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Residential Tenancies Act, 2006
Loi de 2006 sur la location à usage d’habitation

ONTARIO REGULATION 394/10

SUITE METERS AND APPORTIONMENT OF UTILITY COSTS

Historical version for the period October 13, 2010 to December 16, 2010.

Note: This Regulation comes into force on the day subsection 39 (1) of the Energy Consumer Protection Act, 2010 comes into force. See: O. Reg. 394/10, s. 20.

No amendments.

This Regulation is made in English only.

CONTENTS

Interpretation

1.

Definitions

Suite Meters

2.

Notice of interruption in supply of electricity — s. 137 (2) (c) of the Act

3.

Notice of termination of obligation to supply electricity — s. 137 (3) (b) of the Act

4.

Rent reduction re termination of obligation to supply electricity — s. 137 (3) (c) of the Act

5.

Information for tenants — s. 137 (4) of the Act

6.

Termination of obligation where primary heat source is electricity — s. 137 (5) of the Act

7.

Tenant’s request to adjust the rent reduction — s. 137 (6) of the Act

8.

Information for prospective tenants — s. 137 (7) of the Act

9.

Other circumstances where information required — s. 137 (8) of the Act

10.

Electricity conservation and efficiency duties of landlord — s. 137 (9) of the Act

11.

Electricity conservation and efficiency duties in other prescribed circumstances — s. 137 (10) of the Act

12.

Tenant’s application for order re breach of landlord’s obligations — s. 137 (11) of the Act

Apportionment of Utility Costs

13.

Calculation of the tenant’s portion of utility cost — s. 138 (1) of the Act

14.

Notice of apportionment of utility cost — s. 138 (1) (a) of the Act

15.

Rent reduction re apportionment of utility cost — s. 138 (1) (b) of the Act

16.

Information for prospective tenants — s. 138 (4) of the Act

17.

Utility conservation and efficiency obligations of landlord — s. 138 (5) of the Act

18.

Tenant’s application for order re breach of landlord’s obligations — s. 138 (6) of the Act

Exemptions

19.

Exemptions from obligation to reduce rent

Interpretation

Definitions

1. In this Regulation,

“distributor” has the same meaning as in section 3 of the Ontario Energy Board Act, 1998. O. Reg. 394/10, s. 1.

Suite Meters

Notice of interruption in supply of electricity — s. 137 (2) (c) of the Act

2. The following rules apply with respect to the notice that a landlord is required by clause 137 (2) (c) of the Act to provide to a tenant in connection with the interruption of the supply of electricity to a rental unit when a suite meter is installed:

1. Written notice must be given at least 24 hours before the supply of electricity is to be interrupted.

2. The notice must specify the date and time between the hours of 8 a.m. and 6 p.m. when the interruption is to occur.

3. The notice must describe the anticipated duration of the interruption. O. Reg. 394/10, s. 2.

Notice of termination of obligation to supply electricity — s. 137 (3) (b) of the Act

3. The following rules apply with respect to the notice that a landlord is required by clause 137 (3) (b) of the Act to provide to a tenant in connection with the termination of the landlord’s obligation to supply electricity to a rental unit when a meter or a suite meter is installed:

1. Written notice must be given at least 30 days before the landlord’s obligation to supply electricity is to be terminated.

2. The notice must specify the date when the obligation is terminated. O. Reg. 394/10, s. 3.

Rent reduction re termination of obligation to supply electricity — s. 137 (3) (c) of the Act

4. (1) In this section,

“additional charges and taxes” means, in relation to electricity for a rental unit, the charges payable by the tenant to the distributor or suite meter provider, as the case may be, for delivery of the electricity, for regulatory charges, for debt retirement charges, for billing fees and other administrative charges and for all applicable taxes but excluding any one-time setup fees and any penalties or charges related to late payment;

“electricity consumption cost” means, in relation to a residential complex, the amount charged for the electricity consumed by the residential complex as set out on the invoice for the residential complex from the distributor or suite meter provider, as the case may be, under the heading “Your Electricity Charges” and the subheading “Electricity”. O. Reg. 394/10, s. 4 (1).

(2) In subsections (4), (5) and (7),

“electricity consumption cost” means, in relation to a rental unit,

(a) the amount charged for the electricity consumed by the rental unit as set out on the invoice for the rental unit from the distributor or suite meter provider, as the case may be, under the heading “Your Electricity Charges” and the subheading “Electricity”, or

(b) if there is no invoice for the rental unit from the distributor or suite meter provider, the amount charged for the electricity consumed by the rental unit as determined using information obtained from the distributor or suite meter provider. O. Reg. 394/10, s. 4 (2).

(3) The following rules apply with respect to the reduction in rent required by clause 137 (3) (c) of the Act in connection with the termination of the landlord’s obligation to supply electricity to a rental unit when a meter or a suite meter is installed:

1. The landlord shall reduce the rent on the first day of a rental period which begins no later than the day on which the landlord’s obligation to supply electricity is to be terminated.

2. If the landlord’s obligation to supply electricity is terminated under subsection 137 (3) of the Act, the minimum amount of the reduction in rent must be determined using the method described in subsection (4) or (6).

3. If the landlord’s obligation to supply electricity is terminated under subsection 137 (5) of the Act, the minimum amount of the reduction in rent must be determined using the method described in subsection (7).

4. If the landlord’s obligation to supply electricity is terminated under subsection 137 (3) of the Act for more than one rental unit in a residential complex, the minimum amount of the reduction in rent for each of those rental units must be determined using the same method, except as permitted in paragraph 5.

5. If the landlord uses the method described in subsection (6) to determine the minimum amount of the reduction in rent for one or more of the rental units in a residential complex, the landlord is permitted to change methods in a subsequent case and use the method described in subsection (4) for another rental unit in that residential complex. However, once the landlord has chosen to use the method described in subsection (4) for any of the rental units in a residential complex, the landlord must use that method in all subsequent cases for the other rental units in that residential complex.

6. If the landlord fails to comply with paragraph 4 or 5, the minimum amount of the reduction in rent for the rental unit in the residential complex must be determined by the method that results in the greatest reduction for the tenant. O. Reg. 394/10, s. 4 (3).

Rent reduction based upon past consumption by a rental unit

(4) The minimum amount of the reduction in rent for a rental unit for a rental period may be calculated using the formula,

in which,

“A” is,

(a) the electricity consumption cost for the rental unit for the most recent 12-month period for which information is available preceding the date on which the information described in subsection 5 (3) is provided to the tenant, or

(b) the adjusted electricity consumption cost determined under clause (5) (a) for the rental unit for that 12-month period, if the rental unit was vacant for one or more months during that period,

“B” is the total of the additional charges and taxes for the rental unit for the following 12-month period, as estimated with reference to,

(a) the electricity actually consumed by the rental unit for the 12-month period described in “A”, or

(b) the electricity notionally consumed by the rental unit for the 12-month period described in “A”, as determined under clause (5) (b), if the rental unit was vacant for one or more months during that period, and

“C” is the number of rental periods in a 12-month period.

O. Reg. 394/10, s. 4 (4).

(5) If the rental unit is vacant for one or more months during the 12-month period described in the definition of “A” in subsection (4),

(a) the adjusted electricity consumption cost to be used in the definition of “A” is the amount calculated using the formula,

in which,

“D” is the electricity consumption cost for the rental unit for the portion of the 12-month period during which the rental unit was occupied, and

“F” is the number of full months for which the rental unit was occupied during the 12-month period; and

(b) the electricity notionally consumed by the rental unit for the 12-month period described in the definition of “A” in subsection (4) is the amount calculated using the formula,

in which,

“E” is the electricity consumed by the rental unit for the portion of the 12-month period during which the rental unit was occupied, and

“F” is the number of full months for which the rental unit was occupied during the 12-month period.

O. Reg. 394/10, s. 4 (5).

Rent reduction based upon estimated past consumption by a rental unit

(6) The minimum amount of the reduction in rent for a rental unit for a rental period may be calculated in accordance with the following rules:

1. Calculate the annual electricity consumption cost for all rental units in the residential complex, using the formula,

in which,

“G” is the electricity consumption cost for the residential complex for the most recent 12-month period for which information is available preceding the date on which the information described in subsection 5 (3) is provided to the tenant, and

“H” is the electricity consumption cost for the same 12-month period for the portion of the residential complex other than the rental units, as estimated by an individual who holds a licence under the Professional Engineers Act.

2. Calculate the annual amount of electricity consumed by all rental units in the residential complex, using the formula,

in which,

“J” is the electricity consumed by the residential complex for the most recent 12-month period for which information is available preceding the date on which the information described in subsection 5 (3) is provided to the tenant, and

“K” is the electricity consumed for the same 12-month period for the portion of the residential complex other than the rental units, as estimated by an individual who holds a licence under the Professional Engineers Act.

3. Calculate the estimated annual electricity consumption cost for the rental unit, using the formula,

in which,

“L” is the amount of the annual electricity consumption cost for all rental units in the residential complex as calculated under paragraph 1,

“N” is the area of the rental unit, expressed in square feet, and

“P” is the total area of all rental units in the residential complex, expressed in square feet.

4. Calculate the estimated annual amount of electricity consumed by the rental unit, using the formula,

in which,

“M” is the annual amount of electricity consumed by all rental units in the residential complex as calculated under paragraph 2,

“N” is the area of the rental unit, expressed in square feet, and

“P” is the total area of all rental units in the residential complex, expressed in square feet.

5. Calculate the estimated cost of supplying electricity to the rental unit for a rental period, using the formula,

in which,

“Q” is the estimated annual electricity consumption cost for the rental unit as calculated under paragraph 3,

“R” is the total of the additional charges and taxes for the rental unit for the following 12-month period, as estimated with reference to the estimated annual amount of electricity consumed by the rental unit as calculated under paragraph 4, and

“S” is the number of rental periods in a 12-month period.

6. The amount calculated under paragraph 5 is the amount of the rent reduction for the rental unit for a rental period. O. Reg. 394/10, s. 4 (6).

Rent reduction for a rental unit with electrical heating

(7) If the landlord’s obligation to supply electricity to a rental unit is terminated under subsection 137 (5) of the Act, the minimum amount of the reduction in rent for the rental unit for a rental period is calculated using the formula,

in which,

“T” is,

(a) the electricity consumption cost for the rental unit for the most recent 12-month period for which information is available preceding the date on which the information described in subsection 5 (3) is provided to the tenant, excluding the portion that is attributable to the consumption of electricity for heat, or

(b) the adjusted electricity consumption cost determined under clause (8) (a) for the rental unit for that 12-month period, excluding the portion that is attributable to the consumption of electricity for heat, if the rental unit was vacant for one or more months during that period,

“U” is the total of the additional charges and taxes for the rental unit for the following 12-month period, as estimated with reference to,

(a) the electricity consumed by the rental unit for the 12-month period described in “T”, excluding the electricity consumed for heat, or

(b) the electricity notionally consumed by the rental unit for the 12-month period described in “T”, as determined under clause (8) (b), excluding the electricity consumed for heat, if the rental unit was vacant for one or more months during that period, and

“V” is the number of rental periods in a 12-month period.

O. Reg. 394/10, s. 4 (7).

(8) If the rental unit is vacant for one or more months during the 12-month period described in the definition of “T” in subsection (7),

(a) the adjusted electricity consumption cost to be used in the definition of “T” is the amount calculated using the formula,

in which,

“W” is the electricity consumption cost for the rental unit for the portion of the 12-month period during which the rental unit was occupied, excluding the portion that is attributable to the consumption of electricity for heat, and

“Y” is the number of full months for which the rental unit was occupied during the 12-month period; and

(b) the electricity notionally consumed by the rental unit for the 12-month period described in the definition of “U” in subsection (7) is the amount calculated using the formula,

in which,

“X” is the electricity consumed by the rental unit for the portion of the 12-month period during which the rental unit was occupied, excluding the electricity consumed for heat, and

“Y” is the number of full months for which the rental unit was occupied during the 12-month period.

O. Reg. 394/10, s. 4 (8).

Information for tenants — s. 137 (4) of the Act

5. (1) The information described in this section is the information that a landlord is required by subsection 137 (4) of the Act to provide to a tenant before obtaining the tenant’s written consent to the termination of the landlord’s obligation to supply electricity to a rental unit. O. Reg. 394/10, s. 5 (1).

(2) The tenant must be given a statement in writing that the tenant is not required to consent to the termination of the landlord’s obligation to supply electricity to the rental unit. O. Reg. 394/10, s. 5 (2).

(3) The tenant must be given information in writing about the amount of the rent reduction for the rental unit and how the reduction is calculated. O. Reg. 394/10, s. 5 (3).

(4) The tenant must be given the following information in writing concerning the distributor or suite meter provider supplying the electricity to the rental unit:

1. Contact information for the distributor or suite meter provider.

2. A statement that the distributor or suite meter provider may require a security deposit from the tenant.

3. Information about the distributor’s or suite meter provider’s security deposit policy, if a security deposit may be required.

4. A statement describing the types of any fees to be imposed on the tenant by the distributor or suite meter provider, and setting out the amount of the fees or, if the amount is not known, a description of how the fees are calculated.

5. A statement indicating the circumstances in which the fees charged by the distributor or suite meter provider may increase.

6. Information about the amount of any planned increases in the fees charged by the distributor or suite meter provider.

7. A statement that the distributor or suite meter provider may shut off the electricity supply to the rental unit if an amount payable by the tenant is overdue. O. Reg. 394/10, s. 5 (4).

(5) Upon request, the tenant must be given a copy of the agreement, if any, between the landlord and the distributor or suite meter provider. O. Reg. 394/10, s. 5 (5).

(6) The tenant must be given contact information in writing for the Ontario Energy Board and a written statement indicating that the tenant can contact the Ontario Energy Board about any dispute with the distributor or suite meter provider. O. Reg. 394/10, s. 5 (6).

(7) If the landlord provides a refrigerator for the rental unit, the tenant must be given, in writing, the best information that is available to the landlord about the date of manufacture of the refrigerator and any available information about the energy efficiency of the refrigerator. O. Reg. 394/10, s. 5 (7).

Termination of obligation where primary heat source is electricity — s. 137 (5) of the Act

6. Where the primary source of heat in a rental unit is generated by means of electricity, the following are the circumstances and conditions referred to in subsection 137 (5) of the Act under which a landlord is permitted to terminate an obligation to supply electricity to the unit, but the landlord is permitted to do so only if both of the circumstances and conditions exist:

1. The electricity supply for the provision of heat in the rental unit is not connected to the meter or suite meter that measures the electricity supplied to the unit for other uses.

2. The landlord does not terminate the obligation to supply electric heat. O. Reg. 394/10, s. 6.

Tenant’s request to adjust the rent reduction — s. 137 (6) of the Act

7. For the purposes of subsection 137 (6) of the Act, there are no prescribed circumstances in which a tenant may request that the landlord adjust the rent reduction provided under subsection 137 (3) of the Act and provide a rebate. O. Reg. 394/10, s. 7.

Information for prospective tenants — s. 137 (7) of the Act

8. (1) The landlord’s duty under subsection 137 (7) of the Act to provide information to a prospective tenant does not apply if, under the proposed tenancy agreement, the landlord agrees to assume the obligation to supply electricity to the rental unit and to pay any associated costs. O. Reg. 394/10, s. 8 (1).

(2) For the purposes of paragraph 1 of subsection 137 (7) of the Act, the prescribed period in respect of which the landlord is required to provide information to the prospective tenant concerning electricity consumption in the rental unit is the lesser of,

(a) the 12-month period before they enter into the proposed tenancy agreement; or

(b) the period during which the suite meter has been installed in the rental unit. O. Reg. 394/10, s. 8 (2).

(3) For the purposes of paragraph 3 of subsection 137 (7) of the Act, the following is the other prescribed information that the landlord is required to provide to the prospective tenant:

1. If the landlord provides a refrigerator for the rental unit, the prospective tenant must be given the best information that is available to the landlord about the date of manufacture of the refrigerator and any available information about the energy efficiency of the refrigerator. O. Reg. 394/10, s. 8 (3).

Other circumstances where information required — s. 137 (8) of the Act

9. A landlord has the duty to provide the information required by subsection 137 (8) of the Act if a meter is installed in respect of a rental unit and the landlord will not be assuming the obligation to supply electricity to the rental unit and to pay any associated costs. O. Reg. 394/10, s. 9.

Electricity conservation and efficiency duties of landlord — s. 137 (9) of the Act

10. (1) The rules set out in this section apply with respect to the landlord’s duties under subsection 137 (9) of the Act respecting electricity conservation and efficiency. O. Reg. 394/10, s. 10 (1).

(2) If the landlord provides a refrigerator for a rental unit, the refrigerator must be one that is manufactured on or after January 1, 1994. O. Reg. 394/10, s. 10 (2).

(3) If the landlord replaces a refrigerator in a rental unit, the replacement refrigerator must be one that is manufactured on or after December 31, 2002. O. Reg. 394/10, s. 10 (3).

(4) If, on October 13, 2010, the tenant is being billed by the distributor or suite meter provider for electricity use in a rental unit, the rule set out in subsection (2) does not apply with respect to the rental unit until two years after the date on which subsection 137 (9) of the Act comes into force. O. Reg. 394/10, s. 10 (4).

Electricity conservation and efficiency duties in other prescribed circumstances — s. 137 (10) of the Act

11. A landlord has the duty to comply with the electricity conservation and efficiency obligations required by subsection 137 (10) of the Act in the following circumstances:

1. In any circumstance in which the landlord is not obligated to supply electricity to the rental unit, other than as a result of the termination under section 137 of the Act of the landlord’s obligation. O. Reg. 394/10, s. 11.

Tenant’s application for order re breach of landlord’s obligations — s. 137 (11) of the Act

12. The following are the circumstances in which a tenant or former tenant of a rental unit may apply under subsection 137 (11) of the Act for an order determining whether the landlord has breached an obligation under section 137 of the Act:

1. An application concerning a breach of subsection 137 (2), (3), (4), (5), (7) or (8) of the Act must be made within one year after the alleged breach first occurred.

2. There are no restrictions on the circumstances in which an application concerning a breach of subsection 137 (9) or (10) of the Act may be made. O. Reg. 394/10, s. 12.

Apportionment of Utility Costs

Calculation of the tenant’s portion of utility cost — s. 138 (1) of the Act

13. (1) The following rules apply if, under subsection 138 (1) of the Act, a landlord of a building containing not more than six rental units who supplies a utility to each of the rental units in the building charges the tenant a portion of the cost of the utility:

1. Subject to paragraph 2, the portion of the cost to be charged to the tenant for a billing period must be determined in accordance with a method described in subsection (2) or (3).

2. If the cost is being apportioned among tenants in more than one rental unit, the portion of the cost apportioned to each of those rental units must be determined using the same method.

3. The rules set out in paragraphs 1 and 2 do not apply with respect to a particular utility if, immediately before the date on which subsection 138 (1) of the Act comes into force, the landlord was charging any tenant in the building a portion of the cost of that utility. O. Reg. 394/10, s. 13 (1).

(2) The cost of the utility may be apportioned to a rental unit by dividing the total cost of the utility for all of the residential units in the building and the related common areas for each billing period by the number of residential units in the building. O. Reg. 394/10, s. 13 (2).

(3) The cost of the utility may be apportioned to a rental unit by dividing the total cost of the utility for all of the residential units in the building and the related common areas for each billing period by the total square footage of all residential units in the building, and multiplying the resulting amount by the square footage of the applicable tenant’s rental unit. O. Reg. 394/10, s. 13 (3).

(4) For the purposes of subsections (2) and (3), the total cost of the utility does not include any penalties or charges related to late payment. O. Reg. 394/10, s. 13 (4).

Notice of apportionment of utility cost — s. 138 (1) (a) of the Act

14. (1) The following rules apply with respect to the notice that a landlord is required by clause 138 (1) (a) of the Act to provide to a tenant of a rental unit if the tenant is to be charged a portion of the cost of a utility:

1. Written notice must be given to the tenant at least 30 days before the landlord begins to charge the tenant a portion of the cost of the utility.

2. The notice must state the amount of the rent reduction for the rental unit and the effective date of the reduction.

3. The notice must describe the method by which the tenant’s portion of the cost of the utility is being determined and must describe how the rent reduction is calculated. O. Reg. 394/10, s. 14 (1).

(2) Subsection (1) does not apply if, immediately before the date on which subsection 138 (1) of the Act comes into force, the landlord was charging the tenant a portion of the cost of the utility. O. Reg. 394/10, s. 14 (2).

Rent reduction re apportionment of utility cost — s. 138 (1) (b) of the Act

15. (1) The following rules apply with respect to the reduction in rent required by clause 138 (1) (b) of the Act if a tenant of a rental unit is to be charged a portion of the cost of a utility:

1. The landlord shall reduce the rent for the rental unit on the first day of the rental period which begins no later than the first day in respect of which the tenant is to be charged a portion of the cost of the utility.

2. The minimum amount of the reduction in rent must be determined in accordance with a method described in subsection (2) or (3).

3. The rules set out in paragraphs 1 and 2 do not apply with respect to a particular utility if, immediately before the date on which subsection 138 (1) of the Act comes into force, the landlord was charging any tenant in the building a portion of the cost of that utility. O. Reg. 394/10, s. 15 (1).

(2) If the portion of the utility cost to be charged to a tenant is based on the number of residential units in the building, the minimum amount of the reduction in rent for the tenant’s rental unit for a rental period is calculated using the formula,

in which,

“A” is the total cost of the utility for all of the residential units in the building and the related common areas for for the most recent 12-month period for which information is available preceding the date on which the notice required by clause 138 (1) (a) of the Act is given, excluding any penalties or charges related to late payment,

“B” is the number of residential units in the building, and

“C” is the number of rental periods in a 12-month period.

O. Reg. 394/10, s. 15 (2).

(3) If the portion of the utility cost to be charged to a tenant is based on the square footage of the tenant’s rental unit, the amount of the reduction in rent for the tenant’s rental unit for a rental period is calculated in accordance with the following rules:

1. Allocate to the tenant’s rental unit a portion of the annual utility cost for the building using the formula,

in which,

“A” has the same meaning as in subsection (2),

“D” is the square footage of the tenant’s rental unit, and

“E” is the total square footage of all residential units in the building.

2. Calculate the portion of the annual utility cost that is to be allocated to the rental unit for each rental period, using the formula,

in which,

“F” is the amount calculated under paragraph 1, and

“C” has the same meaning as in subsection (2).

3. The amount calculated under paragraph 2 is the amount of the rent reduction for the rental unit for a rental period. O. Reg. 394/10, s. 15 (3).

Information for prospective tenants — s. 138 (4) of the Act

16. (1) The information described in this section is the information that a landlord is required by subsection 138 (4) of the Act to provide to a prospective tenant if the landlord charges tenants a portion of the cost of a utility. O. Reg. 394/10, s. 16 (1).

(2) Paragraph 2 of subsection 138 (4) of the Act requires the landlord to give the prospective tenant information about the total cost of the utility for the building for the 12 most recent months for which the information is available to the landlord. O. Reg. 394/10, s. 16 (2).

Utility conservation and efficiency obligations of landlord — s. 138 (5) of the Act

17. (1) The rules set out in this section apply with respect to the landlord’s duties under subsection 138 (5) of the Act respecting utility conservation and efficiency obligations. O. Reg. 394/10, s. 17 (1).

(2) If the landlord charges any tenant in a building a portion of the cost of electricity, all refrigerators provided by the landlord for any of the rental units in the building must be manufactured on or after January 1, 1994. O. Reg. 394/10, s. 17 (2).

(3) If the landlord charges any tenant in a building a portion of the cost of electricity, all replacement refrigerators provided by the landlord for any of the rental units in the building must be manufactured on or after December 31, 2002. O. Reg. 394/10, s. 17 (3).

(4) If, on October 13, 2010, the landlord is charging any tenant in a building a portion of the cost of electricity, the rule set out in subsection (2) does not apply with respect to any rental unit in the building until two years after the date on which subsection 138 (5) of the Act comes into force. O. Reg. 394/10, s. 17 (4).

Tenant’s application for order re breach of landlord’s obligations — s. 138 (6) of the Act

18. The following are the circumstances in which a tenant or former tenant of a rental unit may apply under subsection 138 (6) of the Act for an order determining whether the landlord has breached an obligation under section 138 of the Act:

1. An application concerning a breach of subsection 138 (1) or (4) of the Act must be made within one year after the alleged breach first occurred.

2. There are no restrictions on the circumstances in which an application concerning a breach of subsection 138 (5) of the Act may be made. O. Reg. 394/10, s. 18.

Exemptions

Exemptions from obligation to reduce rent

19. (1) Clauses 137 (3) (c) and 138 (1) (b) of the Act do not apply with respect to any of the following rental units:

1. A rental unit located in a residential complex owned, operated or administered by or on behalf of the Ontario Mortgage and Housing Corporation, the Government of Canada or an agency of either of them, unless the tenant occupying the rental unit pays rent to a landlord other than the Ontario Mortgage and Housing Corporation, the Government of Canada or an agency of either of them.

2. A rental unit in a residential complex described in paragraph 1 whose ownership, operation or management is transferred under the Social Housing Reform Act, 2000 to a service manager or local housing corporation as defined in that Act, unless the tenant occupying the rental unit pays rent to a landlord other than a service manager or local housing corporation as defined in that Act or an agency of either of them.

3. A rental unit located in a non-profit housing project or other residential complex, if the non-profit housing project or other residential complex was developed or acquired under a federal, provincial or municipal program that is prescribed for the purposes of paragraph 3 of subsection 7 (1) of the Act and continues to operate under,

i. Part VI of the Social Housing Reform Act, 2000,

ii. an operating agreement, as defined in the Social Housing Reform Act, 2000, or

iii. an agreement made between a housing provider, as defined in the Social Housing Reform Act, 2000, and one or more of,

A. a municipality,

B. an agency of a municipality,

C. a non-profit corporation controlled by a municipality, if an object of the non-profit corporation is the provision of housing,

D. a local housing corporation, as defined in the Social Housing Reform Act, 2000, or

E. a service manager, as defined in the Social Housing Reform Act, 2000.

4. A rental unit that is a non-member unit of a non-profit housing co-operative.

5. A rental unit for which the tenant pays rent in an amount geared-to-income due to public funding.

6. A rental unit that was developed or acquired, and that continues to operate, under the Rural and Native Rental Housing Program established under the National Housing Act (Canada).

7. A rental unit that was developed or acquired under any of the following initiatives, if all of the circumstances set out in subsection (2) exist:

i. Canada-Ontario Affordable Housing Program — Rental and Supportive Housing.

ii. Canada-Ontario Affordable Housing Program — Northern Housing.

iii. Residential Rehabilitation Assistance Program.

iv. Supporting Communities Partnership Initiative.

v. Municipal capital facility by-laws for housing or other council-approved municipal housing programs. O. Reg. 394/10, s. 19 (1).

(2) The following are the circumstances that must exist in connection with a rental unit described in paragraph 7 of subsection (1) in order for the exemption from clauses 137 (3) (c) and 138 (1) (b) of the Act to apply for the unit:

1. The rental unit is subject to an agreement related to the provision of housing services between the landlord and one or more of,

i. a municipality,

ii. an agency of a municipality,

iii. a non-profit corporation controlled by a municipality, if an object of the non-profit corporation is the provision of housing,

iv. a local housing corporation, as defined in the Social Housing Reform Act, 2000, or

v. a service manager as defined in the Social Housing Reform Act, 2000.

2. The rental unit is identified as a subsidized unit that was developed or acquired under an initiative listed in subparagraphs 7 i to v of subsection (1), and as being subject to an agreement described in paragraph 1, in,

i. the tenancy agreement, or

ii. a written notice that was given by the landlord to the tenant, if the tenancy agreement was entered into before January 31, 2007.

3. The tenant, at the time the tenancy agreement was entered into, was on or was eligible to be on a social housing waiting list. O. Reg. 394/10, s. 19 (2).

20. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 394/10, s. 20.