jswizzle3737/ontario_laws_and_regs huggingface dataset:
Application
61. (1) This section applies to all applications under section 13 or 23 that involve more than one rental unit and that are based in whole or in part, (a) in the case of an application under section 13, on a capital expenditure as set out in section 15, 16 or 17; or (b) in the case of an application under section 23, on inadequate maintenance or repair or a discontinuance or reduction in services and facilities, as set out in section 25 or 26. Hearing to be held (2) Subject to subsection 63 (1), a hearing shall be held unless all of the parties to the application request that the proceeding be determined by administrative review in accordance with this section. Request for administrative review (3) An applicant who wants a proceeding to be determined by administrative review shall request administrative review in the application. Idem (4) Any other party to a proceeding may request that the proceeding be determined by administrative review by written notice to the Chief Rent Officer given not later than fifteen days after the date the acknowledgment notice is issued. Extend time (5) A rent officer may extend the time for any party to request administrative review at any time before a notice of hearing is issued. 1992, c. 11, s. 61.
Application
62. (1) This section applies to all applications to which section 61 does not apply. Administrative review to apply (2) An administrative review shall be held unless a party requests a hearing as set out in this section. Request for hearing (3) An applicant who wants a hearing to be held shall request the hearing in the application. Idem (4) Any other party to a proceeding may, by written notice to the Chief Rent Officer given not later than fifteen days after the date the acknowledgment notice is issued, request that a hearing be held in respect of the application. Extension (5) A rent officer may extend the time for any party to request a hearing at any time before a notice of administrative review is issued. Deemed waiver (6) A party to a proceeding who does not request a hearing as provided in this section shall be deemed to have waived the right to a hearing. 1992, c. 11, s. 62.
Administrative review directed
63. (1) The Chief Rent Officer may direct that a proceeding described in subsection 61 (1) that was to be determined by a hearing be determined by administrative review if all of the parties consent in writing to the proceeding being determined by administrative review and their consents are filed with the Chief Rent Officer. Idem (2) The Chief Rent Officer may direct that a proceeding described in subsection 62 (1) that was to be determined by a hearing be determined by administrative review if, (a) a party who requested a hearing withdraws the request by written notice filed with the Chief Rent Officer before the notice of hearing is issued; and (b) all other parties consent in writing to the proceeding being determined by administrative review and their consents are filed with the Chief Rent Officer. Notice (3) If the Chief Rent Officer directs under this section that a proceeding be determined by administrative review, he or she shall give the parties the notice required by section 68 and shall set out in the notice reasonable time periods for presenting evidence, making submissions and replying. 1992, c. 11, s. 63.
Adding parties
64. (1) If a party is added to a proceeding and section 61 would have applied to the proceeding if the added party had been a party at the time the application was made, a hearing shall be held unless all of the parties including the added party requests administrative review before the later of, (a) fifteen days after the party is added; and (b) time required under section 61. Idem (2) If, as a result of subsection (1), a proceeding that was to be determined by administrative review is to be determined by holding a hearing, the Chief Rent Officer shall notify the parties of that fact and shall give them the notice required by section 82. 1992, c. 11, s. 64.
Hearing
65. (1) A hearing shall be held in respect of an application if, (a) section 61 applies to the application and not all of the parties have requested administrative review; (b) section 62 applies to the application and any party has requested a hearing in accordance with that section; or (c) the Chief Rent Officer believes a hearing should be held. Idem (2) If a hearing is held, the procedural rules set out in sections 82 to 88 shall apply. 1992, c. 11, s. 65.
Request for pre-hearing conference
66. (1) A party to a proceeding that is to be determined by holding a hearing may request a pre-hearing conference at any time before the notice of hearing is issued. Conference directed (2) The Chief Rent Officer may direct that a pre-hearing conference be held in respect of an application if a hearing is to be held and the Chief Rent Officer believes the conference should be held. Pre-hearing conference (3) If a pre-hearing conference is held, the procedural rules set out in sections 75 to 81 shall apply. 1992, c. 11, s. 66.
Administrative review
67. If a hearing is not held, the procedural rules set out in sections 68 to 74 shall apply. 1992, c. 11, s. 67. Administrative Review
Notice of administrative review
68. If there is not to be a hearing, the Chief Rent Officer shall give the parties a written notice of administrative review advising them, (a) that the proceeding will be determined by administrative review; (b) of the right of any party other than the applicant to make submissions; and (c) of the applicant’s right to reply. 1992, c. 11, s. 68.
Submissions
69. (1) Any party to a proceeding to be determined by administrative review, other than the applicant, may present evidence and make submissions. Idem (2) The evidence and submissions must be presented and made before the day which is at least twenty-five days after the date the notice of administrative review is issued. Reply (3) The applicant may reply to any submissions made any time before the day that is fifteen days after the deadline for making submissions. 1992, c. 11, s. 69.
Determination and order
70. After the periods for submissions and reply have expired, a rent officer shall review the evidence and submissions and make a determination on all matters without a hearing and make an order. 1992, c. 11, s. 70.
Material to be considered
71. (1) Except as provided in subsection (2) and section 72, if a proceeding is decided by administrative review, (a) the only evidence and submissions in support of the application that the rent officer may consider is that filed with the application or given in reply; and (b) the only evidence and submissions that a party other than the applicant may present or make is that presented or made under subsection 69 (1). Further submissions (2) A rent officer may permit a party to present further evidence or submissions or may direct a party to present further evidence or submissions that the rent officer considers necessary to make a decision. Idem (3) If any person presents further evidence or submissions, the rent officer shall give the other parties an opportunity to examine it and to explain or refute it. If further submissions not filed (4) If an applicant fails to comply with a direction under subsection (2) or section 92, the rent officer may dismiss the application or refuse to consider that part of the application relating to the failure to comply with the direction. Idem (5) If a party other than an applicant fails to comply with a direction under subsection (2) or section 92, the rent officer may refuse to take into account the party’s submissions and evidence respecting the matter regarding which there was a failure to comply with the direction. Oral evidence (6) A rent officer shall make a written record of any oral evidence or submissions given in an administrative review and shall place that record in the file. 1992, c. 11, s. 71.
Other relevant information
72. (1) The rent officer may consider any relevant information obtained by him or her in addition to the evidence given by the parties, provided that he or she first informs the parties of the additional information and gives them an opportunity to explain or refute it. Additional powers (2) The rent officer may, (a) conduct an enquiry or inspect documents that he or she considers necessary; (b) question any person by telephone or otherwise; and (c) cause an employee of the Ministry to do anything set out in clauses (a) and (b). Idem (3) The person collecting evidence under subsection (2) shall make a written record of any evidence obtained and shall place that record in the file. View premises (4) The rent officer may view any premises that are the subject of an administrative review. Inspection of premises (5) A rent officer may direct an inspector to inspect premises that are the subject of an administrative review and the inspector shall make a written report of the inspection and place the report in the file. 1992, c. 11, s. 72.
SPPA does not apply
73. The Statutory Powers Procedure Act does not apply to a determination without a hearing. 1992, c. 11, s. 73.
Information available
74. A Chief Rent Officer shall make available for public inspection any application that is determined by administrative review and the evidence, submissions and order relating to that application, in the same manner that it would be available if the application were determined with a hearing. 1992, c. 11, s. 74. Pre-Hearing Conference
Pre-hearing conference
75. (1) If there is to be a pre-hearing conference, the Chief Rent Officer shall notify the parties in writing of the date set for the conference. Date (2) The conference shall be set for a day that is at least fifteen days after the date the notice of pre-hearing conference is issued. Idem (3) The rent officer conducting the pre-hearing conference may direct that any of the following matters be discussed: 1. Whether the issues to be dealt with at the hearing can be clarified. 2. Whether any person ought to be added or removed as a party to the proceeding. 3. What rental units are affected by the proceeding. 4. Any procedural matter that arises or may arise in connection with the proceeding. 1992, c. 11, s. 75.
Evidence to be considered
76. (1) Except as provided in subsection (2), the only written evidence in support of the application that the rent officer may consider is the material filed with the application or given in reply. Additional evidence (2) Before, during or after a pre-hearing conference, a rent officer may permit a party to file additional evidence or may direct a party to file any additional evidence the rent officer considers necessary. Idem (3) If a party files additional evidence, the rent officer shall give the other parties an opportunity to examine it and to explain or refute it. Idem (4) The rent officer may reconvene the conference from time to time, if necessary. 1992, c. 11, s. 76.
Submissions
77. Any party to the application may make submissions at a pre-hearing conference respecting the matters in issue at the conference. 1992, c. 11, s. 77.
Recommendations
78. (1) The rent officer may make whatever written recommendations he or she considers necessary or advisable arising out of the matters that are considered at the conference. Idem (2) Any recommendations made under subsection (1) shall be placed in the file pertaining to the proceeding. Examination of recommendations (3) Any party to the proceeding is entitled to examine the recommendations and may make submissions in respect of them at the hearing. 1992, c. 11, s. 78.
Order
79. (1) The rent officer may make whatever preliminary order he or she considers fair in the circumstances arising out of the matters that are considered at the conference. Exception (2) Despite subsection (1), the rent officer shall not make an order clarifying the issues to be dealt with at the hearing. Idem (3) The rent officer shall give a copy of any order to the parties to the conference before the hearing and shall give written reasons for it if requested by a party. Order binding (4) A preliminary order under this section is binding on the rent officer who conducts the hearing. 1992, c. 11, s. 79.
Rent officer not to conduct hearing
80. The rent officer who conducts the pre-hearing conference shall not conduct the hearing or determine the proceeding by administrative review. 1992, c. 11, s. 80.
SPPA does not apply
81. The Statutory Powers Procedure Act does not apply to a pre-hearing conference. 1992, c. 11, s. 81. Hearing
Notice of hearing
82. (1) If there is to be a hearing, the Chief Rent Officer shall notify the parties in writing of the date set for the hearing. Date (2) The hearing shall be set for a day that is after the later of, (a) fifty-five days after the date the acknowledgment notice is issued; and (b) fifteen days after the date the notice of hearing is issued. 1992, c. 11, s. 82.
SPPA applies
83. The Statutory Powers Procedure Act applies to all hearings conducted by rent officers under this Act. 1992, c. 11, s. 83.
Matters to be considered
84. (1) The rent officer conducting the hearing may consider, (a) any evidence and submissions given to him or her in respect of the application; (b) any evidence and submissions given at the hearing; and (c) any other matters he or she considers necessary or advisable to deal with the matter being heard. Additional powers (2) During a hearing, a rent officer may question any person by telephone, so long as it is done in such a way that any parties attending the hearing can hear both sides of the conversation. Idem (3) A rent officer may view any premises that are the subject of a hearing and may do so before, during or after the hearing but, if the rent officer does so before or after the hearing, he or she shall give the parties an opportunity to view the premises with him or her. Idem (4) A rent officer may direct an inspector to inspect premises that are the subject of a hearing. Idem (5) A rent officer may authorize an employee or agent of the Ministry to conduct an enquiry or inspect documents that he or she considers necessary and to question any person by telephone or otherwise. Idem (6) A person acting under subsection (4) or (5) shall make a written report of any inspection, enquiry or questioning done and place the report in the file. 1992, c. 11, s. 84.
Submissions
85. Any party to the application may make submissions to the rent officer at a hearing. 1992, c. 11, s. 85.
Evidence to be considered
86. (1) Except as provided in subsection (2) and section 88, the only written evidence in support of the application that the rent officer may consider is the evidence filed with the application or given in reply. Additional evidence (2) Before, during or after a hearing, a rent officer may permit a party to present additional evidence or may direct a party to present any additional evidence the rent officer considers necessary to make a decision. Idem (3) If a party presents additional evidence, the rent officer shall give the other parties an opportunity to examine it and to explain or refute it. Idem (4) The rent officer shall reconvene the hearing from time to time, if necessary. If additional evidence not presented (5) If an applicant fails to comply with a direction under subsection (2) or section 92, the rent officer may dismiss the application or refuse to consider that part of the application relating to the failure to comply with the direction. Idem (6) If a party other than an applicant fails to comply with a direction under subsection (2) or section 92, the rent officer may refuse to consider the party’s submissions and evidence respecting the matter regarding which there was a failure to comply with the direction. 1992, c. 11, s. 86.
Rent officer may question parties
87. At the hearing, the rent officer may question the parties who are in attendance and any witnesses with a view to determining the truth concerning the matters in dispute. 1992, c. 11, s. 87.
Other relevant information
88. The rent officer may consider any relevant information obtained by him or her in addition to the evidence given at the hearing, provided that he or she first informs the parties of the additional information and gives them an opportunity to explain or refute it. 1992, c. 11, s. 88. Other Matters
Frivolous or vexatious proceeding
89. (1) A rent officer shall discontinue a proceeding if, in his or her opinion, the matter is trivial, frivolous or vexatious or has not been initiated in good faith. Fraud (2) A rent officer may require an inspector to investigate the conduct of a proceeding if he or she has reason to believe that a party may have filed documents that the party knew or ought to have known contained false or misleading information. Idem (3) A rent officer may discontinue a proceeding if he or she finds that the applicant filed documents that the applicant knew or ought to have known contained false or misleading information. Idem (4) A rent officer shall not consider a document filed by a party other than the applicant if he or she finds that the party knew or ought to have known the document contained false or misleading information. 1992, c. 11, s. 89.
Applications joined
90. (1) The Chief Rent Officer or a rent officer may direct that two or more applications be joined or heard together if he or she believes it would be fair to determine the issues raised by them together. Issues severed (2) If the Chief Rent Officer or a rent officer believes that it would be fair to deal with some of the issues raised by an application separately from others, he or she may so direct and may make separate orders, if necessary. 1992, c. 11, s. 90.
Real substance
91. In making findings on an application, a rent officer shall ascertain the real substance of all transactions and activities relating to a residential complex or a rental unit and the good faith of the participants and in doing so, (a) may disregard the outward form of a transaction or the separate corporate existence of participants; and (b) may have regard to the pattern of activities relating to the residential complex or the rental unit. 1992, c. 11, s. 91.
File information
92. A rent officer may direct a landlord to file information under section 104, 104.1, 107 or 108. 1994, c. 2, s. 21. Order
Order
93. (1) Upon making findings on an application, the rent officer shall make an order. Conditions (2) The rent officer may include in an order whatever conditions he or she considers fair in the circumstances. Copy to parties (3) The rent officer shall forthwith give a copy of an order to the parties and their agents and shall give written reasons. Order final (4) An order made by a rent officer is final, binding and not subject to review except under section 95 or 96 and shall take effect and is enforceable according to its terms from the date it is made. 1992, c. 11, s. 93.
Clerical errors
94. If an order contains a clerical error or omission, the rent officer may amend it at any time before the hearing of an appeal of it has been commenced. 1992, c. 11, s. 94.
Power to reconsider
95. (1) If, within one year of the date of an order, the Chief Rent Officer designated by the Director believes that a serious error has been made in it, the Chief Rent Officer or his or her delegate shall reconsider the matter and may affirm, rescind, amend or replace the order. Idem (2) If a party to an application is found guilty of the offence of furnishing false or misleading information under this Act or is found guilty of fraud, perjury, forgery, uttering a forged document or false pretences under the Criminal Code (Canada) respecting the application after an order has been made on the application, the Chief Rent Officer designated by the Director, or his or her delegate, shall reconsider the matter and may affirm, amend, rescind or replace the order and subsequent orders or notices of carry forward affected by it. 1992, c. 11, s. 95. Appeal
Appeal to Divisional Court
96. (1) Any person affected by an order of a rent officer or the Director may appeal the order to the Divisional Court but only on a question of law. Director may be heard (2) The Director is entitled to be heard by counsel or otherwise upon the argument on any issue in an appeal. Power of Divisional Court on appeal (3) If an appeal is brought under this section, the Divisional Court shall hear and determine the appeal and may, (a) affirm, rescind, amend or replace the decision or order; or (b) remit the matter to a rent officer or the Director, as the case may be, with the opinion of the Divisional Court. Idem (4) The Divisional Court may also make any other order in relation to the matter that it considers proper and may make any order with respect to costs that it considers proper. 1992, c. 11, s. 96.
Orders not stayed pending appeal
97. An appeal from an order of a rent officer or the Director does not stay the order pending the hearing of the appeal. 1992, c. 11, s. 97. Miscellaneous
Substantial compliance
98. Substantial compliance with this Act respecting the contents of forms, notices or documents is sufficient unless a rent officer or other employee of the Ministry with whom it is filed is of the opinion that it would result in unfairness to any person. 1992, c. 11, s. 98.
Contingency fee limited
99. (1) No agent who represents a landlord or a tenant in a proceeding under this Act or who assists a landlord or tenant in a matter arising under this Act shall charge or take a fee based on a proportion of any amount which has been or may be recovered, gained or saved, in whole or in part, through the efforts of the agent, where the proportion exceeds the prescribed amount. Contingency agreement void (2) Any agreement which provides for a fee prohibited in subsection (1) is void. 1992, c. 11, s. 99.
Enforcement of order for the payment of money
100. (1) A certified copy of an order of a rent officer for the payment of a sum of money may be filed with the Ontario Court (General Division) or the Small Claims Court and, on being filed, the order has the same force and effect and all proceedings may be taken on it as if it were a judgment of that Court. Rescission of order (2) An order rescinding an order filed under subsection (1) may be filed under that subsection and, upon filing, the order previously made ceases to have effect for the purposes of subsection (1). Variation of order (3) An order varying an order filed under subsection (1) may be filed under that subsection and, upon filing, the order previously made as so varied may be enforced in a like manner as an order filed under subsection (1). 1992, c. 11, s. 100. PART III   RENT REGISTRY
Rent registry
101. The Registrar shall establish and maintain a rent registry for all residential complexes that contain rental units to which this Act applies. 1992, c. 11, s. 101.
Transfer of registered information
102. Upon the coming into force of this section, the Registrar shall receive from the Minister and record in the rent registry all information that was recorded in the rent registry under the Residential Rent Regulation Act before the day this section is proclaimed in force. 1992, c. 11, s. 102. Statements to be Filed
Statement for new complex
103. (1) Every landlord of a new residential complex to which subsection 3 (7) (time limited exemption) applies shall file with the Registrar a statement in the prescribed form. 1992, c. 11, s. 103 (1). When statement due (2) The landlord shall file the statement, (a) in the case of a residential complex that is a care home, on or before the later of, (i) six months after the day the first rental unit in the residential complex is first rented, and (ii) ninety days following the day this subsection comes into force; and (b) in all other cases, within six months after the day the first rental unit in the residential complex is first rented. 1994, c. 2, s. 22 (1). Contents of statement (3) The statement shall set out the following information: 1. The name and address of the landlord. 2. If the landlord is not ordinarily resident in Ontario, the name and address of the landlord’s representative or agent in Ontario. 3. The municipal address of every building that forms part of the residential complex. 4. The number of bedrooms and the suite number or other means of identification for each rental unit to which sections 6, 7, 7.1, 8, 9.1, 107, 108, 109 and this section apply. 5. The day the first rental unit in the residential complex is first rented. 6. Any other prescribed information. 1992, c. 11, s. 103 (3); 1994, c. 2, s. 22 (2). Certificate (4) Subsections 105 (2) to (4) apply with necessary modifications to the filing of a statement under this section. 1992, c. 11, s. 103 (4).
Statement of rent information
104. (1) Every landlord of a residential complex that is not a care home and that contains more than three residential units shall file with the Registrar a statement of rent information in the prescribed form. 1994, c. 2, s. 23 (1). When statement due (2) The landlord shall file the statement for all rental units in the residential complex that were rented on or before the date of filing and the date of filing shall be, (a) in the case of a new residential complex all of whose rental units are subject to subsection 3 (7) on the prescribed date, the date on which this Act first applies to a rental unit in the residential complex; and (b) in all other cases, the prescribed date. Idem (3) The Registrar may by notice require a landlord of a residential complex containing one, two or three residential units to file with the Registrar a statement of rent information in the prescribed form on or before the date set out in the notice if, (a) a tenant of a rental unit in the residential complex requests the Registrar to do so; or (b) in the circumstances, it would be reasonable to do so. Idem (4) A landlord who is required to file a statement of rent information shall file additional statements for all rental units to which this Act subsequently applies or which subsequently become rented within six months of the day of the first filing and thereafter every six months until a statement has been filed for all rental units in the residential complex. Idem (5) The landlord may file the statement before the date required under this section. Landlord may file (6) A landlord of a residential complex may file a statement of rent information even if it is not required under this section. Transitional (7) On or before the prescribed date, the Registrar may by notice require a landlord of a residential complex containing four, five or six residential units to file with the Registrar a statement of rent information in the prescribed form on or before the date set out in the notice if, (a) a tenant of a rental unit in the residential complex requests the Registrar to do so; or (b) in the circumstances, it would be reasonable to do so. 1992, c. 11, s. 104 (2-7). Same (8) Nothing in subsection (1) requires a landlord to file a statement of rent information if the landlord has filed a statement of rent information in accordance with that subsection as it read on November 22, 1993. 1994, c. 2, s. 23 (2).
Statement of care home information
104.1 (1) Every landlord of a residential complex that is a care home or becomes a care home on or after November 23, 1993 and that contains more than three residential units shall file with the Registrar a statement of care home information in the prescribed form. Other provisions (2) Subsections 104 (2), (4), (5) and (6) apply to this section with necessary modifications as if the residential complex were the care home and the statement of rent information were the statement of care home information. Required information (3) The Registrar may by notice require a landlord of a residential complex that is a care home or becomes a care home on or after November 23, 1993 containing any number of residential units to file with the Registrar a statement of care home information in the prescribed form on or before the date set out in the notice if, (a) a tenant of a rental unit in the residential complex requests the Registrar to do so; or (b) in the circumstances, it would be reasonable to do so. Deemed compliance (4) At the time that a landlord of a residential complex files the statement of care home information that is required to be filed under this section, the landlord shall be deemed to have filed the information required by section 104 of this Act and Part V of the Residential Rent Regulation Act. 1994, c. 2, s. 24.
Contents of statement
105. (1) The statement of rent information shall set out the following information: 1. The name and address of the landlord. 2. If the landlord is not ordinarily resident in Ontario, the name and address of the landlord’s representative or agent in Ontario. 3. The municipal address of every building that forms part of the residential complex. 4. The number of bedrooms and the suite number or other means of identification for each rental unit to which this Act applies. 5. The initial rent date for each rental unit to which this Act applies and the rent that was charged on that date. 6. The date that the rent that was charged on the initial rent date was first charged. 7. The number of bedrooms and the suite number or other means of identification for each residential unit to which this Act does not apply, together with the reasons why it does not apply. 8. The other prescribed information. 1992, c. 11, s. 105 (1). Statement of care home information (1.1) A statement of care home information shall set out the following information: 1. The information mentioned in subsection (1). 2. The number of persons occupying the rental unit as of the initial rent date, unless another date is prescribed. 3. The care services and meals that are provided in the care home as of the initial rent date, unless another date is prescribed. 4. The total amount of rent and charges for care services and meals charged for each rental unit as of the initial rent date, unless another date is prescribed. 5. The other prescribed information. 1994, c. 2, s. 25 (1). Certificate (2) A statement of rent information and a statement of care home information shall contain a certificate signed by the landlord stating that the information contained in the statement, including any attachments to it, is true, correct and complete to the best of the landlord’s knowledge and belief. 1994, c. 2, s. 25 (2). Idem (3) If the landlord is a corporation, the certificate shall be signed by the president, secretary or other authorized senior officer of it. Idem (4) A landlord may give an agent written authorization to sign the certificate and, if the landlord does so, the Registrar may require a copy of the authorization to be filed. 1992, c. 11, s. 105 (3, 4). Discretion (5) If a landlord is not able to provide the Registrar with the rent charged on the initial rent date for a rental unit because the initial rent date is not known or because the amount charged on that date is not known, the Registrar may permit the landlord, (a) to claim, as the initial rent date, (i) the earliest date since November 23, 1993 that the rent charged is known, in the case of a rental unit in a care home where the initial rent date of the rental unit is on or after November 23, 1993, or (ii) the earliest date since July 1, 1985 that the rent charged is known, in all other cases; and (b) to claim as the rent charged as of the initial rent date, the amount charged as of the date under clause (a). 1992, c. 11, s. 105 (5); 1994, c. 2, s. 25 (3).
Deemed filing
106. Despite sections 104 and 105, if the information required to be filed under those sections respecting a residential complex was filed under Part V of the Residential Rent Regulation Act before this section comes into force, the landlord of that residential complex shall be deemed to have filed that information under those sections. 1992, c. 11, s. 106.
Change of information
107. (1) Every landlord of a residential complex shall file with the Registrar a statement of change of information in the prescribed form setting out any changes in the information filed with the Registrar if those changes are necessary to maintain the accuracy and currency of the rent registry. When due (2) A statement of change of information shall be filed within thirty days after the change occurred. Certificate (3) Subsections 105 (2) to (4) apply with necessary modifications to the filing of a statement of change of information. 1992, c. 11, s. 107.
Notice to refile information
108. (1) If the Registrar is satisfied that information about a residential complex that a landlord has filed with the Registrar is incorrect or incomplete, the Registrar may by notice require the landlord to file a new or amended statement. Idem (2) The notice shall, (a) inform the landlord that the landlord must file a corrected or completed statement before the day set out in the notice; (b) identify those items in the landlord’s statement that the Registrar believes to be incorrect or incomplete; and (c) inform the landlord of the landlord’s right to apply under section 33 for an order verifying that the information is correct and complete. Acceptance refused (3) If the landlord does not comply with a notice under this section, the Registrar may refuse to accept the statement to which the notice relates for filing. Certificate (4) Subsections 105 (2) to (4) apply with necessary modifications to the filing of a new or amended statement. 1992, c. 11, s. 108.
New landlord
109. If, when a person becomes the new landlord of a residential complex, the time for filing a statement under section 103, 104, 104.1, 107 or 108 has expired, the new landlord shall file the statement within thirty days of becoming landlord. 1992, c. 11, s. 109; 1994, c. 2, s. 26. Calculation of Maximum Rent
Maximum rent
110. (1) After accepting a statement of rent information or a statement of care home information and within the prescribed time, the Registrar shall, (a) calculate for each rental unit to which this Act applies and for which information was filed, the maximum rent as of the initial rent date and the date on which that maximum rent took effect or takes effect; and (b) calculate for each such rental unit the maximum rent on the date of the calculation and the date on which that maximum rent took effect. 1992, c. 11, s. 110 (1); 1994, c. 2, s. 27 (1). Idem (2) The Registrar shall make the calculations under subsection (1) for a rental unit in accordance with the prescribed rules after reviewing the information filed or recorded under this Part, any orders or notices of carry forward made under this Act, any increase or decrease in maximum rent resulting from subsection 10 (12) or (13), any decreases in maximum rent made under section 113 or 115, any orders made under The Residential Premises Rent Review Act, 1975 (2nd Session) or the Residential Tenancies Act, being chapter 452 of the Revised Statutes of Ontario, 1980, and any orders or notices under the Residential Rent Regulation Act that affect that rental unit. 1992, c. 11, s. 110 (2); 1994, c. 2, s. 27 (2). Separate charges (3) Subsections 45 (1) and (2) apply with necessary modifications to the Registrar’s calculation of separate charges under this section. 1992, c. 11, s. 110 (3).
Information recorded
112. (1) The Registrar shall record in the rent registry, (a) the information filed and accepted under this Part; (b) the calculations made under section 110; (c) an order made under Part I; (d) the most recent order made under The Residential Premises Rent Review Act, 1975 (2nd Session) or the Residential Tenancies Act, being chapter 452 of the Revised Statutes of Ontario, 1980, or any order made under the Residential Rent Regulation Act; (e) a guideline increase permitted to be taken under Part I; (f) a statutory increase that was permitted under The Residential Premises Rent Review Act, 1975 (2nd Session), Part XI of the Residential Tenancies Act, being chapter 452 of the Revised Statutes of Ontario, 1980, or Part VI of the Residential Rent Regulation Act; (g) any decrease in maximum rent under section 113; (h) any other information necessary to maintain the accuracy and currency of the rent registry; and (i) the current maximum rent and the date on which it takes effect, as calculated by the Registrar from the information recorded under clauses (a) to (h). Clerical errors (2) If the Registrar is satisfied that any information recorded in the rent registry is incorrect due to a clerical error or omission, the Registrar may amend the rent registry accordingly. Idem (3) Upon amending the rent registry under subsection (2), the Registrar shall notify the affected parties of any amended information. Deemed maximum rent (4) The current maximum rent recorded in the rent registry for a given date, if any, is deemed to be the maximum rent for the rental unit as of that date. Idem (5) If the rent referred to in subsection (4) is not set out in an order, the deeming in subsection (4) may be rebutted in any application under this Act in which maximum rent is determined. 1992, c. 11, s. 112. Miscellaneous
Lower assessment
113. (1) The Registrar may decrease the maximum rent in accordance with the prescribed rules and record the decrease in the maximum rent in the registry if, (a) a reassessment under the Assessment Act in a municipality results in a decrease in the assessed value of a residential complex or a rental unit in it; (b) the Council of the municipality by resolution filed with the Registrar requests a decrease in the maximum rent in the affected rental units; and (c) the residential complex contains the prescribed number of residential units. Idem (2) The Registrar shall calculate the decrease in maximum rent requested for each affected rental unit in accordance with the prescribed rules and notify the Council of the results of those calculations. Notice (3) The Council shall give notice of a decrease in maximum rent under this section to the landlord of the residential complex affected by the decrease and to the tenants of any affected rental units. Idem (4) The notice shall set out, (a) particulars of the decrease in maximum rent and the reasons for it; and (b) the person’s right under section 33 to apply to dispute the accuracy of the decrease in maximum rent or, if the change in assessment has been appealed, to change the amount of the decrease of the maximum rent. Deduction from rent (5) Any tenant whose rental unit is affected by a decrease in maximum rent under this section may deduct from future rent payments to the landlord any money the landlord owes to the tenant as a result of the decrease. 1992, c. 11, s. 113.
Notice re reduction
114. (1) If the maximum rent for a rental unit includes a capital component, the Registrar shall give the landlord and the tenant of the rental unit written notice that the maximum rent will be decreased by the amount of the capital component. Idem (2) The Registrar shall give the written notice at least six months before the date on which that capital component is to be deducted from the maximum rent according to the most recent finding under clause 20 (1) (h) or determination under clause 22 (3) (d) that refers to that capital component. 1992, c. 11, s. 114.
Reduction of maximum rent
115. (1) If the maximum rent for a rental unit includes a capital component, the Registrar shall decrease the maximum rent for the rental unit by the amount of that capital component. Idem (2) The effective date of the decrease shall be the date for the decrease set out in the most recent finding under clause 20 (1) (h) or determination under clause 22 (3) (d) that refers to that capital component. 1992, c. 11, s. 115.
Information
116. (1) The Registrar shall provide a person with information that is recorded in the rent registry respecting a rental unit if the person requests that information in the prescribed manner. Idem (2) The Registrar may provide a person with information that is recorded in the rent registry respecting a rental unit if he or she believes it is appropriate to do so. Limit on information (3) The Registrar may limit the information provided in accordance with the prescribed rules. Personal information (4) The Registrar may provide the landlord’s name and address under this section. Form of information (5) The Registrar may provide the information on paper or in electronic, photographic or other form. Fees (6) The Registrar may charge the prescribed fees for providing the information. 1992, c. 11, s. 116. PART IV   GENERAL
Record
117. In this Part, “record” includes a book of account, bank book, voucher, receipt, correspondence and any other document regardless of whether the document is on paper or is in electronic, photographic or other form. 1992, c. 11, s. 117.
Administration
118. (1) The Minister is responsible for the administration of this Act. Delegation (2) The Minister may in writing delegate any power or duty granted to or vested in the Minister under this Act to any officer or employee of the Ministry, subject to the conditions set out in the delegation. 1992, c. 11, s. 118.
Duties of Minister
119. The Minister shall, (a) where the circumstances warrant, commence or cause to be commenced proceedings in respect of an alleged failure to comply with this Act or an order made under it; and (b) take an active role in ensuring, by any suitable method, including the making of grants, that landlords and tenants are aware of the benefits and obligations under this Act and the Landlord and Tenant Act. 1992, c. 11, s. 119.
Director
120. (1) The Minister shall appoint an employee of the Ministry to be the Director of Rent Control. Delegation (2) The Director may in writing delegate any power or duty granted to or vested in the Director under this Act to any employee or agent of the Ministry, subject to the conditions set out in the delegation. Duties of Director (3) In addition to the other duties given to the Director under this Act, the Director shall, (a) investigate cases of alleged failure to comply with this Act or orders made under it; (b) monitor compliance with this Act; and (c) ensure that the prescribed maintenance standards are being complied with. 1992, c. 11, s. 120.
Exclusive jurisdiction
121. (1) The Director has exclusive jurisdiction respecting any matter or thing in respect of which a power, authority or discretion is conferred upon the Director. Rules and policies (2) The Director shall observe the prescribed procedural and interpretative rules and policies in interpreting this Act and exercising a power or discretion conferred by it. 1992, c. 11, s. 121.
Inspectors
122. (1) The Director may appoint inspectors for the purposes of this Act. Certificate of appointment (2) The Director shall issue a certificate of appointment bearing his or her signature or a facsimile of it to every inspector. Production of certificate (3) An inspector who is exercising a power of entry shall produce his or her certificate of appointment. 1992, c. 11, s. 122.
Duties of inspectors
123. (1) An inspector shall carry out the duties assigned to him or her by the Director. Powers (2) An inspector may exercise any of the powers set out in subsection (3) if he or she does so between the hours of 7 a.m. and 9 p.m. having first given reasonable prior notice and if the power is being exercised, (a) to determine whether this Act applies to a residential complex or a rental unit in it; (b) to inspect premises to determine whether a landlord has complied with a prescribed maintenance standard; (c) to determine whether a residential complex has been adequately maintained; (d) to determine whether the work giving rise to a capital expenditure has been completed; (e) to determine whether services and facilities have been discontinued or reduced. Idem (3) An inspector exercising a power for a purpose under subsection (2) may, (a) enter any place; (b) require the production of and inspect any records or other things that may be relevant to the inspection; (c) inquire into any matters that may be relevant to the inspection; and (d) take any photographs that may be relevant to the inspection. Power to remove things (4) Upon giving a receipt for them, an inspector may remove from a place records or other things that may be relevant to the inspection to make copies or extracts from them or to hold them as evidence. Return (5) An inspector shall promptly return any records or other things he or she has removed unless they are being held as evidence and copies of them cannot be made. Idem (6) The Director shall ensure that if a record or other thing is being held as evidence by the Ministry, (a) the person from whom it was taken may have access to it; and (b) it is returned to the person as soon as it is no longer needed as evidence. Expert assistance (7) An inspector may call upon any expert he or she considers necessary to assist in the inspection. Entry to dwellings (8) If the occupier of a place that is being used as a dwelling gives his or her consent, an inspector may exercise any of the powers set out in subsection (3) at any time and without giving prior notice, but if that consent is not given the inspector shall not exercise such a power except under the authority of a search warrant issued under section 124. Idem (9) A consent under subsection (8) is not valid unless before obtaining it the inspector informs the occupier that he or she may refuse to consent to the exercise of a power under subsection (3) and that without the occupier’s consent the inspector is not permitted to exercise that power without the authority of a search warrant. Entry to common areas (10) If the occupier of a rental unit who is permitted access to a common area gives his or her consent, an inspector may exercise a power of entry set out in subsection (3) to enter that common area at any time and without giving prior notice. 1992, c. 11, s. 123.
Search warrant
124. (1) A justice of the peace may issue a search warrant in the prescribed form authorizing an inspector to enter any place and exercise any of the powers under section 123 if the justice is satisfied by information upon oath that there are reasonable and probable grounds to believe that, (a) an offence under this Act has been committed; and (b) entering and exercising those powers will afford evidence as to the commission of the offence. Return (2) The inspector shall promptly return any records or other things he or she has removed unless they are being held as evidence and copies of them cannot be made. Idem (3) The Director shall ensure that if a record or other thing is being held as evidence by the Ministry, (a) the person from whom it was taken may have access to it; and (b) it is returned to the person as soon as it is no longer needed as evidence. Additional authority (4) A search warrant authorizes the inspector to call upon any expert he or she considers necessary to assist in executing it and to use any data storage, processing or retrieval device or system necessary to produce a record in readable form. Execution and expiry (5) A search warrant shall specify the hours and days during which it may be executed and shall name a date on which it expires, which date shall not be later than thirty days after its issue. Extension of time (6) A justice of the peace may extend the date on which a search warrant expires for a period of no more than thirty days upon motion by the inspector named in it and may do so before or after it expires. Time of execution (7) A search warrant shall be executed between the hours of 7 a.m. and 9 p.m. unless it provides otherwise. Person to assist with records (8) A person who is required to produce a record for an inspector shall, on request, provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system, to produce a record in readable form. 1992, c. 11, s. 124.
Admissibility of copies
125. A copy of or extract from a record made by or for an inspector exercising a power under section 123 or 124 is admissible in evidence as proof, in the absence of evidence to the contrary, of the original if it is certified as being a true copy of or extract from the original by the person who made it. 1992, c. 11, s. 125.