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O. Reg. 204/00: GENERAL
filed March 23, 2000 under Tenant Protection Act, 1997, S.O. 1997, c. 24
Skip to contentONTARIO REGULATION 204/00
made under the
tenant protection act, 1997
Made: March 21, 2000
Filed: March 23, 2000
Amending O. Reg. 194/98
(General)
Note: Since the end of 1998, Ontario Regulation 194/98 has been amended by Ontario Regulations 76/00 and 143/00. Previous amendments are listed in the Table of Regulations in the Statutes of Ontario, 1998.
1. (1) Subparagraph 1 iii of subsection 24 (1) of Ontario Regulation 194/98 is amended by striking out the portion before sub–subparagraph A and substituting the following:
iii. If a tax notice respecting the reference year municipal taxes and charges is issued on or after November 1 in the base year,
. . . . .
(2) Paragraph 2 of subsection 24 (2) of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:
2. If a tax notice respecting the reference year municipal taxes and charges is issued on or after November 1 in the base year,
. . . . .
2. Subsection 28.2 (2) of the Regulation is revoked and the following substituted:
(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 in the complex 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 November 1, 1999; or
(b) a notice of the rent reduction is required to be given under subsection 136 (3) of the Act, and the notice of rent reduction is given to the tenant of the rental unit on or after November 1, 1999.
(3) Subsection (2) does not apply if the tenant, former tenant, prospective tenant or subtenant of the rental unit has 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.
3. Subsections 28.4 (2) and (3) of the Regulation are revoked and the following substituted:
(2) An application referred to in subsection (1) shall be made,
(a) if a notice of the rent reduction is required to be given under subsection 136 (3) of the Act, on or before the later of,
(i) the ninetieth day following the day on which the person who will be the applicant is given the notice of rent reduction, and
(ii) March 31 in the year following the year in which the rent reduction takes effect;
(b) if a notice of the rent reduction is not required to be given 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 in the year following the year in which the rent reduction takes effect.
(3) Despite subsection (2), an application referred to in subsection (1) for an order varying a rent reduction resulting from a reduction in the 1998 municipal property tax shall be made on or before May 30, 2000 if,
(a) the tax notice effecting the reduction in the 1998 municipal property tax and forming the basis of the rent reduction is issued on or after November 1, 1999; or
(b) a notice of the rent reduction is required to be given under subsection 136 (3) of the Act, and the person who will be the applicant is given the notice of rent reduction on or after November 1, 1999.
(4) Despite subsection (2), an application referred to in subsection (1) for an order varying a rent reduction resulting from a reduction in the 1999 municipal property tax shall be made,
(a) if a notice of the rent reduction is required to be given under subsection 136 (3) of the Act, on or before the later of,
(i) the ninetieth day following the day on which the person who will be the applicant is given the notice of rent reduction, and
(ii) May 30, 2000;
(b) if a notice of the rent reduction is not required to be given 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 1999 municipal property tax and forming the basis of the rent reduction is issued, and
(ii) May 30, 2000.
4. Paragraph 2 of subsection 31 (1.1) of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:
2. If a tax notice respecting the reference year municipal taxes and charges is issued on or after November 1 in the base year,
. . . . .