c 3 The Residential Premises Rent Review Amendment Act, 1977

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1 Ontario: Annual Statutes 1977 c 3 The Residential Premises Rent Review Amendment Act, 1977 Ontario Queen's Printer for Ontario, 1977 Follow this and additional works at: Bibliographic Citation The Residential Premises Rent Review Amendment Act, 1977, SO 1977, c 3 Repository Citation Ontario (1977) "c 3 The Residential Premises Rent Review Amendment Act, 1977," Ontario: Annual Statutes: Vol. 1977, Article 5. Available at: This Statutes is brought to you for free and open access by the Statutes at Osgoode Digital Commons. It has been accepted for inclusion in Ontario: Annual Statutes by an authorized administrator of Osgoode Digital Commons.

2 1977 l<ej\'t REVIEW Chap. 3 5 CHAPTER 3 An Act to amend The Residential Premises Rent Review Act, 1975 (2nd Session) Assented to April 29th, 1977 HER :\[AJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as fo llows: 1.-(1) Subsection I oi section 5 of Tht Residential Premises Ncnt ~e~:~~cted N cvicw A ct, (2nd Session), being chapter 12, is repealed and the following substituted therefor: (1) Subject to subsection 2 and except as provided in sub- Maxi!lltutmd perm1 e section 3, notwithstanding the terms of any tenancy agree- mcrease. 1nrent ment, no landlord shall charge a tenant for any rental penod an amount of rent that, when computed on a monthly basis, exceeds t he last rent that was lawfully charged for an equivalent rental period for residential premises by the lesser of 8 per cent or the rate of increase for compensation allowed under the Basic Protection Factor and National Productivity Factor as outlined in Part 4 of the Anti-Inflation Guidelines or such lesser percentage amount as may be determined by the Lieutenant Governor in Council. (2) Subsection 2 of the said section 5, as amended by the ~e~e(~~cted Statutes of Ontario, 1976, chapter 36, section 2, is repealed and the following substituted therefor: (2) :N"otwithshnding mything in this Act no landlord -.,hall " 0 increase..i.. r r,. wtthin a charge and no order shall authorize an increase in the rent year for residential premises to take effect within one year after the effective date oi the latest preceding increase in the rent for the premises, and where rent is charged in contravention of this subsection or clause a of subsection 2 of section 20, in addition to any other penalty arising therefrom. the tenant is not liable to pay the amount of the increase. (3) Subsection 2a of the said section 5, as enacted by the ~e~~~'n(i Statutes of Ontario, 1976, chapter 36, section 2, is repealed.

3 Chap. -~ HENT HEVJEW 1977 ~ ~ t3 ~. n~ t'll.ll' l''d,'\pr.ii 11tlu11 by.111dlonl fl)i' -n... rt>l\tit~ 1n n nt. ' 5,. (.i) Subsection 3 of the said section 5, as amended by the Statutes of Ontario, I 976, chapter 2, section 2 and 1976, chapter 36. s<'ction 2. is repealed and the following substituted therefor (3) Subject to subsection 2, where a landlord is of the opinion that increased operating costs and capital expenses that he bas experienced, or anticipates on reasonable grounds that he will experience in respect of residential premises or the building or project in which they are situate will exceed the increase in rent permitted under subsection 1 and therefore desires an additional increase in the rent for the residential premises for a rental payment period. he may, at least sixty days before the commencement or renewal of the tenancy agreement to which the increase would apply, apply in the form and manner prescribed by the regulations to the Rent Review Officer for the region in which the premises are situate for approval of the rent increase applied for and shall, at the same time, also give a copy of his application for increase to the tenant of the residential premises. (5) Subsection 4 of the said section 5, as amended by the Statutes of Ontario, 1976, chapter 2, section 2 and 1976, chapter 36, section 2, is repealed and the following substituted therefor: (4) Subject to subsection 2, where a tenant who ha.-; entered in to a tenancy agreement granting 0<:cupancy or renewal of occupancy of residential premises for any period wishes to dispute the amount of a rent increase, other than a rent increase that has been approved by a Rent Review Officer or the Board, and whether or not such increase is within the limits set out in subsection 1, he may, not later than sixty days after he receives notice of the increase, give notice to the Landlord in the form prescribed by the regulations requiring the landlord to apply to the Rent Review Officer for the region in which the premises are situate to justify the increase and shall, at the same time, file a copy of the notice with the Rent Review Officer. s. 5 (51 (aj. (6) Clause a of subsection 5 of the said section 5, as amended by the Statutes of Ontario, 1976, chapter 36, section 2, is repealed and the following substituted therefor: (a ) reduce the rent increase to an amount agreed upon by himself and the tenant, but the amount of the increase shall not exceed the limits set out in subsection 1 or 2; or

4 19/i RE:-;T REVIEW Chap. 3 (7) Subsection 11 of the said section 5 is amended bv strikings. 5 (l~r.. amen"c" out "within the current rent review period under subsection 1 or 2" in the seventh and eighth lines Section 6 of the said Act is repealed and the following -;u b- ~c~enacted stituted therefor: 6. At the time of the g1vmg of a notice of rent increase ;.',,~~;~s 0 for under The Landlord and Tenant A ct, the landlord seeking the rent increase increase shall, at the same time, supply the tenant receiving :;~f 1970 the same 'vith written reasons for the increase. 3. Section 7 of the said Act, as amended b\' the Statutes of Ontario chapter 36, section 3, is fu;ther amended bv adding thereto the following sub~ection: s. 7. amethled (3a) At or prior to the commencement of any hearing, d~~~~,rotlce the Rent Revie'' Officer shall satisf\ himself about the propel"ly su ffi c1ency. o f any notices. un d er su b section. I o f section. 1 b - given R.s.o of Thr Landlord and T rnant A ct or under section 6 of this c. 236 Act and no order of the Rent Revie" Officer shall be effecti \'e unless the notice~ as required are sufficient. -l. Section 8 of the said Act. as amended by the Statutes of ~e~~nacted Ontario, 1976, chapter 36. section 4, is repealed and the following substituted therefor: 8. Until such time as the Rent Review Officer or Boan!Rent chaq,:cable renders his or its decision, a rent increase up to tlw limit:-:.pen<11ng impose d b \' su b sect10ns 1 and 2 o f section - decision.j mav be chargedofrent ' Review and collected by the landlord. Officer or Boartl ;>. Section 9 of the said Act is amended by adding at the end ~,;;-ended thereof "except for the purposes of applying subsection 2 of,.;ection S' '. G. The said Act JS amended by adding thereto the follo\\'ing~n~gied section: 1 la. The Rent Review Officer in respect of anv pending Furnishi':lg ~ lnformat1on apphcat10n under this Act shall request, m \\'ntmg, that the landlord furnish him \\'ith writtrn particular,.; ao- arc ;wailable to the landlord of rents and rental agrcemenb in effect on or after the 1st day of January, 197.J., pertaining to residential premi~e,; in the building relating to each application and the

5 Chap J trnnt RE VIE\\' 1977 bndlord shall furnish the Rent Review Officer m writing with the part ic11lars requested arnt!l\tll~d 7. (1) Section 13 of the said Act is amended by adding thereto the following subsection : ;\pplit-1\tlon for l<'in 1 to app;>.d (la) :\otwithstanding that a person ciicl not appear at a hearing held by a Rent Review Officer, he may apply in writing to the Board for permission to appeal, and the Board may in its discretion permit him to appeal upon such terms and conditions as it considers just.. 13 \21, (2) Subsection 2 of the said section 13 1s repealed and the following su hsti t uted therefor: :\otlce of appeal (2) An appeal to the Board shall be by notice in writing in the prescribed form filed with the lloard within twenty-one days after the date of the order of the Rent Review Officer and a copy of the notice shall be given, (a) to the landlord 'vhere the appeal is by a tenant; and (b) to the tenant of each residential premises in respect of which the appeal is brought where the appeal is by a landlord, not later than seven days after the notir.e of appeal is filed with the Board.. 13 (5), Decision final subject to subs. 7 (3) Subsection 5 of the said section 13 is repealed and the following substituted therefor: (5) The decision of the Board under subsection 4 is final and not subject to appeal except where the Board decides to rehear an appeal pursuant to subsection 7. s. 13 (6), (4) Subsection 6 of the said section 13 is repealed and the following substituted therefor: (6) Subsection 4 of section 7 applies mutatis mutandis to an order or decision of the Board made under subsection 4 or 7 of this section, and if the order or decision of the Board varies an order of the Rent Review Officer or of the Board that has previously been filed under subsection 4 of section 7, or under this subsection, the order previously fllecl as so varied may be enforced in the same manner as the original order.

6 1977 RENT 1\EVIEW Chap. 3 9 (SJ The said section 13 is further amended by adding thereto : 1 ~~-mled the following subsection: (7) Notwithstanding subser.tion 5, the Board mav, \Vithin Board h ~ may re ear 30 days after making an order, decide on its O\Vn motion to appeal rehear an appeal where in its opinion there has been a serious error, and at such rehearing, the Board may confirm, rescind, amend or replace any der.ision or order previously made, and this decision of the Board is final and not subject to appeal. 8.--{1) Clause a of subsection 1 of ser.tion 15 of the said :\ct is ~~~~ 1 J~ai. amended by striking out "2" in the second line and ino>erting in lieu thereof "1 ". (2) Subsection 1 of the said section 15 is amended by adding!,~~~ 1 ded thereto the following clause: (aa) requiring the payment of fees and prescribing the amounts thereof. 9. Clause b of subsection 1 of section 16 of the said Act, as ~'~~~ 1 J~gi. amended by the Statutes of Ontario, 1976, chapter 36, section 6, exclusive of the subclauses, is repealed and the following substituted therefor: (b) to a tenant is sufficiently given if delivered personally to the tenant, but, where the notice or application cannot be given bv reason of the tenant's absence from his premises o-r by reason of his evading service, or where the tenant has apparently abandoned the premises, the notice or application may be given, 10. Section 17 of the said Act, as amended by the Statuteo- of ~;,:~iiacted Ontario, 1976, chapter 36, section 7, is repealed and the following substituted therefor: 17.- (1) Every person who, Penalties (a) contravenes or attempts to contravene sf'ction 4-, subsection 1 or 2 of section 5, section IO, or clauc.;e a of subsection 2 of section 20; (b) refuses to furnish in formation requested under ~ection I la or refuses to file information as required bv subsection 10 of section 5; (c) knowingly furnishes false information in any application under this Act or regulations or in anv state-

7 10 Chap 3 RENT REVIEW 1977 nwnt of particulars or forms required to be furnished or filed under this Act or regulations; (d) collects more than the maximum rent chargeable under an order of a Rent Review Officer or the Board; or (c) refuses to file an application for rent revie\v when so ordered by a Rent l{eview Officer under subsection 11 of section 5, and every director or officer of a corporation who knowingly concurs in such contravention or collection is guilty of an offence and on summary conviction is liable to a fine of not more than $2,000. Idem (2) Where a corporation is convicted of an offence under subsection 1, the maximum penalty that may be imposed upon the corporation is $25,000 and not as provided therein. s 20. amended amended Idem I I. -(1) Section 20 of the said Act is amended by striking out "and is repealed on the 1st day of August, 1977" in the fifth line and inserting in lieu thereof "and is repealed on the 31st day of December, 1978". (2) The said section 20 is further amended by adding thereto the following subsection: (2) )iotwithstanding subsection 1, (a) where there has been an increase in rent for residential premises charged to take effect after the 31st day of December, 1977, and on or before the 31st day of December, 1978, the landlord shall not charge and no order shall authorize any further increase in rent for the premises to take effect within twelve months after the said increase took effect and this Act continues in force for the purpose of the implementation and enforcement of this clause; an<l (b) this Act continues in force for the purpose of, (i) hearing and making orders in respect of applications and appeals filed on or before the 31st day of December, 1978, relating to a rental period commencing on or before that date, and (ii) enforcing orders made under this Act.

8 1977 RE~lT REVIEW Chap This Act comes into force on the day it receives Royal Assent. ~~:~~nencet 3. This Act may be cited as The Residential Premises Rent Review Short uuc Amendment llct, 1977.

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