O. Reg. 143/00: GENERAL

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ONTARIO REGULATION 143/00

made under the

TENANT PROTECTION ACT, 1997

Made: March 1, 2000
Filed: March 2, 2000

Amending O. Reg. 194/98

(General)

Note: Since the end of 1998, Ontario Regulation 194/98 has been amended by Ontario Regulation 76/00.  Previous amendments are listed in the Table of Regulations in the Statutes of Ontario, 1998.

1. Section 1 of Ontario Regulation 194/98 is amended by adding the following paragraphs:

7. If the Tribunal permits an application to be filed in an electronic format by electronic means, “sign” for the purposes of subsections 172 (1) and (2) and 173 (2) of the Act means to type one’s name on the application, and “signed” and “signs” have a corresponding meaning.

8. If the Tribunal permits an application to be filed in an electronic format by electronic means, “shall be accompanied by the prescribed information” in subsection 172 (1) of the Act shall be

interpreted as requiring the mailing, faxing or delivery of the prescribed information such that it is received by the Tribunal, or is deemed under the Act to have been given to the Tribunal, within five days following the day on which the application was filed electronically with the Tribunal.

9. In the Act, for greater certainty, “sublet” refers to the situation in which,

i. the tenant vacates the rental unit,

ii. the tenant gives one or more other persons the right to occupy the rental unit for a term ending on a specified date before the end of the tenant’s term or period, and

iii. the tenant has the right to resume occupancy of the rental unit on that specified date.

2. Subsection 17 (2) of the Regulation is amended by striking out “The factor for the purposes of subparagraph v of paragraph 5 of section 22, subparagraph iv of paragraph 6 of section 22, subparagraph iii of paragraph 1 of subsection 24 (1), subparagraph iii of paragraph 2 of subsection 24 (1), paragraph 2 of subsection 24 (2) and subparagraph ii of paragraph 1 of section 25 is” at the beginning and substituting “The factor for the purposes of subparagraph 5 v of section 22, subparagraph 6 iv of section 22, subparagraphs 1 v and 2 iii of subsection 24 (1), paragraph 4 of subsection 24 (2) and subparagraph 1 ii of section 25 is”.

3. (1) Subparagraphs 1 i.1, ii and iii of subsection 24 (1) of the Regulation are revoked and the following substituted:

ii. If municipal taxes and charges for a tax year are increased as a result of an appeal of a tax assessment, add to the base year costs for municipal taxes and charges the amount of the increase resulting from the appeal.

iii. If a tax notice respecting the reference year municipal taxes and charges is issued on or after December 1 of the base year,

A. add to the base year costs for municipal taxes and charges the amount, if any, by which the reference year municipal taxes and charges exceed the municipal taxes and charges for the year preceding the reference year, and

B. if the reference year municipal taxes and charges are increased as a result of an appeal of a tax assessment, the amount of the increase resulting from the appeal,

1. shall be included in determining the amount by which the reference year municipal taxes and charges exceed the municipal taxes and charges for the year preceding the reference year for the purpose of sub–subparagraph A, and

2. shall not be added under subparagraph ii.

iv. Subtract the reference year costs for municipal taxes and charges, as adjusted under subparagraph i, from the base year costs for municipal taxes and charges, as adjusted under subparagraphs ii and iii.

v. Multiply the amount determined in subparagraph iv by the factor determined under subsection 17 (2).

(2) Paragraphs 1, 1.1 and 2 of subsection 24 (2) of the Regulation are revoked and the following substituted:

1. If municipal taxes and charges for a tax year are increased as a result of an appeal of a tax assessment, add to the base year costs for municipal taxes and charges the amount of the increase resulting from the appeal.

2. If a tax notice respecting the reference year municipal taxes and charges is issued on or after December 1 of the base year,

i. add to the base year costs for municipal taxes and charges the amount, if any, by which the reference year municipal taxes and charges exceed the municipal taxes and charges for the year preceding the reference year, and

ii. if the reference year municipal taxes and charges are increased as a result of an appeal of a tax assessment, the amount of the increase resulting from the appeal,

A. shall be included in determining the amount by which the reference year municipal taxes and charges exceed the municipal taxes and charges for the year preceding the reference year for the purpose of subparagraph i, and

B. shall not be added under paragraph 1.

3. Subtract the reference year costs for municipal taxes and charges from the base year costs for municipal taxes and charges, as adjusted under paragraphs 1 and 2.

4. Multiply the amount determined under paragraph 3 by the factor determined under subsection 17 (2).

(3) Subsection 24 (3) of the Regulation is revoked and the following substituted:

(3)  An increase in municipal taxes and charges as a result of an appeal of a tax assessment shall not be considered under subparagraph 1 ii or iii of subsection (1) or paragraph 1 or 2 of subsection (2) if,

(a) the increase is for a tax year before 1996; or

(b) the application for the rent increase was filed more than 12 months after the decision on the appeal was issued.

4. Section 28.2 of the Regulation is amended by adding the following subsection:

(2) Despite subsection (1), if the lawful rent for the rental units in a residential complex is reduced under subsection 136 (1) of the Act as a result of the 1997 municipal property tax for the complex exceeding the 1998 municipal property tax for the complex by more than the percentage prescribed in subsection 28.1 (1), the prescribed date on which the rent reduction takes effect for a rental unit for the purposes of subsection 136 (2) of the Act is May 31, 1999 if,

(a) the tax notice effecting the reduction in the 1998 municipal property tax for the residential complex by more than the prescribed percentage is issued on or after December 1, 1999; and

(b) the tenant, former tenant, prospective tenant or subtenant of the rental unit has not applied to the Tribunal under section 144 of the Act on or before December 30, 1999 for an order for the repayment of any rent paid in excess of the amount to which the lawful rent is reduced under subsection 136 (1) of the Act.

5. Subsection 28.4 (2) of the Regulation is revoked and the following substituted:

(2) An application referred to in subsection (1) shall be made,

(a) if a notice of rent reduction is required under subsection 136 (3) of the Act, on or before the later of,

(i) the ninetieth day following the day on which the notice of rent reduction is issued, and

(ii) March 31 of the year following the year in which the rent reduction takes effect; and

(b) if a notice of rent reduction is not required under subsection 136 (3) of the Act, on or before the later of,

(i) the ninetieth day following the day on which the tax notice effecting the reduction in the municipal property tax and forming the basis of the rent reduction is issued, and

(ii) March 31 of the year following the year in which the rent reduction takes effect.

(3) Despite subsection (2), an application referred to in subsection (1) shall be made on or before May 31, 2000, if the rent reduction sought to be varied is based on,

(a) a reduction in the 1998 municipal property tax effected by a tax notice issued on or after December 1, 1999; or

(b) a reduction in the 1999 municipal property tax.

6. (1) The definition of “adjusted costs” in subsection 31 (1) of the Regulation is revoked.

(2) Section 31 of the Regulation is amended by adding the following subsection:

(1.1) For the purpose of this section, the adjusted costs for municipal taxes and charges for the base year shall be calculated in the following manner:

1. If municipal taxes and charges for a tax year are decreased as a result of an appeal of a tax assessment, subtract from the base year costs for municipal taxes and charges the amount of the decrease resulting from the appeal.

2. If a tax notice respecting the reference year municipal taxes and charges is issued on or after December 1 of the base year,

i. subtract from the base year costs for municipal taxes and charges the amount, if any, by which the municipal taxes and charges for the year preceding the reference year exceed the reference year municipal taxes and charges, and

ii. if the reference year municipal taxes and charges are decreased as a result of an appeal of a tax assessment, the amount of the decrease resulting from the appeal,

A. shall be taken into account in determining the amount by which the municipal taxes and charges for the year preceding the reference year exceed the reference year municipal taxes and charges for the purpose of subparagraph i, and

B. shall not be subtracted under paragraph 1.

3. A decrease in municipal taxes and charges as a result of an appeal of a tax assessment shall not be considered under paragraph 1 or 2 if,

i. the decrease is for a tax year before 1996, or

ii. the application for the rent reduction was filed more than 12 months after the decision on the appeal was issued.

(3) Subsections 31 (4.1) and (4.2) of the Regulation are revoked.

 

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