Order
28. (1) On an application under section 23, a rent officer may do any or all of the following, according to the prescribed rules: 1. Order that the maximum rent for the rental unit be reduced by a specified amount. 2. Order that the amount of rent charged for the rental unit be reduced by a specified amount for a specified period of time. 3. Order that the amount of rent charged for the rental unit shall not be increased for a specified period of time. When effective (2) An order under this section is effective, (a) in respect of a discontinuance or reduction in services and facilities, as of the day that discontinuance or reduction first occurs; and (b) otherwise, as of the day named in the order, which day shall not be before the date the application was filed or after the date of the order. Idem (3) Subsection (2) applies even if the effective date of the first rent increase set out in a previous notice of carry forward under this Act or notice of phase in under the Residential Rent Regulation Act that determined the maximum rent for a rental unit was after the day on which an order under this section is effective for that rental unit under subsection (2). No order (4) If the effective date of the first rent increase set out in a previous order under this Act or the Residential Rent Regulation Act that determined the maximum rent for a rental unit was after the day on which an order under this section would be effective for that rental unit under subsection (2), no order granting relief shall be made under this section. Adjust previous order (5) When making an order under this section, the rent officer shall, in the prescribed manner, adjust the maximum rent for a rental unit set out in a previous order if the maximum rent for the rental unit was determined in the previous order to come into effect after the day the order under this section is to be effective for that rental unit. Adjust previous notice (6) When making an order under this section, the rent officer shall, in the prescribed manner, adjust the maximum rent for a rental unit as determined in a previous notice of carry forward under this Act or notice of phase in under the Residential Rent Regulation Act if the maximum rent for the rental unit was determined in the notice to come into effect after the day the order under this section is to be effective for that rental unit. Idem (7) Despite subsections (5) and (6), a landlord is not guilty of an offence under this Act if, before the maximum rent is adjusted, the landlord has charged rent in an amount that is greater than that permitted under this Act as a result of the adjustment. Order for payment of money (8) The rent officer may order the landlord to pay to the tenant any sum of money that is owed to the tenant as a result of the rent officer’s order. Order under s. 30 (9) If an order under this section is effective as of a date before the date it is made and if, as a result, a tenant has paid rent in excess of that permitted by the order, section 30 applies to that excess rent and the rent officer’s order under this section may contain any terms that could be made in an order under that section as if an application under that section had been made and joined with the application under section 23. No order to be made (10) A rent officer shall not make an order under this section respecting a rental unit if an order has been made under section 94 of the Landlord and Tenant Act and compliance with that order would afford an adequate remedy to the tenant of the rental unit. 1992, c. 11, s. 28. Advance Determination