jswizzle3737/ontario_laws_and_regs huggingface dataset:
Act binds Crown
4. This Act binds the Crown. 1992, c. 11, s. 4. PART I   RENT CONTROL
No charge greater than maximum rent
5. (1) No landlord shall charge rent for a rental unit in an amount that exceeds the maximum rent for that rental unit. No charge greater than ordered (2) No landlord shall charge rent for a rental unit in an amount that exceeds the charge permitted under this Act or an order made under this Act. 1992, c. 11, s. 5. Rent in care home (3) No landlord shall charge a tenant of a rental unit in a care home rent in an amount that exceeds the sum of, (a) the maximum rent for the rental unit less the lawful separate charges allocated to the tenants of the rental unit, where the resulting amount is divided by the number of persons that the rental unit is intended to accommodate on the initial rent date for the rental unit or such other date as is prescribed; and (b) the lawful separate charges allocated to the tenant. Exception (4) Subsection (3) does not apply if, (a) only one tenancy agreement exists for the rental unit and it has been entered into by more than one tenant; or (b) only one tenancy agreement exists for the rental unit, it has been entered into by only one tenant, it has been entered into in writing and it has not been entered into as a result of coercion or because of a false, incomplete or misleading representation by the landlord or an agent of the landlord. 1994, c. 2, s. 10.
When increase permitted
6. (1) Except in cases where subsection 5 (3) applies, a landlord shall not increase the rent charged for a rental unit unless at least twelve months have elapsed, (a) since the date of the last rent increase for that rental unit; or (b) if there has been no such rent increase, since the day the rental unit was rented for the first time. 1992, c. 11, s. 6; 1994, c. 2, s. 11 (1). Same, care home (2) If subsection 5 (3) applies, a landlord shall not increase the rent charged to a tenant of a rental unit in a care home or the tenant’s successor unless at least twelve months have elapsed, (a) since the date of the last increase in the rent charged to the tenant; or (b) if there has been no such rent increase, since the day the rental unit was rented for the first time. 1994, c. 2, s. 11 (2). Notice of Rent Increase
Notice of increased charges
7.1 (1) A landlord shall not increase a charge for providing a care service or meals to a tenant of a rental unit in a care home, where the charge is not included in rent, without first giving the tenant at least ninety days notice of the landlord’s intention to do so. Contents of notice (2) The notice shall be in writing, shall set out the landlord’s intention to increase the charge and the amount of the intended increase and, if a form has been prescribed for the notice, shall be in the prescribed form. Effect of non-compliance (3) An increase in a charge for a care service or meals is void if the landlord has not given the notice required by this section. Transitional (4) Subsections (1), (2) and (3) do not apply to an increase in a charge for providing a care service or meals to a tenant of a rental unit in a care home if, (a) the residential complex in which the rental unit is located is a care home on November 23, 1993; (b) before November 23, 1993 the landlord has given the tenant a notice in writing of the increase in the charge on or after that day. 1994, c. 2, s. 13, part.
If tenant fails to give notice
8. If a tenant who has been given notice of an intended rent increase under section 7 fails to give the landlord proper notice of termination under the Landlord and Tenant Act, the tenant shall be deemed to have accepted whatever rent increase would be allowed under this Act after the landlord and the tenant have exercised their rights under this Act. 1992, c. 11, s. 8.
Notice to new tenant
9. (1) Before entering into a tenancy agreement with a new tenant, the landlord shall give the new tenant a notice in writing setting out the maximum rent for the rental unit. Idem (2) The notice shall also inform the new tenant of the most recent notice of rent increase given, any pending application made by the landlord under this Act or the Residential Rent Regulation Act, any notice of pending decrease in rent under section 114, any current order or any current notice of carry forward that affects the rental unit and any appeal that is pending from the order. If tenant not informed of maximum rent (3) If the landlord fails to give the new tenant the notice required under this section, the landlord shall not increase the actual rent charged to the tenant by more than the guideline unless twenty-four months have elapsed since the new tenant first occupied the rental unit. 1992, c. 11, s. 9.
Information to tenants in care home
9.1 (1) Before entering into a tenancy agreement with a new tenant in a care home after the ninetieth day following the day this subsection comes into force, the landlord shall give to the new tenant, in addition to the notice described in section 9, an information package containing the prescribed information. Effect of non-compliance (2) After the ninetieth day following the day this subsection comes into force, the landlord shall not give a notice of rent increase under section 7 or a notice of an increase under section 7.1 until the landlord has given the required information package to the tenant. Notice void (3) A notice that a landlord gives in contravention of subsection (2) is void. Existing tenants (4) If a tenancy agreement between a landlord and a tenant of a rental unit in a care home is in effect on the ninetieth day following the day this subsection comes into force, the landlord shall give the tenant the required information package by that ninetieth day. Notice void (5) A notice of rent increase under section 7 or notice of an increase under section 7.1 that a landlord gives to a tenant of a rental unit in a care home on or before the ninetieth day following the day this subsection comes into force is void if, by that ninetieth day, (a) no increase has been taken under the notice; and (b) the landlord has not given the tenant the required information package. 1994, c. 2, s. 13, part. Maximum Rent
Maximum increase without application
11. (1) No landlord shall increase the rent charged for a rental unit by more than the guideline unless, (a) an order has been made in accordance with this Part; or (b) the amount of the rent after the increase is applied is not higher than the maximum rent as of the date that the rent increase takes effect. Idem (2) The guideline shall not be applied to the capital components of the maximum rent. 1992, c. 11, s. 11.
Rent control guideline
12. (1) The Minister shall determine the rent control guideline in effect for each calendar year as follows: 1. Determine the rent control index taking into account the weights and the three year moving averages of the operating cost categories as set out in the prescribed Table. 2. The part of the guideline allocated to operating costs is equal to 55 per cent of the percentage increase in the rent control index, rounded to the nearest 1/10th of 1 per cent. 3. The part of the guideline allocated to capital expenditures is equal to 2 per cent. 4. The guideline is the sum of the part of the guideline allocated to operating costs and the part of the guideline allocated to capital expenditures. Publication of guideline (2) The Minister shall publish the rent control guideline for each year in The Ontario Gazette not later than the 31st day of August of the preceding year. Guideline for 1992 (3) Despite subsection (2), the rent control guideline for all rental units for 1992 is the Residential Complex Cost Index for that year as published by the Minister under subsection 70 (2) of the Residential Rent Regulation Act. 1992, c. 11, s. 12. Application for Increase Above Guideline
Extraordinary operating costs
14. (1) The landlord may base an application on an extraordinary increase in operating costs for municipal taxes, hydro, water or heating for the whole residential complex. Where increase is extraordinary (2) An increase in operating costs for municipal taxes, hydro, water or heating for the whole residential complex is extraordinary if the increase, expressed as a percentage, is at least 50 per cent more than the percentage set out in the corresponding operating cost category recognized in the Table referred to in subsection 12 (1) for that item. Taxes not considered (3) The rent officer shall not consider any portion of an increase in municipal taxes that results from non-compliance with a work order. 1992, c. 11, s. 14.
Eligible capital expenditure
15. (1) The landlord may base an application on eligible capital expenditures that the landlord has incurred respecting the residential complex or one or more rental units in it if the work was completed on or after the 6th day of June, 1991. When capital expenditure is eligible (2) Subject to subsection (3), a capital expenditure is eligible if, (a) it is necessary to protect or restore the physical integrity of the residential complex or a rental unit in it; (b) it is necessary to comply with municipal or provincial standards to protect the health or safety of persons or to protect the environment; (c) it is necessary to maintain the provision of a plumbing, heating, mechanical, electrical, ventilation or air-conditioning system; (d) it provides access for persons with disabilities; or (e) it increases energy or water conservation. When capital expenditure not eligible (3) A capital expenditure is not eligible if, (a) it became necessary as a result of neglect in maintaining the residential complex or a rental unit in it; or (b) a system or thing that is replaced does not require replacement. If advance determination (4) If there is an advance determination under section 29 respecting a capital expenditure to which this section applies and the work done or thing purchased is substantially the same as that anticipated in the advance determination, the rent officer shall consider any difference between the actual amount expended and the amount approved in the advance determination according to the prescribed rules. 1992, c. 11, s. 15.
Transition, capital expenditure
16. (1) The landlord may base an application on a capital expenditure that the landlord has incurred respecting the residential complex or one or more rental units in it if the work was completed on or after the 1st day of January, 1990 and before the 6th day of June, 1991 and if, (a) the expenditure was not claimed in an application made under section 73 of the Residential Rent Regulation Act; or (b) the expenditure was claimed in an application made under the Residential Rent Regulation Act but no relief was available in respect of the capital expenditure because that Act no longer permitted such relief. Idem (2) This section does not apply in respect of a capital expenditure claimed on an application which resulted in an order in which partial relief for capital expenditures was granted under the Residential Rent Regulation Act because of subsection 82 (3.1) or 99.15 (6) of that Act. Restriction (3) An application under this section must be made on or before the day that is six months after the day this section is proclaimed in force. Exception (4) The rent officer shall not consider a capital expenditure under this section if it became necessary as a result of neglect in maintaining the residential complex or a rental unit in it. 1992, c. 11, s. 16.
Capital expenditure re rental unit, on consent
17. (1) The landlord may base an application on a specified capital expenditure that the landlord has incurred respecting a rental unit if the tenant of the rental unit consents in the prescribed form to the application in respect of this ground after being informed in writing by the landlord of the particulars applied for. If advance determination (2) If there is an advance determination under section 29 respecting a capital expenditure to which this section applies and the work done or thing purchased is substantially the same as that anticipated in the advance determination, the rent officer shall consider any difference between the actual amount expended and the amount approved in the advance determination according to the prescribed rules. Idem (3) If there is a finding in the advance determination that the tenant of the rental unit consented to the application for the advance determination, consent of the tenant to the application under this section is not required for the capital expenditures that are the subject of the advance determination even if there is a different tenant at the time of the application under this section. 1992, c. 11, s. 17.
New or additional services
18. (1) The landlord may base an application on the cost of new or additional services for a rental unit that the landlord is providing if the tenant of the rental unit consents in the prescribed form to the application in respect of this ground after being informed in writing by the landlord of the particulars applied for. If advance determination (2) If there is an advance determination under section 29 respecting a service to which this section applies and that service is substantially the same as that anticipated in the advance determination, the rent officer shall consider any difference between the actual amount expended and the amount approved in the advance determination according to the prescribed rules. Idem (3) If there is a finding in the advance determination that the tenant of the rental unit consented to the application for the advance determination, consent of the tenant to the application under this section is not required for the services that are the subject of the advance determination even if there is a different tenant at the time of the application under this section. 1992, c. 11, s. 18.
Rent chargeable before order
19. If an application is made under section 13 and the landlord has given a notice of intended rent increase as required, until an order setting the maximum rent for the rental unit takes effect, the landlord shall not charge or collect a rent that exceeds the lesser of, (a) the amount that would be charged if the intended rent increase specified in the notice were applied; and (b) the amount that would be charged if the maximum rent were increased by the amount obtained by applying the guideline to that part of the maximum rent that excludes all capital components. 1992, c. 11, s. 19.
Application to reduce rent
23. (1) A tenant of a rental unit in a residential complex may apply to a Chief Rent Officer for an order reducing the rent for the rental unit. Idem (2) An application under this section may be based on any one or more of the grounds set out in sections 24 to 26. Parties to be added (3) If a rent officer believes that the rents of one or more rental units in the residential complex would be directly affected by the issues raised in an application under this section, the rent officer shall add the tenants of those rental units as parties to the application. All units considered (4) In the application, the rent officer determining the matter shall determine the rents that may be charged or the maximum rent for the rental units referred to in subsections (1) and (3). Former tenant (5) A person may make an application under this section as a tenant of a rental unit based on a discontinuance or reduction in services and facilities if the person was a tenant of that rental unit and was affected by the discontinuance or reduction of the services and facilities even if the person is no longer a tenant of that rental unit at the time of the application. 1992, c. 11, s. 23.
Operating costs
24. (1) The tenant may base an application on an extraordinary decrease in operating costs for municipal taxes, hydro, water or heating for the whole residential complex. Where decrease is extraordinary (2) A decrease in operating costs for municipal taxes, hydro, water or heating for the whole residential complex is extraordinary if the decrease, expressed as a percentage, is at least 50 per cent less than the percentage set out in the corresponding operating cost category recognized in the Table referred to in subsection 12 (1) for that item. Consider increase (3) Before making an order on an application under this section, the rent officer shall consider any evidence provided by the landlord concerning an extraordinary increase in operating costs for municipal taxes, hydro, water or heating for the whole residential complex. 1992, c. 11, s. 24.
Inadequate maintenance
25. The tenant may base an application on whether the standard of maintenance or repair of the rental unit or of the whole residential complex is inadequate. 1992, c. 11, s. 25.
Reduced services
26. The tenant may base an application on any discontinuance or reduction in the services and facilities provided in respect of the rental unit or of the whole residential complex. 1992, c. 11, s. 26.
Findings
27. Before making an order on an application under section 23, the rent officer shall make findings according to the prescribed rules for each rental unit affected by the order, (a) to determine which of the grounds the tenant relies on in the application apply to the rental unit; and (b) for each such ground to determine whether a reduction of the rent charged or of maximum rent is justified and in what amount. 1992, c. 11, s. 27.
Advance determination
29. (1) Before making a capital expenditure or providing a new or additional service in respect of a residential complex or a rental unit in it, the landlord may apply to a Chief Rent Officer for an advance determination under this section. Findings (2) Before making an order on the application, the rent officer shall make findings in accordance with the prescribed rules for each rental unit affected by the order, (a) to determine whether a proposed expenditure is an eligible capital expenditure; (b) if a proposed expenditure or service is in respect of a rental unit, to determine if the tenant of the rental unit has consented to it; (c) to determine the amount that will be allowed in respect of the expenditure or service in an application made under section 13; (d) to determine any other prescribed matter. Order (3) The rent officer shall make an order based on the findings. 1992, c. 11, s. 29. Payment of Illegal Rent
Application re illegal charges
32. (1) A person may apply to a Chief Rent Officer for an order determining that a person has collected money from that person if the collection is prohibited by clause 31 (1) (a), (1) (b), (1) (b.1), (3) (c) or (3) (d) of this Act or section 99 of the Residential Rent Regulation Act. 1992, c. 11, s. 32 (1); 1994, c. 2, s. 17. Findings and order (2) On an application under subsection (1), a rent officer shall, (a) make findings on the issue in dispute; and (b) by order declare the amount, if any, of money that the person owes to the tenant, if that amount is equal to or less than the monetary jurisdiction of the Small Claims Court. Application of s. 30 (3) Subsections 30 (4) to (12) apply to this section with necessary modifications as if the amount owed were the excess rent and the person ordered to pay were the landlord. 1992, c. 11, s. 32 (2, 3). Determination of Issues
Application to determine issues
33. (1) A landlord, a tenant or the Director may apply to a Chief Rent Officer for an order determining, (a) whether this Act applies to a particular rental unit or residential complex; (b) what rental units, common areas, services and facilities are included in a particular residential complex; (c) what the maximum rent is for a rental unit and the date on which it takes effect; (d) whether an agreement referred to in subsection 46 (1) has been entered into as a result of coercion or because of a false, incomplete or misleading representation by the landlord or an agent of the landlord; and (e) any other prescribed matter. 1992, c. 11, s. 33 (1). Idem (2) A landlord, a tenant or the Registrar may apply to a Chief Rent Officer for an order determining, (a) whether any change of information that is necessary to determine the accuracy and currency of the rent registry has not been filed with the Registrar under section 107; (b) whether any information filed by a landlord under Part III is correct and complete; (c) whether the maximum rent recorded in the rent registry is correct; (d) whether any information or determination in a notice of rent information of the Registrar is correct and complete; (e) whether a decrease in maximum rent calculated under section 113 is accurate; (f) whether the amount of the decrease of the maximum rent calculated under section 113 should be changed as a result of an appeal of the change in assessment on which it is based; (f.1) whether the residential complex is a care home; (f.2) the number of persons that the rental unit is intended to accommodate on the initial rent date or such other date as is prescribed; and (g) any other prescribed matter. 1992, c. 11, s. 33 (2); 1994, c. 2, s. 18. Order (3) On the application, the rent officer shall make findings on the issue put before him or her in accordance with the prescribed rules and shall make the appropriate order. 1992, c. 11, s. 33 (3). Compliance with Standards
Director to receive files and orders
34. Upon the coming into force of this section, the Director shall receive from the Residential Rental Standards Board, (a) all outstanding orders that it has received under clause 15 (1) (e) of the Residential Rent Regulation Act; (b) all outstanding reports and orders issued under sections 15 and 16 of that Act; and (c) all of its files containing information about complaints or investigations relating to possible violations of minimum maintenance standards adopted by the Standards Board under that Act. 1992, c. 11, s. 34.
Director to receive work orders
35. (1) Subject to subsection (2), the Director shall receive a copy of any order relating to a residential complex or a rental unit in it or any notice of appeal or decision on an appeal from such an order if the order is, (a) issued by a property standards officer under a by-law passed under section 31 of the Planning Act or passed under any special Act respecting standards for maintenance and occupancy that is in force in a municipality; or (b) made under any general or special Act, or any by-law passed under such an Act, respecting standards relating to the health or safety of occupants of buildings or structures. Idem (2) The Director shall receive an order under subsection (1) only if, (a) the period for compliance with the order has expired or, if the order has been stayed, the period for compliance with it would have expired had the order not been stayed; (b) the order has not been complied with; and (c) the time for appealing the order has expired. Municipality to forward work orders (3) The Council of a municipality shall forward to the Director any order of the municipality or notice of appeal referred to in subsections (1) and (2) as soon as practicable and no later than the last day of the calendar month following the month in which the period for compliance with the order has expired. Idem (4) The Council of a municipality shall forward to the Director any decision on appeal of an order referred to in subsection (3) as soon as practicable and no later than the last day of the calendar month following the month in which the decision was issued. 1992, c. 11, s. 35.
Application of prescribed standards
36. (1) The prescribed maintenance standards apply to residential complexes and the rental units located in them if the residential complexes are located in the prescribed areas. Director to receive complaints (2) The Director shall receive any written complaint from a current tenant of a rental unit respecting the standard of maintenance that prevails in respect of the rental unit or the residential complex in which it is located, if the prescribed maintenance standards are in force in the area in which the residential complex is located. Director to investigate complaints (3) Upon receiving a complaint respecting a residential complex or a rental unit in it, the Director shall cause an inspector to make whatever inspection the Director considers necessary to determine whether the landlord has complied with the prescribed maintenance standards. 1992, c. 11, s. 36.
Inspector’s work order
37. (1) If an inspector is satisfied that the landlord of a residential complex has not complied with a prescribed maintenance standard that applies to the residential complex, the inspector may make and give to the landlord a work order requiring the landlord to comply with the prescribed maintenance standard. Idem (2) The inspector shall set out in the order, (a) the municipal address or legal description of the residential complex; (b) reasonable particulars of the work to be performed; (c) the period within which there must be compliance with the terms of the work order; and (d) the time limited for applying under subsection (3) to a Chief Rent Officer for a review of the work order. Application for review (3) If a landlord who has received an inspector’s work order is not satisfied with its terms, the landlord may, within fifteen days of the giving of the order, apply to a Chief Rent Officer for a review of the work order. Stay of order (4) An application under subsection (3) operates as a stay of the inspector’s work order unless a rent officer orders otherwise. Order (5) On an application under subsection (3), a rent officer shall, by order, (a) confirm or vary the inspector’s work order; (b) rescind the work order, if he or she finds that the landlord has complied with it; (c) quash the work order; or (d) dismiss the landlord’s application. 1992, c. 11, s. 37.
Order prohibiting rent increase
38. (1) The Director shall issue an order prohibiting a rent increase respecting a residential complex or a rental unit in it if, (a) the Director has received a work order under section 34, the period for compliance with it has expired and the Minister has not commenced a motion under the Residential Rent Regulation Act in respect of that work order; (b) the Director has received a work order under section 35; or (c) a work order under section 37 is in effect and the period for compliance with it has expired. Idem (2) The order shall provide that while it is in effect, (a) the rent charged for the residential complex or the rental unit, as the case may be, shall not be increased; (b) if a notice of rent increase respecting a rental unit affected by the non-compliance with the work order was given before the order prohibiting a rent increase takes effect and no increase has been taken under that notice, the notice is void; and (c) no notice of rent increase shall be given respecting the residential complex or the rental unit, as the case may be. Effective date (3) Subject to section 39, the order is effective thirty days after it is issued. Contents of order (4) The order shall contain, (a) the municipal address or legal description of the rental unit or residential complex affected; (b) reasonable particulars of the work order that is the subject of the order prohibiting the rent increase; and (c) the fact that the order prohibiting the rent increase is effective thirty days after it is issued unless it is stayed or rescinded before that time. 1992, c. 11, s. 38.
Order stayed
39. (1) The Director shall stay an order prohibiting a rent increase if he or she is advised before the order is issued that an appeal of the work order that is the subject of the order prohibiting a rent increase has been filed. Effect of staying (2) If an order prohibiting a rent increase respecting a residential complex or a rental unit in it has been stayed, the landlord may increase the rent charged for any affected rental unit or give a notice of rent increase respecting any affected rental unit in accordance with this Act. Stay lifted (3) The Director shall lift a stay of an order prohibiting a rent increase if the appeal of the work order is withdrawn or discontinued or if, (a) the Director receives the decision of the appeal of the work order that is the subject of the order prohibiting the rent increase; (b) the appeal decision confirms the work order, changes its terms or changes the time for complying with it; (c) all avenues of further appeal are exhausted or the Director does not receive a notice of appeal within fifteen days after the date the appeal decision is issued; and (d) if the appeal decision changes the time for complying with the work order, the new time period has expired. Amendment (4) If the appeal decision changes the terms of the work order, the Director may amend the order prohibiting the rent increase to reflect that change. Effective date (5) If the appeal decision changes the time for complying with the work order to a period that expires more than thirty days after the order prohibiting a rent increase was issued and the Director lifts the stay of the order prohibiting a rent increase, for the purposes of subsection (6), the order prohibiting a rent increase shall be deemed to be effective on the day the Director lifts the stay and not as provided in clause (6) (a). When stay lifted (6) If the Director lifts the stay of an order prohibiting a rent increase, (a) the order shall be deemed to have been effective as of the day that is thirty days after it was issued; (b) any notice of rent increase respecting an affected rental unit issued during the period that the order would have been effective but for the stay shall be deemed to be void; and (c) any increase in the rent charged for an affected rental unit that took effect during the period that the order would have been effective but for the stay shall be deemed to be rent charged in excess of that permitted to be charged. No offence (7) Subsection (6) does not operate to make a landlord who increased the rent charged for a rental unit in accordance with subsection (2) guilty of an offence. 1992, c. 11, s. 39.
Rescission of order
40. (1) The Director shall issue a notice rescinding an order prohibiting a rent increase if, (a) he or she receives notice from the issuer within thirty days after the day the order prohibiting the rent increase is issued and that notice states that the work order was lifted before the day the order prohibiting the rent increase came into effect; (b) he or she receives a decision on an appeal of a work order that is the subject of the order prohibiting a rent increase and the decision quashes or rescinds the work order; or (c) he or she is satisfied within thirty days after the day the order prohibiting the rent increase is issued that there is a clerical error in it and that if the order is not rescinded a person will be unfairly prejudiced because of the clerical error. Idem (2) The Director may issue a new order prohibiting a rent increase if he or she rescinds an order because of a clerical error and the period for compliance with the work order has expired. 1992, c. 11, s. 40.
Withdrawal of order
41. (1) The Director shall issue a notice withdrawing an order prohibiting a rent increase if he or she receives notice from the issuer after it comes into effect and that notice states that the work order was lifted. Idem (2) A notice under this section shall provide that the order is of no further effect as of the date the notice is issued. Effect of notice (3) A landlord who receives a notice withdrawing an order under this section may issue a notice of rent increase and increase rent in accordance with this Act any time after the notice is issued. 1992, c. 11, s. 41.
Inspection required
42. (1) On the written request of a landlord, the Director shall cause an inspector to make whatever inspection the Director considers necessary to determine whether a work order that was issued under section 37 of this Act or under the Residential Rent Regulation Act has been complied with. Notice to Director (2) If the inspector determines that the work order has been complied with, the inspector shall lift the work order and, if the Director has issued an order prohibiting a rent increase because of it, shall notify the Director in writing that the work order has been lifted. 1992, c. 11, s. 42. Failure to File Information
Registrar’s application
43. (1) The Registrar may apply to a Chief Rent Officer for an order described in subsection (2) or (2.1) for failure to file information under section 104, 104.1, 107 or 108. 1994, c. 2, s. 19 (1). Order (2) If a rent officer finds that information required to be filed under section 104, 107 or 108 has not been filed, the rent officer may by order provide that, (a) if any notice of rent increase respecting a rental unit in the residential complex was given before the order is issued and no increase has been taken under that notice, the notice is void; (b) no notice of rent increase shall be given respecting a rental unit in the residential complex; and (c) the rent charged for a rental unit in the residential complex shall not be increased. 1992, c. 11, s. 43 (2). Same, care home (2.1) If a rent officer finds that information required to be filed under section 104.1, 107 or 108 has not been filed, the rent officer may by order provide that, (a) if any notice of rent increase respecting a rental unit in the care home or any notice of increase in a charge for providing a care service or meals to a tenant of a rental unit in the care home was given before the order is issued and no increase has been taken under that notice, the notice is void; (b) no notice of rent increase shall be given respecting a rental unit in the care home; (c) no notice of increase in a charge for providing a care service or meals to a tenant of a rental unit in the care home shall be given; (d) the rent charged for a rental unit in the care home shall not be increased; and (e) no charge for providing a care service or meals to a tenant of a rental unit in the care home shall be increased. 1994, c. 2, s. 19 (2). Expiry date (3) The rent officer may provide a date in the order on which it is to expire. Contents of order (4) The order shall contain the municipal address or legal description of the rental unit or residential complex affected and reasonable particulars of the information to be filed. 1992, c. 11, s. 43 (3, 4). Notice of withdrawal (5) If the landlord files the information that is required, the Registrar shall notify the landlord and the tenants that the order is withdrawn and of no further effect. Effect of notice (6) A landlord who receives a notice withdrawing an order may, at any time after the notice is issued, do one or both of the following: 1. Issue a notice of rent increase and increase the rent in accordance with this Act. 2. Issue a notice to increase charges for providing a care service or meals to a tenant of a rental unit in a care home and increase those charges in accordance with this Act. 1994, c. 2, s. 19 (3).
Application for withdrawal
44. (1) A landlord may at any time apply to a Chief Rent Officer for an order withdrawing an order made under subsection 43 (2). 1994, c. 2, s. 20. Order (2) On an application under this section, the rent officer may order that the order be withdrawn if he or she is satisfied that the landlord has filed the information required. 1992, c. 11, s. 44 (2). Separate Charges
Definitions
45. (1) In this section, “basic unit rent” means the amount obtained when all separate charges are subtracted from the rent; (“loyer de base du logement”) “separate charges” means that part of the rent that a landlord charges separately for any service, facility, privilege, accommodation or thing that the landlord provides for the tenant in respect of the tenant’s occupancy of the rental unit. (“charges distinctes”) Elements of maximum rent set out separately (2) In an order in which a rent officer sets out or declares the maximum rent for a rental unit, he or she may separately set out or declare the maximum basic unit rent and the maximum separate charges. Exception (3) Despite subsection (2), the rent officer shall not set out capital components as separate charges. Equalization of separate charges (4) In an order in which a rent officer sets out or declares the maximum rent for a rental unit, he or she may provide for the immediate equalization of separate charges for parking spaces or other prescribed separate charges. 1992, c. 11, s. 45.
Adding or discontinuing services, etc.
46. (1) The maximum rent which may be charged for a rental unit shall be increased or decreased in the prescribed manner if the landlord and tenant agree that the landlord will provide or discontinue the provision of any of the following in respect of the tenant’s occupancy of the rental unit: 1. A parking space. 2. A service, facility, privilege, accommodation or thing as may be prescribed. 3. A service, facility, privilege, accommodation or thing for which a separate charge is set out in respect of the residential complex or a rental unit in it in an order under this Act, the Residential Rent Regulation Act, The Residential Premises Rent Review Act, 1975 (2nd Session) or Part XI of the Residential Tenancies Act, being chapter 452 of the Revised Statutes of Ontario, 1980. Coerced agreement not enforceable (2) If an order under section 33 determines that an agreement under subsection (1) has been entered into as a result of coercion or as a result of a false, incomplete or misleading representation by the landlord or an agent of the landlord, the agreement is not enforceable. Twelve-month rule (3) Section 6 does not apply to an increase in maximum rent under this section. 1992, c. 11, s. 46. PART II   PROCEDURE
Part I applications
47. All applications under Part I are subject to the procedural rules set out in this Part. 1992, c. 11, s. 47.
Application to region
48. (1) Where Part I provides that an application is to be made to a Chief Rent Officer, it shall be made to the Chief Rent Officer for the region in which the residential complex to which it relates is located. Where proceedings held (2) The Chief Rent Officer who receives an application shall assign the application to the region in which it is to be determined. 1992, c. 11, s. 48.
Method of giving notice, etc.
49. (1) When this Act permits or requires a notice or document to be given to a person other than an employee or agent of the Ministry exercising a power or duty under this Act, the notice or document is sufficiently given, (a) by handing it to the person; (b) if the person is a landlord, by handing it to any employee of the landlord exercising authority in respect of the residential complex; (c) if the person is a tenant, subtenant or occupant, by handing it to an apparently adult person in the rental unit; (d) by leaving it in the mail box where mail is ordinarily delivered to the person; (e) where there is no mail box, by leaving it at the place where mail is ordinarily delivered to the person; or (f) by sending it by mail to the last known address where the person resides or carries on business. Idem (2) When this Act permits or requires a notice or document to be given to an employee or agent of the Ministry exercising a power or duty under this Act, the notice or document is sufficiently given, (a) by handing it to an employee or agent of the Ministry at the office for the region in which the residential complex to which it relates is located; or (b) by sending it by mail to the office for the region in which the residential complex is located. Notice given by mail (3) A notice or document given by mail shall be deemed to have been given on the fifth day after mailing. Written directions (4) A rent officer may in writing direct that a notice or document be given in a manner other than as provided in this section. Actual notice is sufficient (5) Even if a notice or document is not given in accordance with this section, it shall be deemed to have been validly given if it is proven that its contents actually came to the attention of the person for whom it was intended within the time required by this Act. Computation of time (6) Time shall be computed in accordance with the prescribed rules. 1992, c. 11, s. 49.
Ministry notice to tenant
50. (1) Subject to subsection (2), when this Act permits or requires an employee or agent of the Ministry exercising a power or duty under this Act to give a notice or document to the tenant of a rental unit, the notice or document may be given to the occupant of the rental unit. Idem (2) If the tenant has notified the Ministry in writing of an address other than that of the rental unit where notices or documents are to be given, an employee or agent of the Ministry exercising a power or duty under this Act shall give the notice or document to the tenant at the address given in the notice. 1992, c. 11, s. 50. Parties
Parties
51. (1) The parties to an application are the applicant, other than the Registrar or Director, any person entitled, other than under subsection 55 (4), to receive a copy of the application and any person added as a party by a rent officer. Including a party (2) If a rent officer believes that a person who should be included as a party has not been so included, the rent officer shall require that the person be substituted or added as a party to the proceeding. Correctly naming a party (3) If a rent officer believes that a party has been incorrectly named, the rent officer shall require that the person be correctly named. Removing a party (4) If a rent officer believes that a person who has been included as a party should not be included as a party, the rent officer shall require that the person be removed as a party to the proceeding. 1992, c. 11, s. 51. Application and Response
Form of application
52. (1) An application made by a person other than the Registrar or the Director shall be made in the prescribed form and shall be signed by the applicant. Agent (2) An applicant may give an agent written authorization to sign the application and, if the applicant does so, a rent officer may require a copy of the authorization to be filed. If name of tenant not known (3) If a landlord who makes an application does not know the name of a tenant directly affected by the application, the name of the tenant may be shown in the application as “tenant” or “locataire” and all orders shall be binding on the tenant occupying the rental unit as if the tenant had been correctly named. If name of landlord not known (4) If a tenant who makes an application does not know the name of the landlord, the name of the landlord may be shown in the application as “landlord” or “locateur” and all orders shall be binding on the landlord as if the landlord had been correctly named. 1992, c. 11, s. 52.
Supporting material
53. The applicant shall file with the application, (a) in the case of an application under section 13 (application for increase above guideline), a cost statement in the prescribed form and information for the prescribed periods concerning the operating costs for municipal taxes, hydro, water and heating; (b) the prescribed material; and (c) all other written evidence that the applicant relies upon in support of the application. 1992, c. 11, s. 53.
When application complete
54. (1) An application is not complete unless all of the material referred to in clauses 53 (a) and (b) has been filed. Notice if incomplete (2) If the applicant files an application that is not complete, a rent officer shall notify the applicant in writing of that fact. Idem (3) The notice shall inform the applicant that, (a) the applicant may file further material to complete the application within the period set out in the notice; and (b) if the applicant does not do so within that period, the proceeding will be discontinued. Idem (4) The period set out in clause (3) (a) shall not exceed thirty days and despite section 60, shall not be extended by a rent officer. Proceeding discontinued (5) A rent officer shall discontinue a proceeding if a notice has been issued under subsection (2) and the applicant has not filed the required material within the period set out in the notice. 1992, c. 11, s. 54.
Copy of application to parties
55. (1) A landlord who makes an application shall, within ten days of filing it, give a copy of it to any tenant, subtenant or occupant who, at the time the application is made, is directly affected by the issues raised in it. Idem (2) A tenant or other person who makes an application shall, within ten days of filing it, give a copy of the application to any person who is directly affected by the issues raised in it. Idem (3) If a rent officer adds other parties to a tenant’s application under subsection 23 (3), the rent officer, rather than the tenant, shall give a copy of the application to those parties. If new landlord or new tenant (4) If a landlord or tenant is succeeded by a new landlord or tenant after an application is made and before an order is made respecting it, the applicant shall within ten days of becoming aware of the change give the new landlord or tenant a copy of the application. Written directions (5) A rent officer may give written directions concerning the giving of copies of an application and a person who complies with those directions shall be deemed to comply with this section. 1992, c. 11, s. 55.
Amending applications
56. If a rent officer believes that an amendment to an application is justified and fair, the rent officer may direct the application be amended accordingly. 1992, c. 11, s. 56.
Withdrawing applications
57. (1) An applicant may withdraw an application within thirty days after the acknowledgment notice is issued in respect of it. Idem (2) An application or consent may be withdrawn after the time referred to in subsection (1) only with the consent of a rent officer and he or she may impose conditions on which the consent is given. 1992, c. 11, s. 57. Procedure before Hearing or Review
Acknowledgment notice
58. Upon receiving a complete application, the Chief Rent Officer shall give the parties an acknowledgment notice advising them, (a) that the application has been filed; (b) that the materials filed with it are available for inspection; (c) of the right of parties to file submissions; (d) of the right of the parties to request a hearing, a pre-hearing conference or administrative review, as the case may be, as set out in sections 61 to 64; (e) that there will be no right of appeal to the order made respecting the application, except on a matter of law; and (f) of any other matter the Chief Rent Officer considers appropriate. 1992, c. 11, s. 58.
Parties may examine material
59. (1) All parties to a proceeding may examine all material filed with the Chief Rent Officer or a rent officer respecting an application and the Chief Rent Officer or rent officer shall make that material available for examination. Written submissions (2) Any person affected by an application, other than the applicant, may make written submissions in respect of the application and the material filed in support of it and shall be given at least fifty-five days from the date the acknowledgment notice is issued to do so. 1992, c. 11, s. 59.
Extension, etc., of time
60. (1) A rent officer may extend or abridge the time for making an application, for giving a copy of an application to a party, for making submissions or for filing a document. Idem (2) The rent officer may attach whatever conditions to the extension or abridgement that he or she considers fair. Idem (3) A rent officer may extend the time for doing something even if the time for doing it has expired and may abridge time for doing something even if the time for commencing it has passed. Notice (4) A rent officer shall give all affected parties written notice of an extension or abridgement of time. Effect of extension of time (5) If a rent officer extends or abridges time, he or she shall notify the parties affected by the application of the new filing date and of any resulting new times for making submissions. 1992, c. 11, s. 60. Right to a Hearing