jswizzle3737/ontario_laws_and_regs huggingface dataset:
Municipal taxes reduced
136. (1) If the municipal property tax for a residential complex is reduced by more than the prescribed percentage, the lawful rent for each of the rental units in the complex is reduced in accordance with the prescribed rules. Effective date (2) The rent reduction shall take effect on the prescribed date, whether or not notice has been given under subsection (3). Notice (3) If, for a residential complex with at least the prescribed number of rental units, the rents that the tenants are required to pay are reduced under subsection (1), the local municipality shall, within the prescribed period and by the prescribed method of service, notify the landlord and all of the tenants of the residential complex of that fact. Same (4) The notice shall be in writing in a form approved by the Tribunal and shall, (a) inform the tenants that their rent is reduced; (b) set out the percentage by which their rent is reduced and the date the reduction takes effect; (c) inform the tenants that if the rent is not reduced in accordance with the notice they may apply to the Tribunal under section 144 for the return of money illegally collected; and (d) advise the landlord and the tenants of their right to apply for an order under section 137. Same (5) The local municipality shall give a copy of a notice under this section to the Tribunal or to the Ministry, on request. 1997, c. 24, s. 136.
Application for variation
137. (1) A landlord or a tenant may apply to the Tribunal under the prescribed circumstances for an order varying the amount by which the rent charged is to be reduced under section 136. Same (2) An application under subsection (1) must be made within the prescribed time. Determination and order (3) The Tribunal shall determine an application under this section in accordance with the prescribed rules and shall issue an order setting out the percentage of the rent reduction. Same (4) An order under this section shall take effect on the effective date determined under subsection 136 (2). 1997, c. 24, s. 137. Landlord Application for Rent Increase
Two ordered increases
139. If an order is made under subsection 138 (6) with respect to a rental unit and a landlord has not yet taken all the increases in rent for the rental unit permissible under a previous order under subsection 138 (10), the landlord may increase the rent for the rental unit in accordance with the prescribed rules. 1997, c. 24, s. 139.
Reduction: capital expenditures
139.1 If an application is made under section 138 on or after May 3, 2006, an order is issued under subsection 138 (6) or (10), and the order permits an increase in rent that is due in whole or in part to capital expenditures, (a) the Tribunal shall specify in the order the percentage increase that is attributable to the capital expenditures; and (b) the order shall require that, (i) if the rent charged to a tenant for a rental unit is increased pursuant to the order by the maximum percentage permitted by the order, and the tenant continues to occupy the rental unit on the 15th anniversary of the first day of the time period ordered under subsection 138 (6), the landlord shall, on that anniversary, reduce the rent charged to that tenant by the percentage specified under clause (a), and (ii) if the rent charged to a tenant for a rental unit is increased pursuant to the order by less than the maximum percentage permitted by the order, and the tenant continues to occupy the rental unit on the 15th anniversary of the first day of the time period ordered under subsection 138 (6), the landlord shall, on that anniversary, reduce the rent charged to that tenant by the lesser of, (A) the percentage increase that was charged to the tenant pursuant to the order, and (B) the percentage specified under clause (a). 2006, c. 17, s. 258 (2). Illegal Additional Charges
Additional charges prohibited
140. (1) Unless otherwise prescribed, no landlord shall, directly or indirectly, with respect to any rental unit, (a) collect or require or attempt to collect or require from a tenant or prospective tenant of the rental unit a fee, premium, commission, bonus, penalty, key deposit or other like amount of money whether or not the money is refundable; (b) require or attempt to require a tenant or prospective tenant to pay any consideration for goods or services as a condition for granting the tenancy or continuing to permit occupancy of a rental unit if that consideration is in addition to the rent the tenant is lawfully required to pay to the landlord; or (c) rent any portion of the rental unit for a rent which, together with all other rents payable for all other portions of the rental unit, is a sum that is greater than the rent the landlord lawfully may charge for the rental unit. 1997, c. 24, s. 140 (1). Same (2) No superintendent, property manager or other person who acts on behalf of a landlord with respect to a rental unit shall, directly or indirectly, with or without the authority of the landlord, do any of the things mentioned in clause (1) (a), (b) or (c) with respect to that rental unit. 1997, c. 24, s. 140 (2). Same (3) Unless otherwise prescribed, no tenant and no person acting on behalf of the tenant shall, directly or indirectly, (a) sublet a rental unit for a rent that is payable by one or more subtenants and that is greater than the rent that is lawfully charged by the landlord for the rental unit; (b) Repealed: 2000, c. 26, Sched. K, s. 6 (22). (c) collect or require or attempt to collect or require from any person any fee, premium, commission, bonus, penalty, key deposit or other like amount of money, for subletting a rental unit, for surrendering occupancy of a rental unit or for otherwise parting with possession of a rental unit; or (d) require or attempt to require a person to pay any consideration for goods or services as a condition for the subletting, assignment or surrender of occupancy or possession in addition to the rent the person is lawfully required to pay to the tenant or landlord. 1997, c. 24, s. 140 (3); 2000, c. 26, Sched. K, s. 6 (21-23).
Rent deemed lawful
141. (1) Rent charged one or more years earlier shall be deemed to be lawful rent unless an application has been made within one year after the date that amount was first charged and the lawfulness of the rent charged is in issue in the application. Increase deemed lawful (2) An increase in rent shall be deemed to be lawful unless an application has been made within one year after the date the increase was first charged and the lawfulness of the rent increase is in issue in the application. Delayed effect (3) Subsections (1) and (2) shall not take effect until the day that is six months after this section is proclaimed in force. s. 131 prevails (4) Nothing in this section shall be interpreted to deprive a tenant of the right to apply for and get relief in an application under section 131 within the time period set out in that section. 1997, c. 24, s. 141. Applications to Tribunal by Tenant
Reduction in rent, reduction in services
142. (1) A tenant of a rental unit may apply to the Tribunal for an order for a reduction of the rent charged for the rental unit due to a reduction or discontinuance in services or facilities provided in respect of the rental unit or the residential complex. Same, former tenant (2) A former tenant of a rental unit may apply under this section as a tenant of the rental unit if the person was affected by the discontinuance or reduction of the services or facilities while the person was a tenant of the rental unit. Order re lawful rent (3) The Tribunal shall make findings in accordance with the prescribed rules and may order, (a) that the rent charged be reduced by a specified amount; (b) that there be a rebate to the tenant of any rent found to have been unlawfully collected by the landlord; (c) that the rent charged be reduced by a specified amount for a specified period if there has been a temporary reduction in a service. Same (4) An order under this section reducing rent takes effect on the day that the discontinuance or reduction first occurred. Same, time limitation (5) No application may be made under this section more than one year after a reduction or discontinuance in a service or facility. 1997, c. 24, s. 142.
Reduction in rent, reduction in taxes
143. (1) A tenant of a rental unit may apply to the Tribunal for an order for a reduction of the rent charged for the rental unit due to a reduction in the municipal taxes and charges for the residential complex. Order (2) The Tribunal shall make findings in accordance with the prescribed rules and may order that the rent charged for the rental unit be reduced. 1997, c. 24, s. 143.
Money collected illegally
144. (1) A tenant or former tenant of a rental unit may apply to the Tribunal for an order that the landlord, superintendent or agent of the landlord pay to the tenant any money the person collected or retained in contravention of this Act, the Rent Control Act, 1992 or Part IV of the Landlord and Tenant Act. Prospective tenants (2) A prospective tenant may apply to the Tribunal for an order under subsection (1). Subtenants (3) A subtenant may apply to the Tribunal for an order under subsection (1) as if the subtenant were the tenant and the tenant were the landlord. Time limitation (4) No order shall be made under this section with respect to an application filed more than one year after the person collected or retained money in contravention of this Act, the Rent Control Act, 1992 or Part IV of the Landlord and Tenant Act. 1997, c. 24, s. 144. PART VII   VITAL SERVICES AND MAINTENANCE STANDARDS Vital Services
Definition
145. In this section and sections 146 to 153, “vital services by-law” means a by-law passed under section 146. 1997, c. 24, s. 145; 2002, c. 17, Sched. F, Table.
By-laws respecting vital services
146. (1) The council of a local municipality may pass by-laws, (a) requiring every landlord to provide adequate and suitable vital services to each of the landlord’s rental units; (b) prohibiting a supplier from ceasing to provide the vital service until a notice has been given under subsection 147 (1); (c) requiring a supplier to promptly restore the vital service when directed to do so by an official named in the by-law; (d) prohibiting a person from hindering, obstructing or interfering with or attempting to hinder, obstruct or interfere with the official or person referred to in subsection 148 (1) in the exercise of a power or performance of a duty under this section or sections 147 to 153; (e) providing that a person who contravenes or fails to comply with a by-law is guilty of an offence for each day or part of a day on which the offence occurs or continues; (f) providing that every director or officer of a corporation that is convicted of an offence who knowingly concurs in the commission of the offence is guilty of an offence; (g) authorizing an official named in the by-law to enter into agreements on behalf of a local municipality with suppliers of vital services to ensure that adequate and suitable vital services are provided for rental units. Exception (2) A vital services by-law does not apply to a landlord with respect to a rental unit to the extent that the tenant has expressly agreed to obtain and maintain the vital services. Contents of vital services by-law (3) A vital services by-law may, (a) classify buildings or parts of buildings for the purposes of the by-law and designate the classes to which it applies; (b) designate areas of the local municipality in which the by-law applies; (c) establish standards for the provision of adequate and suitable vital services; (d) prohibit a landlord from ceasing to provide a vital service for a rental unit except when necessary to alter or repair the rental unit and only for the minimum period necessary to effect the alteration or repair; (e) provide that a landlord shall be deemed to have caused the cessation of a vital service for a rental unit if the landlord is obligated to pay the supplier for the vital service and fails to do so and, as a result of the non-payment, the vital service is no longer provided for the rental unit. 1997, c. 24, s. 146.
Notice by supplier
147. (1) A supplier shall give notice of an intended discontinuance of a vital service only if the vital service is to be discontinued for the rental unit because the landlord has breached a contract with the supplier for the supply of the vital service. Same (2) The notice shall be given in writing to the clerk of the local municipality at least 30 days before the supplier ceases to provide the vital service. 1997, c. 24, s. 147.
Inspection
148. (1) An official named in the by-law or a person acting under his or her instructions may, at all reasonable times, enter and inspect a building or part of a building with respect to which the by-law applies for the purpose of determining compliance with the by-law or a direction given under subsection 151 (1). Same (2) Despite subsection (1), the official or person shall not enter a rental unit, (a) unless he or she has obtained the consent of the occupier of the rental unit after informing him or her that he or she may refuse permission to enter the unit; or (b) unless he or she is authorized to do so by a warrant issued under section 204. 1997, c. 24, s. 148.
Services by municipality
149. (1) If a landlord does not provide a vital service for a rental unit in accordance with a vital services by-law, the local municipality may arrange for the service to be provided. 1997, c. 24, s. 149 (1). Lien (2) The amount spent by the local municipality under subsection (1) plus an administrative fee of 10 per cent of that amount shall, on registration of a notice of lien in the appropriate land registry office, be a lien in favour of the local municipality against the property at which the vital service is provided. 1997, c. 24, s. 149 (2). Not special lien (3) Subsection 349 (3) of the Municipal Act, 2001 and subsection 314 (3) of the City of Toronto Act, 2006 do not apply with respect to the amount spent and the fee, and no special lien is created under either subsection. 2006, c. 32, Sched. C, s. 64. Certificate (4) The certificate of the clerk of the local municipality as to the amount spent is proof, in the absence of evidence to the contrary, of the amount. 1997, c. 24, s. 149 (4). Interim certificate (5) Before issuing a certificate referred to in subsection (4), the clerk shall send an interim certificate by registered mail to the registered owner of the property that is subject to the lien and to all mortgagees or other encumbrancers registered on title. 1997, c. 24, s. 149 (5).
Appeal
150. An affected owner, mortgagee or other encumbrancer may, within 15 days after the interim certificate is mailed, appeal the amount shown on it to the council of the local municipality. 1997, c. 24, s. 150.
Payments transferred
151. (1) If the local municipality has arranged for a vital service to be provided to a rental unit, an official named in the vital services by-law may direct a tenant to pay any or all of the rent for the rental unit to the local municipality. Effect of payment (2) Payment by a tenant under subsection (1) shall be deemed not to constitute a default in the payment of rent due under a tenancy agreement or a default in the tenant’s obligations for the purposes of this Act. 1997, c. 24, s. 151.
Use of money
152. (1) The local municipality shall apply the rent received from a tenant to reduce the amount that it spent to provide the vital service and the related administrative fee. Accounting and payment of balance (2) The local municipality shall provide the person otherwise entitled to receive the rent with an accounting of the rents received for each individual rental unit and shall pay to that person any amount remaining after the rent is applied in accordance with subsection (1). 1997, c. 24, s. 152.
Immunity
153. (1) No proceeding for damages or otherwise shall be commenced against an official or a person acting under his or her instructions or against an employee or agent of a local municipality for any act done in good faith in the performance or intended performance of a duty or authority under any of sections 145 to 152 or under a by-law passed under section 146 or for any alleged neglect or default in the performance in good faith of the duty or authority. Same (2) Subsection (1) does not relieve a local municipality of liability to which it would otherwise be subject with respect to a tort committed by an official or a person acting under his or her instructions or by an employee or agent of the local municipality. 1997, c. 24, s. 153. Maintenance Standards Prescribed standards and complaints
Application of prescribed standards
154. (1) The prescribed maintenance standards apply to a residential complex and the rental units located in it if, (a) the residential complex is located in unorganized territory; (b) there is no municipal property standards by-law that applies to the residential complex; or (c) the prescribed circumstances apply. 1997, c. 24, s. 154 (1). Minister to receive complaints (2) The Minister shall receive any written complaint from a current tenant of a rental unit respecting the standard of maintenance that prevails with respect to the rental unit or the residential complex in which it is located if the prescribed maintenance standards apply to the residential complex. 1997, c. 24, s. 154 (2). Complaints to be investigated (3) Upon receiving a complaint respecting a residential complex or a rental unit in it, the Minister shall cause an inspector to make whatever inspection the Minister considers necessary to determine whether the landlord has complied with the prescribed maintenance standards. 1997, c. 24, s. 154 (3). Cost of inspection (4) The Minister may charge a municipality and the municipality shall pay the Minister for the cost, as prescribed, associated with inspecting a residential complex in the municipality, for the purposes of investigating a complaint under this section and ensuring compliance with a work order under section 155. 1997, c. 24, s. 154 (4). Same (5) If a municipality fails to make payment in full within 60 days after the Minister issues a notice of payment due under subsection (4), the notice of payment may be filed in the Superior Court of Justice and enforced as if it were a court order. 1997, c. 24, s. 154 (5); 2000, c. 26, Sched. K, s. 6 (24).
Inspector’s work order
155. (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. Same (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 limit for applying under section 156 to the Tribunal for a review of the work order. 1997, c. 24, s. 155.
Review of work order
156. (1) If a landlord who has received an inspector’s work order is not satisfied with its terms, the landlord may, within 20 days after the day the order is issued, apply to the Tribunal for a review of the work order. Order (2) On an application under subsection (1), the Tribunal may, by order, (a) confirm or vary the inspector’s work order; (b) rescind the work order, if it finds that the landlord has complied with it; or (c) quash the work order. 1997, c. 24, s. 156. PART VIII   ONTARIO RENTAL HOUSING TRIBUNAL
Tribunal established
157. (1) A tribunal to be known as the Ontario Rental Housing Tribunal in English and Tribunal du logement de l’Ontario in French is hereby established. Tribunal’s jurisdiction (2) The Tribunal has exclusive jurisdiction to determine all applications under this Act and with respect to all matters in which jurisdiction is conferred on it by this Act. Access to rent information (3) The Registrar under the Rent Control Act, 1992 shall give to the Tribunal all information contained in the Rent Registry under that Act and the Tribunal shall provide any of that information to members of the public on request. Transitional (4) The Director of Rent Control under the Rent Control Act, 1992 shall give to the Tribunal, for its use, all records held by the Director that may be of assistance to the Tribunal in carrying out its powers and duties under this Act. 1997, c. 24, s. 157.
Composition
158. (1) The members of the Tribunal shall be appointed by the Lieutenant Governor in Council. 1997, c. 24, s. 158 (1). Remuneration and expenses (2) The members of the Tribunal who are not members of the public service of Ontario shall be paid the remuneration fixed by the Lieutenant Governor in Council and the reasonable expenses incurred in the course of their duties under this Act, as determined by the Minister. 1997, c. 24, s. 158 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2006, chapter 35, Schedule C, subsection 125 (1) by striking out “who are not members of the public service of Ontario” and substituting “who are not public servants employed under Part III of the Public Service of Ontario Act, 2006”. See: 2006, c. 35, Sched. C, ss. 125 (1), 137 (1). Public servant members (3) Members of the Tribunal may be persons who are appointed or transferred under the Public Service Act. 1997, c. 24, s. 158 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 2006, chapter 35, Schedule C, subsection 125 (2) by striking out “appointed or transferred under the Public Service Act” at the end and substituting “employed under Part III of the Public Service of Ontario Act, 2006”. See: 2006, c. 35, Sched. C, ss. 125 (2), 137 (1).
Chair and vice-chair
159. (1) The Lieutenant Governor in Council shall appoint one member of the Tribunal as chair and one or more members as vice-chairs. Same (2) The Chair may designate a vice-chair who shall exercise the powers and perform the duties of the chair when the chair is absent or unable to act. Chair, chief executive officer (3) The Chair shall be the chief executive officer of the Tribunal. 1997, c. 24, s. 159.
Quorum
160. One member of the Tribunal is sufficient to conduct a proceeding under this Act. 1997, c. 24, s. 160.
Conflict of interest
161. The members of the Tribunal shall file with the Tribunal a written declaration of any interests they have in residential rental property, and shall be required to comply with any conflict of interest guidelines or rules of conduct established by the Chair. 1997, c. 24, s. 161.
Power to determine law and fact
162. The Tribunal has authority to hear and determine all questions of law and fact with respect to all matters within its jurisdiction under this Act. 1997, c. 24, s. 162.
Members, mediators not compellable
163. No member of the Tribunal or person employed as a mediator by the Tribunal shall be compelled to give testimony or produce documents in a civil proceeding with respect to matters that come to his or her knowledge in the course of exercising his or her duties under this Act. 1997, c. 24, s. 163.
Rules and Guidelines Committee
164. (1) The Chair of the Tribunal shall establish a Rules and Guidelines Committee to be composed of the Chair, as Chair of the Committee, and any other members of the Tribunal the Chair may from time to time appoint to the Committee. Committee shall adopt rules (2) The Committee shall adopt rules of practice and procedure governing the practice and procedure before the Tribunal under the authority of this section and section 25.1 of the Statutory Powers Procedure Act. Committee may adopt guidelines (3) The Committee may adopt non-binding guidelines to assist members in interpreting and applying the Act and the regulations made under it. Means of adoption (4) The Committee shall adopt the rules and guidelines by simple majority, subject to the right of the Chair to veto the adoption of any rule or guideline. Make public (5) The Tribunal shall make its rules, guidelines and approved forms available to the public. Transitional (6) The Minister of Municipal Affairs and Housing may establish temporary rules of practice and procedure and guidelines for the Tribunal and those rules and guidelines shall be in force as rules and guidelines of the Tribunal until the Rules and Guidelines Committee adopts rules and guidelines for the Tribunal. 1997, c. 24, s. 164.
Information on rights and obligations
165. The Tribunal shall provide information to landlords and tenants about their rights and obligations under this Act. 1997, c. 24, s. 165.
Employees
166. Employees may be appointed for the purposes of the Tribunal in accordance with the regulations. 1997, c. 24, s. 166.
Professional assistance
167. The Tribunal may engage persons other than its members or employees to provide professional, technical, administrative or other assistance to the Tribunal and may establish the duties and terms of engagement and provide for the payment of the remuneration and expenses of those persons. 1997, c. 24, s. 167. Reports
Annual report
168. (1) At the end of each year, the Tribunal shall file with the Minister an annual report on its affairs. Further reports and information (2) The Tribunal shall make further reports and provide information to the Minister from time to time as required by the Minister. Tabled with Assembly (3) The Minister shall submit any reports received from the Tribunal to the Lieutenant Governor in Council and then shall table them with the Assembly if it is in session or, if not, at the next session. 1997, c. 24, s. 168.
Tribunal may set, charge fees
169. (1) The Tribunal, subject to the approval of the Minister, may set and charge fees, (a) for making an application under this Act or requesting a review of an order under section 21.2 of the Statutory Powers Procedure Act; (b) for furnishing copies of forms, notices or documents filed with or issued by the Tribunal or otherwise in the possession of the Tribunal; or (c) for other services provided by the Tribunal. Same (2) The Tribunal may treat different kinds of applications differently in setting fees and may base fees on the number of residential units affected by an application. Make fees public (3) The Tribunal shall ensure that its fee structure is available to the public. 1997, c. 24, s. 169.
Fee refunded, review
170. The Tribunal may refund a fee paid for requesting a review of an order under section 21.2 of the Statutory Powers Procedure Act if, on considering the request, the Tribunal varies, suspends or cancels the original order. 1997, c. 24, s. 170. PART IX   PROCEDURE
Expeditious procedures
171. The Tribunal shall adopt the most expeditious method of determining the questions arising in a proceeding that affords to all persons directly affected by the proceeding an adequate opportunity to know the issues and be heard on the matter. 1997, c. 24, s. 171.
Form of application
172. (1) An application shall be filed with the Tribunal in the form approved by the Tribunal, shall be accompanied by the prescribed information and shall be signed by the applicant. 1997, c. 24, s. 172 (1). Application filed by agent (2) An applicant may give an agent written authorization to sign an application and, if the applicant does so, the Tribunal may require the agent to file a copy of the authorization. 1997, c. 24, s. 172 (2). Note: Effective May 1, 2007, subsection (2) is repealed by the Statutes of Ontario, 2006, chapter 21, Schedule C, subsection 136 (1) and the following substituted: Application filed by representative (2) An applicant may give written authorization to sign an application to a person representing the applicant under the authority of the Law Society Act and, if the applicant does so, the Tribunal may require such representative to file a copy of the authorization. 2006, c. 21, Sched. C, s. 136 (1). See: 2006, c. 21, Sched. C, ss. 136 (1), 138 (2).
Combining applications
173. (1) A tenant may combine several applications into one application. Same (2) Two or more tenants of a residential complex may together file an application that may be filed by a tenant if each tenant applying in the application signs it. Same (3) A landlord may combine several applications relating to a given tenant into one application, so long as the landlord does not combine an application for a rent increase with any other application. 1997, c. 24, s. 173.
Parties
174. (1) The parties to an application are the landlord and any tenants or other persons directly affected by the application. Add or remove parties (2) The Tribunal may add or remove parties as the Tribunal considers appropriate. 1997, c. 24, s. 174. Service
Service of application
175. (1) An applicant to the Tribunal shall give the other parties to the application a copy of the application within the time set out in the Rules. Service of notice of hearing (2) Despite the Statutory Powers Procedure Act, an applicant shall give a copy of any notice of hearing issued by the Tribunal in respect of an application to the other parties to the application. Certificate of service (3) A party shall file with the Tribunal a certificate of service in the form approved by the Tribunal in the circumstances set out in the Rules. 1997, c. 24, s. 175.
Tribunal may extend, shorten time
176. (1) The Tribunal may extend or shorten the time requirements related to making an application under section 138 or under section 156 in accordance with the Rules. Same (2) The Tribunal may extend or shorten the time requirements with respect to any matter in its proceedings, other than the prescribed time requirements, in accordance with the Rules. 1997, c. 24, s. 176.
File dispute
177. (1) A respondent wishing to dispute the following applications must do so by filing a dispute in writing with the Tribunal: 1. An application to terminate a tenancy or to evict a person. 2. A landlord’s application for arrears of rent, compensation, damages or for the payment of money as a result of misrepresentation of income. 3. A tenant’s application under section 89 (compensation, overholding subtenant). 4. A tenant’s application under section 144. 5. A tenant’s application claiming that a landlord unreasonably withheld consent to an assignment or subletting of a rental unit. Same (2) The time for filing a dispute shall be, (a) in the case of an application to terminate a tenancy or to evict a person, five days after the applicant has served the notice of hearing on the respondent; and (b) in the case of any other application, within the time provided for in the Rules. 1997, c. 24, s. 177.
How notice or document given
178. (1) A notice or document is sufficiently given to a person other than the Tribunal, (a) by handing it to the person; (b) if the person is a landlord, by handing it to an employee of the landlord exercising authority in respect of the residential complex to which the notice or document relates; (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) if there is no mail box, by leaving it at the place where mail is ordinarily delivered to the person; (f) by sending it by mail to the last known address where the person resides or carries on business; or (g) by any other means allowed in the Rules. When notice deemed valid (2) A notice or document that is not given in accordance with this section 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 required time period. Mail (3) A notice or document given by mail shall be deemed to have been given on the fifth day after mailing. 1997, c. 24, s. 178.
How notice or document given to Tribunal
179. (1) A notice or document is sufficiently given to the Tribunal, (a) by hand delivering it to the Tribunal at the appropriate office as set out in the Rules; (b) by sending it by mail to the appropriate office as set out in the Rules; or (c) by any other means allowed in the Rules. Same (2) A notice or document given to the Tribunal by mail shall be deemed to have been given on the earlier of the fifth day after mailing and the day on which the notice or the document was actually received. 1997, c. 24, s. 179.
Time
180. Time shall be computed in accordance with the Rules. 1997, c. 24, s. 180.
Tribunal may mediate
181. (1) The Tribunal may attempt to mediate a settlement of any matter that is the subject of an application if the parties consent to the mediation. Settlement may override Act (2) Despite subsection 2 (1) and subject to subsection (3), a settlement mediated under this section may contain provisions that contravene any provision under this Act. Exception (3) The largest rent increase that can be mediated under this section for a rental unit that is not a mobile home or a land lease home is equal to the greater of, (a) a rent increase up to the maximum rent permitted under section 135; (b) the sum of the guideline and 4 per cent of the previous year’s lawful rent. Successful mediation (4) If some or all of the issues with respect to an application are successfully mediated under this section, the Tribunal shall dispose of the application in accordance with the Rules. Hearing (5) If there is no mediated settlement, the Tribunal shall hold a hearing. 1997, c. 24, s. 181.
Money paid to Tribunal
182. (1) The Tribunal may, subject to the regulations, require a respondent to pay a specified sum into the Tribunal within a specified time where the Tribunal considers it appropriate to do so. Rules re money paid (2) The Tribunal may establish procedures in its rules for the payment of money into and out of the Tribunal. Refuse to consider evidence, money not paid (3) The Tribunal may refuse to consider the evidence and submissions of a respondent if the respondent fails to pay the specified sum within the specified time. 1997, c. 24, s. 182.
Tribunal may refuse to proceed if money owing
182.1 (1) Upon receiving information that an applicant owes money to the Tribunal as a result of having failed to pay any fine, fee or costs, (a) if the information is received on or before the day the applicant submits an application, an employee of the Tribunal shall, in such circumstances as may be specified in the Rules, refuse to allow the application to be filed; (b) if the information is received after the application has been filed but before a hearing is held, the Tribunal shall stay the proceeding until the fee, fine or costs have been paid and may discontinue the application in such circumstances as may be specified in the Rules; (c) if the information is received after a hearing with respect to the application has begun, the Tribunal shall not issue an order until the fine, fee or costs have been paid and may discontinue the application in such circumstances as may be specified in the Rules. 2000, c. 26, Sched. K, s. 6 (25). Definition (2) In subsection (1), “fine, fee or costs” does not include money that is paid in trust to the Tribunal pursuant to an order of the Tribunal and that may be paid out to either the tenant or the landlord when the application is disposed of. 2000, c. 26, Sched. K, s. 6 (25).
Where Tribunal may dismiss
183. (1) The Tribunal may dismiss an application without holding a hearing or refuse to allow an application to be filed if, in the opinion of the Tribunal, the matter is frivolous or vexatious, has not been initiated in good faith or discloses no reasonable cause of action. Same (2) The Tribunal may dismiss a proceeding without holding a hearing if the Tribunal finds that the applicant filed documents that the applicant knew or ought to have known contained false or misleading information. 1997, c. 24, s. 183.
SPPA applies
184. (1) The Statutory Powers Procedure Act applies with respect to all proceedings before the Tribunal. 1997, c. 24, s. 184 (1). Exception (2) Subsection 5.1 (2) of the Statutory Powers Procedure Act does not apply with respect to an application under section 137 or 143 or an application solely under paragraph 1 of subsection 138 (1). 1997, c. 24, s. 184 (2); 2001, c. 9, Sched. J, s. 4 (7). Exception (3) Subsection 5.1 (3) of the Statutory Powers Procedure Act does not apply to an application under section 137, 138 or 143. 2001, c. 9, Sched. J, s. 4 (8). Joinder and severance of applications
Applications joined
185. (1) Despite the Statutory Powers Procedure Act, the Tribunal may direct that two or more applications be joined or heard together if the Tribunal believes it would be fair to determine the issues raised by them together. 1997, c. 24, s. 185 (1); 2001, c. 9, Sched. J, s. 4 (9). Applications severed (2) The Tribunal may order that applications that have been joined be severed or that applications that had been ordered to be heard together be heard separately. 1997, c. 24, s. 185 (2).
Application severed
185.1 The Tribunal may order that an application be severed and each severed part dealt with as though it were a separate application under this Act if, (a) two or more applications are combined under section 173 in the application; (b) the application is made by more than one tenant under subsection 173 (2); or (c) the Tribunal believes it would be appropriate to deal separately with different matters included in the application. 2001, c. 9, Sched. J, s. 4 (10). Amendment and withdrawal of applications
Amend application
186. (1) An applicant may amend an application at any time in a proceeding on notice, with the consent of the Tribunal. Withdraw application (2) Subject to subsection (3), an applicant may withdraw an application at any time before the hearing begins. Same, harassment (3) An applicant may withdraw an application under paragraph 7 of subsection 32 (1) only with the consent of the Tribunal. Same (4) An applicant may withdraw an application after the hearing begins with the consent of the Tribunal. 1997, c. 24, s. 186.
Other powers of Tribunal
187. (1) The Tribunal may, before, during or after a hearing, (a) conduct any inquiry it considers necessary or authorize an employee of the Tribunal to do so; (b) request an inspector or an employee of the Tribunal to conduct any inspection it considers necessary; (c) question any person, by telephone or otherwise, concerning the dispute or authorize an employee of the Tribunal to do so; (d) permit or direct a party to file additional evidence with the Tribunal which the Tribunal considers necessary to make its decision; (e) view premises that are the subject of the hearing; or (f) on its own motion and on notice to the parties, amend an application if the Tribunal considers it appropriate to do so and if amending the application would not be unfair to any party. 1997, c. 24, s. 187 (1); 2000, c. 26, Sched. K, s. 6 (26). Same (2) In making its determination, the Tribunal may consider any relevant information obtained by the Tribunal in addition to the evidence given at the hearing, provided that it first informs the parties of the additional information and gives them an opportunity to explain or refute it. 1997, c. 24, s. 187 (2). Same (3) If a party fails to comply with a direction under clause (1) (d), the Tribunal may, (a) refuse to consider the party’s submissions and evidence respecting the matter regarding which there was a failure to comply; or (b) if the party who has failed to comply is the applicant, dismiss all or part of the application. 1997, c. 24, s. 187 (3). Parties may view premises with Tribunal (4) If the Tribunal intends to view premises under clause (1) (e), the Tribunal shall give the parties an opportunity to view the premises with the Tribunal. 1997, c. 24, s. 187 (4).
Findings of Tribunal
188. In making findings on an application, the Tribunal 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. 1997, c. 24, s. 188.
Correction of deemed rent
189. In any application made under this Act in which rent for a rental unit is in issue, the Tribunal may correct an error in deeming the amount of rent, the date it took effect or the inclusion of a service in rent and may take into account the rent, the effective date or the service that ought to have been deemed if, (a) the amount of rent or date it took effect was deemed to be lawful or the service was deemed to be included in the rent by the operation of the Rent Control Act, 1992 or the Residential Rent Regulation Act; and (b) the Tribunal is satisfied that an error or omission in a document filed by a landlord or tenant led to the error in the deeming. 1997, c. 24, s. 189.
Conditions in order
190. (1) The Tribunal may include in an order whatever conditions it considers fair in the circumstances. 1997, c. 24, s. 190 (1). Order re costs (2) The Tribunal may order a party to an application to pay the costs of another party. 1997, c. 24, s. 190 (2). Same (3) The Tribunal may order that its costs of a proceeding be paid by a party or a paid agent or counsel to a party. 1997, c. 24, s. 190 (3). Note: Effective May 1, 2007, subsection (3) is amended by the Statutes of Ontario, 2006, chapter 21, Schedule C, subsection 136 (2) by striking out “a paid agent or counsel to a party” and substituting “the party’s paid representative”. See: 2006, c. 21, Sched. C, ss. 136 (2), 138 (2). Same (4) The amount of an order for costs shall be determined in accordance with the Rules. 1997, c. 24, s. 190 (4).
Order payment
191. (1) The Tribunal may include in an order the following provision: “The landlord or the tenant shall pay to the other any sum of money that is owed as a result of this order.” Payment of order by instalments (2) If the Tribunal makes an order for a rent increase above the guideline and the order is made three months or more after the first effective date of a rent increase in the order, the Tribunal may provide in the order that if a tenant owes any sum of money to the landlord as a result of the order, the tenant may pay the landlord the amount owing in monthly instalments. Same (3) If an order made under subsection (2) permits a tenant to pay the amount owing by instalments, the tenant may do so even if the tenancy is terminated. Same (4) An order providing for monthly instalments shall not provide for more than 12 monthly instalments. 1997, c. 24, s. 191.
Default orders
192. (1) The Tribunal may make an order with respect to any of the following applications without holding a hearing if the application is not disputed: 1. An application to terminate a tenancy or to evict a person, other than, i. an application based in whole or in part on a notice of termination under section 65, or ii. an application based in whole or in part on a notice of termination under subsection 62 (1) grounded on an illegal act, trade, business or occupation described in clause 62 (3) (a). 2. A landlord’s application for arrears of rent, compensation, damages or for the payment of money as a result of misrepresentation of income. 3. A tenant’s application under section 89 (compensation, overholding subtenant). 4. A tenant’s application under section 144 (money collected illegally). 5. A tenant’s application claiming that a landlord unreasonably withheld consent to an assignment or subletting of a rental unit. 1997, c. 24, s. 192 (1); 2000, c. 26, Sched. K, s. 6 (27). Default order officer (1.1) The Tribunal may designate one or more employees of the Tribunal as default order officers for the purposes of subsection (1.2). 2000, c. 26, Sched. K, s. 6 (28). Delegation (1.2) Despite subsection 157 (2), a default order officer may make an order under subsection (1) in accordance with the Rules. 2000, c. 26, Sched. K, s. 6 (28). Deemed order of Tribunal (1.3) An order made under subsection (1.2) shall be deemed to be an order of the Tribunal. 2000, c. 26, Sched. K, s. 6 (28). Setting order aside (2) The respondent may, within 10 days after the order is issued, make a motion to the Tribunal on notice to the applicant to have the order set aside. 1997, c. 24, s. 192 (2). Same (3) An order under subsection (1) is stayed when a motion to have the order set aside is received by the Tribunal and shall not be enforced under this Act or as an order of a court during the stay. 1997, c. 24, s. 192 (3). Same (4) The Tribunal may set aside the order if satisfied that the respondent was not reasonably able to participate in the proceeding and the Tribunal shall then proceed to hear the merits of the application. 1997, c. 24, s. 192 (4). Monetary jurisdiction; deduction of rent; interest
Monetary jurisdiction of Tribunal
193. (1) The Tribunal may, where it otherwise has the jurisdiction, order the payment to any given person of an amount of money up to $10,000 or the monetary jurisdiction of the Small Claims Court in the area where the residential complex is located, whichever is greater. Same (2) A person entitled to apply under this Act but whose claim exceeds the Tribunal’s monetary jurisdiction may commence a proceeding in any court of competent jurisdiction for an order requiring the payment of that sum and, if such a proceeding is commenced, the court may exercise any powers that the Tribunal could have exercised if the proceeding had been before the Tribunal and within its monetary jurisdiction. Same (3) If a party makes a claim in an application for payment of a sum equal to or less than the Tribunal’s monetary jurisdiction, all rights of the party in excess of the Tribunal’s monetary jurisdiction are extinguished once the Tribunal issues its order. Order may provide deduction from rent (4) If a landlord is ordered to pay a sum of money to a person who is a current tenant of the landlord at the time of the order, the order may provide that if the landlord fails to pay the amount owing, the tenant may recover that amount plus interest by deducting a specified sum from the tenant’s rent paid to the landlord for a specified number of rental periods. Same (5) Nothing in subsection (4) limits the right of the tenant to collect at any time the full amount owing or any balance outstanding under the order. Post-judgment interest (6) The Tribunal may set a date on which payment of money ordered by the Tribunal must be made and interest shall accrue on money owing only after that date at the post-judgment interest rate under section 127 of the Courts of Justice Act. 1997, c. 24, s. 193.
Notice of decision
194. (1) The Tribunal shall send each party who participated in the proceeding, or the party’s counsel or agent, a copy of its order, including the reasons if any have been given, in accordance with section 178. 1997, c. 24, s. 194 (1). Note: Effective May 1, 2007, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 21, Schedule C, subsection 136 (3) by striking out “the party’s counsel or agent” and substituting “the person who represented the party”. See: 2006, c. 21, Sched. C, ss. 136 (3), 138 (2). Same (2) Section 18 of the Statutory Powers Procedure Act does not apply to proceedings under this Act. 1997, c. 24, s. 194 (2).
Order final, binding
195. Except where this Act provides otherwise, an order of the Tribunal is final, binding and not subject to review except under section 21.2 of the Statutory Powers Procedure Act. 1997, c. 24, s. 195.
Appeal rights
196. (1) Any person affected by an order of the Tribunal may appeal the order to the Divisional Court within 30 days after being given the order, but only on a question of law. Tribunal to receive notice (2) A person appealing an order under this section shall give to the Tribunal any documents relating to the appeal. Tribunal may be heard by counsel (3) The Tribunal is entitled to be heard by counsel or otherwise upon the argument on any issue in an appeal. Powers of Court (4) 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 the Tribunal with the opinion of the Divisional Court. Same (5) 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. 1997, c. 24, s. 196.