsection (1) or (2) in the prescribed circumstances, despite those subsections. Calculations deemed correct (4) If, within six months of the date the Registrar issues a notice of rent information in respect of a rental unit, no application is made to correct or add to the information in it or in which the maximum rent for that rental unit will be determined, the calculations made under section 110 shall be deemed to have the same effect as an order. 1992, c. 11, s. 111 (1-4). Exception (4.1) Despite subsection (4), there shall be no deeming described in that subsection with respect to the calculations made under section 110 and set out in a notice of rent information that the Registrar has issued, if, (a) the notice of rent information has been issued with respect to a statement of rent information that has been filed; and (b) the Registrar has accepted a statement of care home information for the residential complex for which the statement of rent information was filed after having issued the notice of rent information but before the deeming described in subsection (4) would have occurred, but for this subsection. Notice void (4.2) If, as a result of subsection (4.1), there is no deeming under subsection (4), the notice of rent information shall be void. Deemed number of persons (4.3) If, within six months of the date the Registrar issues a notice of rent information in respect of a rental unit in a care home, no application is made to determine the number of persons that the rental unit is intended to accommodate, the information that the landlord has filed respecting the number of persons occupying the rental unit on the initial rent date shall be deemed to be the number of persons that the rental unit is intended to accommodate. 1994, c. 2, s. 28. Amended notice (5) The Registrar may issue an amended notice of rent information within eighteen months after the issue of the original notice if no application has been made to correct or add to the information in it and the Registrar is satisfied that he or she made an error in the original notice. Idem (6) Subsection (4) does not apply to a notice if the Registrar issues a notice amending it before the deeming in subsection (4) has occurred. Idem (7) If the Registrar issues an amended notice after the deeming in subsection (4) has occurred, the calculations in the original notice shall no longer be deemed to have the same effect as an order. Idem (8) Subsections (1) to (4) apply with necessary modifications to an amended notice. Transitional (9) If a notice was given under section 59 of the Residential Rent Regulation Act respecting a rental unit in a residential complex before the day this subsection is proclaimed in force, no application or Minister’s motion was made under section 60 of that Act before that day and the deeming set out in subsection 60 (3) of that Act has not occurred before that day, (a) no notice shall be given under this section; (b) the landlord or a tenant may apply under section 33 of this Act to correct or add to any of the information set out in the notice if they do so within the time required for making an application under section 58 of the Residential Rent Regulation Act; and (c) the rent recorded in the rent registry for that rental unit shall be deemed to be the maximum rent as of the actual rent date under the Residential Rent Regulation Act if no application that would result in a determination of maximum rent is made under this Act within the time set out in the notice given under section 59 of the Residential Rent Regulation Act. 1992, c. 11, s. 111 (5-9). Information Recorded in Registry