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ontario regulation 562/17

made under the

Residential Tenancies Act, 2006

Made: December 13, 2017
Filed: December 19, 2017
Published on e-Laws: December 19, 2017
Printed in The Ontario Gazette: January 6, 2018

Amending O. Reg. 516/06

(GENERAL)

1. (1) Section 17 of Ontario Regulation 516/06 is amended by striking out “section 134” in the portion before paragraph 1 and substituting “subsections 134 (1) and (3)”.

(2) Paragraph 6 of section 17 of the Regulation is amended by striking out “tenant or subtenant” and substituting “tenant, former tenant, subtenant or former subtenant”.

2. (1) Clause (b) of the definition of “base year” in subsection 19 (1) of the Regulation is amended by striking out “due to an extraordinary increase in the cost for utilities or”.

(2) Subsection 19 (2) of the Regulation is amended by striking out “for an extraordinary increase in costs for utilities or”.

3. Subsection 21 (1) of the Regulation is amended by striking out “subsection 29 (2), paragraph 3 of subsection 29 (3) and paragraph 2 of subsection 30 (2)” and substituting “subsection 29 (2) and paragraph 2 of subsection 30 (2)”.

4. Paragraph 1 of subsection 22 (1) of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:

1. If the application is based on an extraordinary increase in the cost for municipal taxes and charges,

. . . . .

5. (1) Clause 24 (1) (a) of the Regulation is amended by striking out “but not in respect of operating costs for utilities” at the end.

(2) Clause 24 (1) (a.1) of the Regulation is revoked.

(3) Subsection 24 (1.2) of the Regulation is revoked.

(4) The definition of “carbon costs” in subsection 24 (4) of the Regulation is revoked.

6. (1) Subsection 28 (1) of the Regulation is amended by striking out “cost of municipal taxes and charges or utilities” and substituting “cost for municipal taxes and charges”.

(2) Subsection 28 (3) of the Regulation is amended by striking out “cost of municipal taxes and charges or utilities” and substituting “cost for municipal taxes and charges”.

7. (1) Subsection 29 (1) of the Regulation is amended by striking out “or utilities or both” at the end.

(2) Subsection 29 (2) of the Regulation is amended by striking out “Subject to subsection (4), the amount” at the beginning and substituting “The amount”.

(3) Subsections 29 (3) and (4) of the Regulation are revoked.

(4) Subsection 29 (5) of the Regulation is amended by striking out “subsections (2), (3) and (4)” and substituting “subsection (2)”.

8. (1) Paragraph 1 of section 31 of the Regulation is amended by striking out “subsection 29 (2), subsection 29 (3) and section 30” and substituting “subsection 29 (2)  and section 30”.

(2) Paragraph 4 of section 31 of the Regulation is amended by striking out “Subject to paragraph 5, add” at the beginning and substituting “Add”.

(3) Paragraph 5 of section 31 of the Regulation is revoked.

9. Subsection 33 (4) of the Regulation is amended by striking out “or utilities or both”.

10. (1) Paragraph 3 of section 34 of the Regulation is revoked and the following substituted:

3. In the case of an order issued by the Board on an application made under subsection 126 (1) of the Act before January 1, 2018, if the increase taken by the landlord was greater than the sum of the percentages set out in the order for municipal taxes and charges and for eligible capital expenditures, the balance of the increase shall be deemed to have been taken for utilities, up to the percentage set out in the order for utilities.

(2) Paragraph 4 of section 34 of the Regulation is amended by striking out “and for utilities” and substituting “and, if applicable, for utilities”.

11. Subsection 35 (1) of the Regulation is amended by striking out “If the Board” at the beginning and substituting “If, on an application made under subsection 126 (1) of the Act before January 1, 2018, the Board”.

12. Section 63 of the Regulation is revoked and the following substituted:

Transition, s. 12 of the Rental Fairness Act, 2017

63. (1) A notice of termination may be given under section 68 of the Act, as it reads on or after January 1, 2018, with respect to a previous notice of termination mentioned in clause 68 (1) (a) which was given to the tenant before that date, and an activity, conduct or situation mentioned in clause 68 (1) (b) which took place, occurred or arose before that date, if,

(a) all the requirements of section 68, as it reads on or after January 1, 2018, are met; and

(b) the landlord did not give a notice of termination under section 68 with respect to that activity, conduct or situation before January 1, 2018.

(2) A notice of termination may be given under section 68 of the Act, as it reads on or after January 1, 2018, with respect to a previous notice of termination mentioned in clause 68 (1) (a) which was given to the tenant before that date, and an activity, conduct or situation mentioned in clause 68 (1) (b) which takes place, occurs or arises on or after that date, if all the requirements of section 68, as it reads on or after January 1, 2018, are met.

(3) Subsections (1) and (2) apply regardless of whether or not the previous notice of termination referred to in those subsections has become void as a result of the tenant’s compliance with the terms of the notice.

(4) For greater certainty, this section does not affect a notice of termination given under section 68 before January 1, 2018.

Transition, s. 18 of the Rental Fairness Act, 2017

64. (1) A notice of termination may be given under paragraph 11 of subsection 94.2 (1) of the Act, as it reads on or after January 1, 2018, with respect to a previous notice of termination mentioned in that paragraph which was given to the member before that date, and an activity, conduct or situation mentioned in that paragraph which took place, occurred or arose before that date, if,  

(a) all the requirements of section 94.2, as it reads on or after January 1, 2018, are met; and

(b) the co-operative did not give a notice of termination under paragraph 11 of subsection 94.2 (1) with respect to that activity, conduct or situation before January 1, 2018.

(2) A notice of termination may be given under paragraph 11 of subsection 94.2 (1) of the Act, as it reads on or after January 1, 2018, with respect to a previous notice of termination mentioned in that paragraph which was given to the member before that date, and an activity, conduct or situation mentioned in that paragraph which takes place, occurs or arises on or after that date, if all the requirements of section 94.2, as it reads on or after January 1, 2018, are met.

(3) Subsections (1) and (2) apply regardless of whether or not the previous notice of termination referred to in those subsections has become void as a result of the member’s compliance with the terms of the notice.

(4) For greater certainty, this section does not affect a notice of termination given under paragraph 11 of subsection 94.2 (1) before January 1, 2018.

Commencement

13. This Regulation comes into force on the later of January 1, 2018 and the day it is filed.

 

 

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