Skip to main content
The Residential Rent Regulation Act
This is an unofficial archived version of The Residential Rent Regulation Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. R118

The Residential Rent Regulation Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions.

1

In this Act

"Coordinator of Appeals" means the person appointed under subsection 4(1) as Coordinator of Appeals; ("coordonnateur des appels")

"director" means the person appointed under subsection 3(2) as Director of The Rent Regulation Bureau; ("directeur")

"landlord" includes the owner, or other person permitting occupancy of residential premises and his heirs, assigns, personal representatives and successors in title and a person, other than a tenant occupying the residential premises, who is entitled to possession of the residential premises and who attempts to enforce any of the rights of a landlord under a tenancy agreement or under the law, including the right to collect rent; ("locateur")

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act: ("ministre")

"panel" means a rent appeal panel established under this Act; ("jury")

"party" where used to refer to a party to an application, objection, appeal or proceeding under this Act that relates to residential premises, means

(a) the landlord of the residential premises at the time the application or objection is made or the appeal or proceeding is initiated and any heir, assigns, personal representative or successor who acquires the right, title or interest of that landlord before the final determination of the application, objection, appeal or proceeding,

(b) the tenant of the residential premises at the time to which the application, objection, appeal or proceeding relates, and

(c) any person who the director or the rent regulation officer or the panel considering the application or objection or an appeal relating thereto or before or by whom the proceeding is taken or initiated, determines in his or its absolute discretion should receive notice of the application, objection, appeal or proceeding; ("partie")

"rent" includes any amount paid or given by or on behalf of a tenant as consideration for occupancy of residential premises and for any service, privilege, accommodation or thing that the landlord provides or grants to or for the tenant whether or not a separate charge is made for the service, privilege, accommodation or thing; ("loyer")

"rental payment period" means

(a) one month, or

(b) where the intervals at the beginning or end of each of which rent is payable for the residential premises are less than one month, the length of those intervals; ("terme")

"rent regulation officer" means any person employed by the government for the purpose of carrying out the duties and functions assigned to a rent regulation officer under this Act: ("agent de contrôle du lover")

"residential premises" means

(a) premises including parking accommodation rented and used for residential purposes, or

(b) land rented as a site for a mobile home in a permanent mobile home park or a mobile home situated in a permanent mobile home park or both,

but does not include premises occupied for business or farming purposes with living accommodation included and rented under a single tenancy agreement with no separate rent charged therefor: ("local d'habitation")

"tenancy agreement" means an agreement between a landlord and a tenant for possession of residential premises whether written, oral or implied; ("convention de location")

"tenant" includes lessee, occupant, sub-tenant, under tenant and his or their assigns and legal representatives. ("locataire")

Application of Act.

2(1)

Except as otherwise provided in this Act, this Act applies to all residential premises in Manitoba

(a) notwithstanding any agreement or waiver to contrary entered into or given before or after the coming into force of this Act;

(b) notwithstanding that litigation is pending related to the residential premises, or to the landlords and tenants thereof, or to tenancy agreements in respect thereof, or to any increase in rents therefor, or the validity or enforceability of any proceedings, decisions or awards in respect of the tenancy agreements or the fixing or varying of rents for the residential premises; and

(c) notwithstanding any judgment or decision of a court rendered before the coming into force of this Act, in respect of any proceedings relating to the increase or fixing of rent for the residential premises.

Exemptions.

2(2)

This Act, except subsections 5(1). 5(3), 17(3) and 17(4) and sections 6 and 36, does not apply

(a) for a period of five years after the date of issue of the first occupancy permit in respect thereof, to new residential premises in respect of which the first occupancy permit was or is issued on or after January 1, 1978; or

(b) where a panel has approved the rehabilitation of a building for the purpose of this clause, to residential premises in the building or a part of the building, as may be specified in an order of a panel granting an exemption under this clause in respect of the building or the part of the building, for such period as may have been fixed under subsection 33(3) in respect of the building or that part of the building; or

(c) where no occupancy permit was issued in . respect of any premises in the building or where an occupancy permit was issued after the date on which any premises in the building were first occupied by a tenant, for a period of five years after the date of the first occupancy thereof by a tenant, to all residential premises in the building in respect of which the first occupancy by a tenant of any premises in the building occurred on or after January 1, 1978.

Further exemptions.

2(3)

This Act does not apply

(a) to residential premises that are situated in a hotel or motel; or

(b) to residential premises that are used only on a seasonal basis or only as a vacation residence;

or

(c) to residential premises in which the landlord provides both room and board for the tenant in premises which the tenant occupies; or

(d) to residential premises that are exempted or to residential premises of a class that is exempted under the regulations from application of all or part of the provisions of this Act to the extent that the exemption is provided under the regulations.

PART I

ADMINISTRATION

Continuation of bureau.

3(1)

The Rent Regulation Bureau is continued in a department of the executive government of the province.

Designation of director.

3(2)

The bureau shall be under the direction and control of the minister who shall appoint a person from within the department in which the bureau is established as Director of The Rent Regulation Bureau and for the purposes of this Act the director is a rent regulation officer.

Deputy Director.

3(3)

The minister may appoint one or more persons from within the department as deputies to the director and each deputy so appointed has the authority and duties of the director and may act for or in the place of the director and for purposes of this Act each deputy so appointed is a rent regulation officer.

Responsibilities of director.

3(4)

The director is responsible

(a) for the proper administration of this Act other than the duties, functions and authority specifically imposed upon or given to the Coordinator of Appeals:

(b) for the conduct of investigations as he deems necessary where he has reason to believe that a landlord has increased or is attempting to increase rent contrary to this Act or is collecting or attempting to collect rent that has been increased contrary to this Act; and

(c) for obtaining and compiling information in respect of rent increases, rent levels and any other matters affecting rents and the submission of a report thereon to the minister at his request.

Designation of Coordinator of Appeals.

4(1)

The minister shall appoint a person from within the department in which the bureau is established as Coordinator of Appeals.

Deputy Coordinator of Appeals.

4(2)

The minister may appoint one or more persons from within the department in which the bureau is established as deputies to the Coordinator of Appeals and each deputy so appointed has the authority and duties of the Coordinator of Appeals and may act for or in the place of the Coordinator of Appeals.

Responsibility of Coordinator of Appeals.

4(3)

The Coordinator of Appeals is responsible

(a) for the selection of panels and the referral or assignment of appeals and proceedings to panels;

(b) for the provision of staff and facilities for panels so that they may function properly; and

(c) for the recording and communication to parties of the decisions, determinations and orders by panels.

Information re rents.

5(1)

The director or any person authorized by him for the purpose or a rent regulation officer or a panel, may request from a landlord or tenant information relating to rent increases, rent levels and other matters affecting rents for residential premises, and in that case the landlord or tenant, as the case may be, shall provide the information forthwith.

Information for applications, etc.

5(2)

For the purposes of an application, objection, appeal, proceeding or investigation under this Act, the director or any person authorized by him for the purpose, or a rent regulation officer, or a panel or a person authorized by a panel for the purpose, shall have access, during reasonable hours, to documents, files, correspondence, accounts and records relevant to the residential premises that are the subject of the application, objection, appeal, proceeding or investigation and may make copies thereof or take extracts therefrom.

Order for delivery of documents, etc.

5(3)

The director or any person authorized by the director for the purpose, or a rent regulation officer, or a panel or any person authorized by a panel for the purpose, may apply to a justice for an order

(a) requiring a landlord or tenant to deliver to the director, rent regulation officer or panel, any document, correspondence or record of the landlord or tenant respecting residential premises to which this Act applies; and

(b) authorizing the director or any person authorized by the director for the purpose, or the rent regulation officer, or the panel or any person authorized by the panel for the purpose, to make copies thereof or take extracts therefrom;

and the justice, if satisfied that it is reasonable and necessary for the administration of this Act to grant such an order, may grant the order.

Authority for access.

6

The director or any person authorized by the director for the purpose, or a rent regulation officer, or a panel or any person authorized by a panel for the purpose, may apply to a justice for an order requiring the landlord and any occupant or custodian of residential premises to which an application, objection, appeal, proceeding or investigation under this Act relates, or of the building or property in or on which the residential premises are situated, to permit the director, rent regulation officer, panel or person, as the case may be, to enter the residential premises, building or property for the purpose of conducting an inspection or taking measurements or pictures, and the justice, if satisfied that it is reasonable and necessary for the administration of this Act to grant such an order, may grant the order.

Information confidential.

7(1)

Except for a report to the minister, or for the purposes of a prosecution under this Act, or in any court proceedings, or for the purpose of the administration and enforcement of this Act, no person shall

(a) knowingly communicate, or allow to be communicated, to any person, any information obtained under this Act by or on behalf of the director, the Coordinator of Appeals, a rent regulation officer or a panel; or

(b) knowingly allow any person to inspect, or to have access to, any copy of any document, file, correspondence, account or record obtained under this Act by or on behalf of the director, the Coordinator of Appeals, a rent regulation officer or a panel.

Release of information.

7(2)

Subsection (1) does not prohibit

(a) the communication by any person of any information with the consent of the person to whom that information relates; or

(b) the release or publication by any person, with the consent of the owner, of any book, record, document, file, correspondence, or other record, or a copy thereof; or

(c) the release or publication by the director of documents or reports indicating statistical information that does not identify specific tenants or landlords.

List of panel members.

8(1)

The Lieutenant Governor in Council shall approve a list of names of persons to act as members of rent appeal panels for the purposes of this Act and may from time to time add names to the list or strike names from the list.

Appointment of panels.

8(2)

From time to time, as the need arises, the Coordinator of Appeals shall

(a) appoint one, three or five persons whose names are on the list approved under subsection (1) as members of a rent appeal panel ; and

(b) where the panel consists of three or five persons, designate one of the persons appointed as presiding member of the panel, and the person so designated shall vote equally with the other members.

Remuneration of panel members.

8(3)

The members of a panel may be paid such remuneration and expenses as may be authorized by the Lieutenant Governor in Council.

Oath of Panel members.

8(4)

Each person whose name is on the list approved under subsection (1) shall, before being appointed to a panel, take and subscribe before a person authorized to administer oaths and affirmations for use in the province, and file with the director, an oath or affirmation in the following form:

I , do solemnly swear (or affirm) that I will faithfully, truly, impartially and to the best of my knowledge, skill and ability, perform, the duties of a member of any panel to which I may be appointed under section 8 of The Residential Rent Regulation Act. So help me God. (Omit last four words where person affirms).

Duties of panels.

9

A panel shall consider and after hearings, make written orders, in

(a) appeals from recommendations of rent regulation officers in respect of

(i) objections to rent increases by tenants; or

(ii) applications by landlords for approval of rent increases in excess of the increase permitted under the regulations;

(b) applications under section 29 or 30; or

(c) applications for approval of rehabilitation of residential premises referred to it by the Coordinator of Appeals, and applications for exemption under clause 2(2)(b).

Majority decisions.

10(1)

A decision of a majority of a panel is the decision of the panel but where there is no majority decision, the decision of the presiding member of the panel shall be the decision of the panel.

Right to be present.

10(2)

Any party to an appeal or proceeding before a panel is entitled to be present at hearings in respect thereof and to be accompanied by such advisers as he may consider necessary to assist him.

Proceeding in absence of parties.

10(3)

Where a party to an appeal or proceeding before a panel fails to attend a hearing in respect thereof, the panel may proceed to hold the hearing and decide the matter.

Adjournment of hearing.

10(4)

A panel may adjourn a hearing in any appeal or proceeding before it from time to time as it deems necessary or advisable.

Notice of decision of panel.

10(5)

Where the panel makes a decision in an appeal or proceeding under this Act it shall give written notice of its decision to all parties to the appeal or proceeding.

Order binding.

10(6)

Every order of a panel is final, binding and enforceable and not subject to review.

Hearings in camera.

10(7)

Unless all parties to a matter present at a hearing in respect of the matter consent to the hearing being open to the public, all hearings in a matter before a panel shall be in camera.

Powers under Evidence Act.

11

For the purpose of this Act the director, each panel, and each rent regulation officer has the powers and protection of a commissioner appointed under Part V of The Manitoba Evidence Act.

Evidence before officers, etc.

12(1)

The director, a rent regulation officer or a panel may receive and accept evidence in such form as in his or its discretion, he or it may deem fit and proper whether admissible in evidence in a court of law or not.

Procedures.

12(2)

Except as otherwise provided in this Act, the director, a rent regulation officer or a panel may determine the procedure to be followed in performing his or its functions.

Onus on application, etc.

12(3)

In every application for an increase in rent and every objection to an increase in rent and every appeal arising from such applications and objections, the onus is on the landlord to justify and substantiate the increase in rent for which the landlord has applied or of which the landlord has given notice to the tenant.

Lack of form, etc.

12(4)

No application, objection, appeal or proceeding under this Act and no recommendation, decision or order in respect thereof, is invalid by reason only of a defect in form, a technical irregularity or lack of formality.

Withdrawal of applications, etc.

12(5)

An application, objection or appeal under this Act may be withdrawn with the consent of the rent regulation officer or panel to whom or which the application, objection or appeal has been referred.

Persons acting for landlords or tenants.

12(6)

Any person duly authorized by a landlord or a tenant may, for or on behalf of the landlord or tenant, as the case may be, make an application or objection under this Act or appeal a recommendation of a rent regulation officer made under this Act.

Services of experts, etc.

13

The minister may

(a) obtain the services of such experts, consultants and advisers as in his opinion may be required by the director, a rent regulation officer or a panel in the performance of his or its duties; and

(b) authorize payment for services rendered by persons whose services are obtained under clause (a).

Officers, etc. not disqualified for certain reasons.

14

A member of a panel is not disqualified from acting as a member of a panel and a rent regulation officer is not disqualified from acting as a rent regulation officer solely

(a) by reason of being a tenant or a relative of a tenant; or

(b) by reason of being a landlord or a relative of a landlord or an officer or director of a corporation that is a landlord; or

(c) by reason of being an agent of a tenant or of a landlord; or

(d) by reason of being an officer or member of an association of tenants, landlords or property managers.

Report.

15

Within six months after the end of each fiscal year of the government, the minister shall prepare a report on the administration of this Act for that fiscal year and table it in the Assembly if the Legislature is then in session and, if the Legislature is not then in session, he shall table it in the Assembly within 15 days of the beginning of the next session of the Legislature.

PART II

RENT INCREASES

Frequency of rent increase.

16(1)

Notwithstanding the terms of any tenancy agreement, the rent payable for residential premises shall not be increased before the expiration of 12 months from the date on which the next previous increase in the rent for the residential premises first came into effect whether or not there was a tenant occupying the residential premises on that date.

Increase on voluntary vacating of single family units, etc.

16(2)

Where the tenant of residential premises in a building in respect of which a declaration is not registered under The Condominium Act and in which there are not more than three separate residential premises

(a) has voluntarily given notice to the landlord of his intention to vacate the residential premises; or

(b) dies and is not survived by a spouse or dependent who had occupied the premises with the tenant at the time of death of the tenant;

notwithstanding any other provision of this Act, a landlord, upon serving on the director a statement of those facts, substantiated in a manner prescribed in the regulations and receiving acknowledgement from the director of the service of the statement and that the facts have been substantiated to the satisfaction of the director either from the statement or by an investigation undertaken under subsection (3), may increase the rent for the residential premises

(c) by an amount that is greater than the increase in rent permitted under the regulations; or

(d) before the expiration of 12 months from the date of the next previous increase in the rent for the residential premises; or

(e) both by an amount that is greater than the increase in rent permitted under the regulations and before the expiration of 12 months from the date of the next previous increase in the rent for the residential premises;

but upon another tenant taking possession of the residential premises, the landlord shall notify the director

(f) of the amount of the increase in rent for the residential premises; and

(g) the date that the increase in rent took effect which shall not be earlier than the date on which the other tenant takes possession.

Investigation by director.

16(3)

For the purpose of substantiating the facts referred to in clause (2)(a) or (b). the director may refer the matter to a rent regulation officer to conduct an investigation as to the circumstances relating to the vacating of the residential premises or the interests of any spouse or dependent of the deceased tenant, as the case may require, and to report the results of the investigation to the director.

Application for increase re vacated premises.

16(4)

Where the tenant of residential premises in a building in which there are more than three separate residential premises

(a) has voluntarily given notice to the landlord of his intention to vacate the residential premises; or

(b) dies and is not survived by a spouse or dependent who had occupied the premises with the tenant at the time of the death of the tenant;

notwithstanding that 12 months have not expired from the date on which the next previous increase on the rent for the residential premises first came into effect, the landlord may apply for an increase in rent for residential premises

(c) by an amount that is greater than the increase in rent permitted under the regulations; or

(d) before the expiration of 12 months from the date of the next previous increase in the rent for the residential premises, or

(e) both an amount that is greater than the increase in rent permitted under the regulations and before the expiration of the 12 months from the date of the next previous increase in the rent for the residential premises;

by serving on the director an application for the increase in the rent.

Procedure on application.

16(5)

The director shall refer an application under subsection (4) to a rent regulation officer who shall deal with the application in the same manner as an application by a landlord under section 21 except that he may proceed to consider the application ex parte and without notice to any tenant of the residential premises.

Rent increase.

16(6)

Where, on an application under subsection (4), a rent regulation officer is satisfied that the rent paid by the vacating or deceased tenant for the residential premises to which the application relates is below the average of rents payable for other similar or comparable residential premises in the same building and that the reason for the low rent was not solely or primarily the conditions of supply and demand for such residential premises at the time the vacating or deceased tenant went into possession or renewed a tenancy agreement, the rent regulation officer may in writing recommend that the landlord may increase the rent for the residential premises

(a) by an amount that is greater than the increase in rent permitted under the regulations; or

(b) before the expiration of 12 months from the date of the next previous increase in the rent for the residential premises: or

(c) both by an amount that is greater than the increase in rent permitted under the regulations and before the expiration of 12 months from the date of the next previous increase in the rent for the residential premises.

Authority to increase.

16(7)

Where, on an application under subsection (4), the rent regulation officer makes a recommendation which is confirmed under subsection 25(3), or an appeal from a recommendation of the rent regulation officer respecting an application under subsection (4), a panel issues an order

(a) authorizing the landlord to increase the rent for the residential premises by an amount that is greater than the increase in rent permitted under the regulations: or

(b) authorizing the landlord to increase the rent before the expiration of 12 months from the date of the next previous increase in the rent for the residential premises; or

(c) authorizing the landlord both to increase the rent for the residential premises by an amount that is greater than the increase in rent permitted under the regulations and to increase the rent before the expiration of 12 months from the date of the next previous increase in the rent for the residential premises;

the landlord, notwithstanding any other provision of this Act, may increase the rent for the residential premises in accordance with the recommendation or the order, as the case may be.

Notice of increase in rent.

17(1)

Every notice of increase in rent for residential premises served by a landlord on a tenant shall be served in writing at least three months before the date on which the increase is to be effective and shall contain the statement and information mentioned in subsection (2) and shall also contain such information and be in such form as may be prescribed by the regulations.

Required information in notice of rent increase.

17(2)

Every notice of increase in rent for residential premises shall include

(a) a statement that the tenant has the right to object to the increase in rent to the director within one month of receiving the notice notwithstanding that the increase is equal to or less than the increase permitted under the regulations;

(b) the dollar amount of the increase;

(c) the percentage amount of the increase; and

(d) the maximum amount of increase permitted under the regulations in respect of the residential premises.

Copy of notice to director.

17(3)

Where a landlord serves a notice of increase in rent for any residential premises he shall within 14 days after the date he gives the notice to the tenant send a copy of the notice to the director.

Notice to new tenants.

17(4)

Where a landlord enters into a tenancy agreement with a tenant who did not occupy the residential premises before the date that the tenancy agreement was entered into, the landlord shall at the time of entering into the tenancy agreement serve on the tenant a notice in writing stating

(a) the date that the rent payable for the residential premises under the tenancy agreement came into effect; and

(b) the rent payable for the residential premises immediately prior to the date on which that rent came into effect:

and shall, within 14 days after the tenancy agreement is entered into, send a copy of the notice to the director.

Continuation of occupancy pending application, etc.

17(5)

Notwithstanding clause 99(14)(a) of The Landlord and Tenant Act, where

(a) an application or objection under this Act relating to residential premises, or an appeal in respect thereof, is not finally determined two months before the date on which an increase in rent for the residential premises is to take effect: and

(b) the tenant has not executed the tenancy agreement submitted to him by the landlord under subsection 99(13) of The Landlord and Tenant Act;

the tenant shall not be deemed to have given notice to the landlord of his intention to terminate his tenancy on the expiry date of the existing tenancy agreement and does not lose his right to continue in occupancy of the residential premises after the expiration of the existing tenancy agreement but, where the tenant later determines to vacate the residential premises, he shall serve notice of his intention to terminate the tenancy agreement on the landlord at least two rental payment periods before the date on which he wishes to terminate his tenancy.

Execution of tenancy agreement after application, etc.

17(6)

Where a tenant does not execute a tenancy agreement in respect of residential premises submitted to him by the landlord under subsection 99(13) of the The Landlord and Tenant Act. and subsection (5) applies, the tenant shall, within 14 days after the final determination of the application or objection under this Act relating to the residential premises, or of any appeal in respect thereof, execute the tenancy agreement submitted to him by the landlord with such variations thereto as may be required to comply with the determination of the application or objection, or the appeal in respect thereof, and if the tenant fails to do so, he shall be deemed to have given notice to the landlord of his intention to terminate his tenancy on the last day of the second rental payment period following the expiry of those 14 days.

General restriction on increases.

18

Except in accordance with a decision of a rent regulation officer or an order of a panel and subject to subsection 28(1), no landlord shall increase the rent payable for residential premises during any year commencing on or after January 1, 1982 by more than the amount

(a) that is specified in the regulations that apply to increases in rent at the time of increase is made; or

(b) that is calculated in accordance with the formula specified in the regulations that apply to increases in rent at the time the increase is made.

Meaning of "increase permitted under the regulations".

19

Where in this Act or the regulations there is reference to an increase in rent permitted under the regulations, that reference means an increase in the rent by the amount

(a) that is specified in the regulations that apply to increases in rent at the time the increase is made; or

(b) that is calculated in accordance with the formula specified in the regulations that apply to increases in rent at the time the increase is made;

and does not mean or refer to an increase in rent allowed in accordance with a decision of a rent regulation officer or an order of a panel.

Tenant's objection to rent increase.

20(1)

Where a tenant receives a notice of an increase in rent from a landlord, notwithstanding that the increase does not exceed the amount of increase in rent permitted under the regulations and notwithstanding that the tenant has signed a tenancy agreement submitted to him by the landlord under subsection 99(13) of The Landlord and Tenant Act, the tenant may object to the increase by serving an objection with the information prescribed in the regulations on the director within one month of receiving the notice.

Procedure on objection.

20(2)

An objection to an increase in rent that has been served by a tenant under this section shall be dealt with and decided in the same manner as an application by a landlord for an increase of rent that exceeds the amount of increase permitted under the regulations.

Application by landlord for extra increase.

21(1)

Where

(a) a landlord serves notice under subsection 17(1) to a tenant of residential premises of an increase in rent that is greater than the increase in rent permitted under the regulations the landlord, not later than 14 days after giving the notice of the increase in rent; or

(b) a landlord intends to increase the rent for residential premises by an amount that is greater than the increase in rent permitted under the regulations and clause (a) does not apply, the landlord, at least two months before the increase in rent to become effective;

shall serve on the director, a written application to increase the rent for the residential premises by the amount indicated in the notice or application and the director shall refer the application to a rent regulation officer.

Consideration by rent regulation officer.

21(2)

In dealing with an application or objection under this Act, a rent regulation officer

(a) shall consider

(i) the rent for the residential premises that was in effect immediately before the increase in rent to which the application or objection relates took effect or is to take effect,

(ii) the increases in the actual expenses incurred by the landlord, as defined in the regulations and determined as prescribed in the regulations,

(iii) any change in the services provided or available for the tenant or in the amenities and properties associated with the residential premises and the value thereof, and

(iv) any other matters required under the regulations to be considered;

(b) may consider the rent payable for the residential premises during the two years before the date of the application, the amounts by which that rent was increased during those two years and the increases in the actual expenses incurred by the landlord during those two years, as defined in the regulations and determined as prescribed in the regulations; and

(c) shall consider any material, evidence or information submitted relative to the application or objection; and

(d) shall consider such other matters as he deems necessary or advisable for the purpose of dealing with the application or objection.

Treatment of other premises in same building.

21(3)

In dealing with an application or objection under this Act in respect of rent payable for residential premises in a building or in a complex of buildings in which there are other residential premises, a rent regulation officer may, with the approval of the director, and without receiving further submissions, applications or objections join in the proceedings on the application or objection the matters of rents payable for all or any of the other residential premises in the same building or in the same complex of buildings, and where he does,

(a) he shall add all the tenants of those residential premises as parties to the application or objection and send them and the landlord notices of the application or objection and of the expanded nature of the proceedings as required under subsection 24(1); and

(b) he may in his absolute discretion make a recommendation which applies uniformly or severally to rents payable for all or any of those other residential premises in the building or in the complex of buildings, as the case may be.

Recommendation on application.

22(1)

Where an application or objection is made under this Act, the rent regulation officer shall in writing recommend the rent increase to be payable for the residential premises affected by the application or objection which may be less than the increase permitted under the regulations.

Recommendation affecting other premises.

22(2)

Where a rent regulation officer makes a recommendation under this Act, which applies to two or more residential premises in a building or complex of buildings, he may recommend that rents payable for all or any of those residential premises be adjusted

(a) by an equal percentage; or

(b) by an equal dollar amount; or

(c) by amounts which equalize the rent payable for similar residential premises in the building or in the complex of buildings; or

(d) by amounts which reduce the differences in rents payable for similar residential premises in the building or in the complex of buildings:

but in any case the adjustments recommended and the total of the increases in rent allowed thereby shall not exceed amounts determined in accordance with the regulations and any adjustment in rent for the residential premises shall become effective as determined by the rent regulation officer on an occasion when the rent for those residential premises may lawfully be increased by the landlord and neither the landlord nor the tenants of those residential premises may make applications or objections upon the adjusted rents coming into effect.

Material in support of application.

23(1)

Where an application or objection in respect of residential premises is referred to a rent regulation officer under this Act, the landlord of the residential premises shall provide such written material in respect of the application or objection as may be required in the regulations or by the rent regulation officer within such period of time as may be fixed by the rent regulation officer, and the other parties to the application or objection may provide such further written material as they think advisable and pertinent within such further period as may be fixed by the rent regulation officer.

Consolidation of applications and objections.

23(2)

Where the director is served with two or more applications or two or more objections, or both, relating to the same residential premises or to residential premises in the same building or the same complex of buildings, he may consolidate the applications and objections as a single matter and refer them all to a single rent regulation officer and thereafter the applications and objections shall for all purposes be joined and treated and proceeded with as a single matter.

Frivolous applications, etc.

23(3)

Where a rent regulation officer is satisfied from the material provided under subsection (1) that an application or objection is of no substance or is frivolous, he may with the approval of the director recommend that the application be refused or the objection dismissed, as the case may be.

Notice of application to parties.

24(1)

Where an application or objection is referred to a rent regulation officer under this Act, the rent regulation officer is not required to hold a hearing of any kind in respect of the matter, but he shall send a notice to the parties to the matter setting out

(a) that the application or objection has been made;

(b) that any party to the matter may at any time during the normal office hours inspect the material provided in respect of the application or objection and in the possession of the rent regulation officer within 10 days after the sending of the notice or such further time as may be allowed by the rent regulation officer; and

(c) that the parties may in writing submit representations to the rent regulation officer in respect of the matter within 10 days after the sending of the notice or such further time as may be allowed by the rent regulation officer.

Written notice of recommendation.

24(2)

Where a rent regulation officer makes a recommendation in respect of an application or objection made under this Act, he shall send copies of his recommendation to the parties to the matter.

Appeal of recommendation.

25(1)

A party to any proceeding in which a rent regulation officer makes a recommendation may, within 14 days after the date copies of the recommendation were sent to the parties under subsection 24(2), appeal the recommendation to a panel by serving a notice of appeal on the Coordinator of Appeals.

Late notice of appeal.

25(2)

Where a party is unable to serve a notice of appeal of a recommendation within 14 days after the recommendation was sent to the party under subsection 24(2) and within seven days after the expiry of the 14 days mentioned in subsection (1), serves a notice of appeal of the recommendation on the Coordinator of Appeals, if the Coordinator of Appeals is satisfied that the party serving the notice of appeal was for good and sufficient reason unable to serve it within the 14 day period mentioned in subsection (1), he shall accept the late notice of appeal as though it was an appeal filed within the time mentioned in subsection (1) but where he is not so satisfied, he shall reject the late notice of appeal and no further or other appeal of the recommendation shall be proceeded with or allowed.

Confirmation of recommendation.

25(3)

Where a notice of appeal of a recommendation of a rent regulation officer is not served by a party within the time allowed under subsection (1) or (2), the recommendation of the rent regulation officer becomes a decision in respect of the application or objection and its final, binding and enforceable and not subject to review, and the rent regulation officer shall thereupon confirm the recommendation as a decision in the application or objection and send notice of the confirmation of the recommendation to the parties.

Notice of hearing of appeal.

26(1)

Upon receiving a notice of appeal under section 25 the Coordinator of Appeals shall

(a) designate a panel to hear the appeal and refer the appeal to it;

(b) fix a date, time and place for hearing the appeal; and

(c) serve on each party to the appeal a notice of the date, time and place of the hearing at least 10 days before the date thereof.

Consolidation of appeals.

26(2)

Where the Coordinator of Appeals is served with two or more notices of appeal under section 25 which relate to the same residential premises or to residential premises in the same building or the same complex of building, he may consolidate the appeals as a single appeal and thereafter the appeals shall for all purposes be joined and treated and proceeded with as a single appeal.

Panel to consider material.

27(1)

On an appeal to a panel, the panel shall at the time and place fixed for the hearing of the appeal hold a hearing and conduct the hearing as a hearing de novo and

(a) shall consider

(i) the rent for the residential premises that was in effect immediately before the increase in rent to which the application or objection relates took effect or is to take effect,

(ii) the increases in the actual expenses incurred by the landlord as defined in the regulations and determined as prescribed in the regulations,

(iii) any change in the services provided or available for the tenant or in the amenities and properties associated with the residential premises and the value thereof, and

(iv) any other matters required under the regulations to be considered;

(b) may consider the rent payable for the residential premises during the two years before the date of the application, the amounts by which that rent was increased during those two years and the increases in the actual expenses incurred by the landlord during those two years, as defined in the regulations and determined as prescribed in the regulations; and

(c) shall consider any material, evidence or information submitted to the rent regulation officer on the application or objection;

(d) shall consider any evidence or information submitted at the hearing of the appeal: and

(e) shall consider such other matters as it deems necessary or advisable for the purpose of dealing with the appeal.

Treatment of other premises in same building.

27(2)

Where the appeal before a panel relates to rent payable for residential premises in a building or in a complex of buildings in which there are other residential premises, the panel may in its absolute discretion and without receiving further submissions or appeals, join as part of the proceedings on the appeal the matters of rents payable for all or any other residential premises in the same building or in the same complex of buildings whether or not the rent regulation officer whose recommendation is the subject of the appeal considered any rents payable for those other residential premises, and where it does

(a) it shall add all the tenants of those residential premises as parties to the appeal and serve on them notices of the appeal and of the expanded nature of the appeal and of the date, time and place when and where it will continue the hearings in respect of the appeal; and

(b) it may in its absolute discretion make an order which applies uniformly or severally to rents payable for all or any of those other residential premises in the building or in the same complex of buildings, as the case may be, and in that case subsection 22(2) applies with such modifications as the circumstances require.

Decision of panel.

27(3)

Upon completion of the hearings on an appeal, the panel shall by order affirm the recommendation of the rent regulation officer on the application or objection in respect of which the appeal is made or substitute its own order for the recommendation of the rent regulation officer and shall send copies of the order to the parties to the appeal.

Payment of excess rent in unresolved disputes.

28(1)

Where for any reason whatsoever, an application or objection or an appeal in respect thereof is not finally determined before the date on which the increase in rent in respect of which the application or objection is made takes effect, the director, without a hearing of any kind, may order

(a) the tenant to pay to the landlord the increased rent for which the landlord has given notice; and

(b) where the landlord collects or has collected an increase in rent that is in excess of the increase permitted under the regulations, the landlord to pay to the director that part of the increase in rent that is in excess of the increase in rent permitted under the regulations;

and the director shall send copies of the order to the parties affected.

Disbursement of moneys.

28(2)

Where the director receives payments made pursuant to an order made under subsection (1), he shall hold the moneys until the application or objection is determined and thereupon the director shall disburse the funds he holds in accordance with the final determination.

Refund of excess rent.

28(3)

Where, in the circumstances described in subsection (1),

(a) no order is made under subsection (1) or orders made under subsection (1) do not provide for the full difference between

(i) the rent actually paid by a tenant to the landlord, and

(ii) the rent as determined in the proceedings on the application or objection, and

(b) the tenant has paid rent to the landlord in excess of the amount of rent determined in the proceedings;

the landlord shall refund to the tenant the amount of the excess paid by the tenant.

Payment of additional rent.

28(4)

Where, in the circumstances described in subsection (1),

(a) no order is made under subsection (1) or orders made under subsection (1) do not provide for the full difference between

(i) the total rent actually paid by the tenant to the landlord and to the director under any order made under subsection (1), and

(ii) the rent as determined in the proceedings on the application or objection; and

(b) the landlord and the director have received in aggregate less rent from the tenant than the amount of rent determined in the proceedings;

the tenant shall pay to the landlord the amount of the deficiency.

Prohibition against excess rent.

29(1)

Subject to subsection 28(1), no landlord shall collect or attempt to collect a rent for residential premises that has been increased on or after January 1, 1982, in excess of the increase in rent permitted under the regulations or determined under this Act for the residential premises.

Application for rollback of rent.

29(2)

Where as the result of an investigation undertaken because of receipt of information from a tenant or undertaken on his own initiative, the director believes that a landlord has collected rent for residential premises in contravention of subsection (1), he may apply for an order under this section by serving an application for the order on the Coordinator of Appeals.

Subsec. 26(1) to apply.

29(3)

Where the Coordinator of Appeals receives an application under this section, subsection 26(1) applies with such modifications as the circumstances require.

Considerations of panel.

29(4)

On an application under this section, the panel designated to hear the application shall, at the time and place fixed for the hearing of the application, hold a hearing and shall consider

(a) all evidence submitted by the director and by any of the parties to the application;

(b) any matters required under the regulations to be considered; and

(c) any other matters it deems necessary or advisable for the purposes of the application;

and subsection 27(2) applies with such modifications as the circumstances require to the panel and the application.

Order for rollback.

29(5)

Upon completing the hearing of an application under this section, if the panel is satisfied that the landlord has collected rent for residential premises in contravention of subsection (1), it may, notwithstanding an increase in the rent has been allowed by a decision of a rent regulation officer, or by an order of a panel, order that the rent payable for the residential premises to which the proceedings relate be reduced to an amount not less than the amount of rent payable therefor in the twelfth month preceding the date on which the contravention first occurred and the order may be made retroactive to a date not earlier than the date the contravention first occurred and shall remain in effect until the later of

(a) the next occasion when the rent for the residential premises may lawfully be increased by the landlord; or

(b) such date, not being more than one year after the date of the order, as may be fixed by the order.

Refund of excess rent.

29(6)

Where under subsection (5) a panel orders a reduction of the rent payable for residential premises, the order shall require the landlord to refund to any person who is or has been a tenant of the residential premises any rent which has been paid by the person in excess of the reduced rent, together with interest at an annual rate fixed in the regulations, and the panel may in the order

(a) prescribe the method by which the refund shall be made; and

(b) fix the date by which the refund shall be made;

and shall serve written notice of its order on the parties affected.

Reduction in services, etc, as rent increases.

30(1)

Where a landlord discontinues, withdraws, ceases to provide or reduces any service, privilege, accommodation or thing in relation to residential premises, that he previously provided or granted to a tenant as part of the tenant's enjoyment or use of the residential premises, unless the discontinuance, withdrawal, ceasing to provide or reduction was beyond the control of the landlord, the discontinuance, withdrawal, ceasing to provide or reduction shall, for the purposes of this Act, be conclusively deemed to be an increase in rent.

Application for valuation for reduction in services, etc.

30(2)

Where, as the result of an investigation undertaken because of receipt of information from a tenant or undertaken on his own initiative, the director believes that a landlord has discontinued, withdrawn, ceased to provide or reduced any service, privilege, accommodation or thing in relation to residential premises, that he previously provided or granted to a tenant as part of the tenant's enjoyment or use of the residential premises and that the discontinuance, withdrawal, ceasing to provide or reduction was not beyond the control of the landlord, he may apply for an order under this section by serving an application for the order on the Coordinator of Appeals.

Application of subsec. 26(1).

30(3)

Where the Coordinator of Appeals receives an application under this section, subsection 26(1) applies with such modifications as the circumstances require.

Considerations of panel.

30(4)

On an application under this section, the panel designated to hear the application shall, at the time and place fixed for the hearing of the application, hold a hearing and shall consider

(a) all evidence submitted by the director and by any of the parties to the application:

(b) any matters required under the regulations to be considered: and

(c) any other matters it deems necessary or advisable for the purposes of the application:

and subsection 2 7(2) applies with such modifications as the circumstances require to the panel and the application.

Order of valuation.

30(5)

Upon completion of the hearing, if the panel is satisfied that

(a) the landlord has discontinued, withdrawn, ceased to provide or reduced any service, privilege, accommodation or thing in relation to the residential premises that he previously provided or granted to a tenant as part of the tenant's enjoyment or use of the residential premises: and

(b) the discontinuance, withdrawal, ceasing to provide or reduction was not beyond the control of the landlord:

the panel shall fix the value of the discontinuance, withdrawal, ceasing to provide or reduction and if, upon the valuation thereof, it finds that the landlord has thereby increased the rent for the residential premises to result in a violation of subsection 29(1), it may proceed on the same application as though an application had been made in respect of the residential premises by the director under section 29.

Onus in applications under secs. 29 and 30.

31

On applications under sections 29 and 30, the onus is on the director to satisfy the panel

(a) that the landlord has collected rent for residential premises in contravention of subsection 29(1); or

(b) that the landlord has discontinued, withdrawn, ceased to provide or reduced a service, privilege, accommodation or thing in relation to residential premises that he previously provided or granted to a tenant as part of the tenant's enjoyment or use of the residential premises;

as the case may be, but the onus is on the landlord to satisfy the panel

(c) that any discontinuance, withdrawal, ceasing to provide or reduction of a service, privilege, accommodation or thing in relation to residential premises was beyond his control; and

(d) that any increase in rent resulting from the discontinuance, withdrawal, ceasing to provide or reduction of any service, privilege, accommodation or thing in relation to residential premises did not result in a violation of subsection 29(1).

Enforcement of orders under sec. 29 or 30.

32(1)

Every order of a panel made under section 29 or 30 may be enforced from time to time by the director

(a) by ordering abatement of rents payable by a tenant who continues in occupancy; or

(b) by ordering that rents, or part of rents payable by tenants in occupancy be paid to the director until sufficient funds are redirected to satisfy the order;

or partly by ordering abatement under clause (a) and partly by ordering rents or part of rents to be paid to the director under clause (b) and the director may make an order under this subsection on his own initiative, without notice and without a hearing of any kind.

Notice of order.

32(2)

Where the director makes an order under subsection (1), he shall send copies of the order to the parties affected.

Effect of payment under order.

32(3)

Where a tenant pays rent in accordance with an order made under subsection (1), he shall be deemed not to be in arrears of rent for failure or refusal to pay to the landlord any rents abated or paid to the director pursuant to the order.

Disbursement of rents paid to director.

32(4)

Upon receipt of rents paid to the director pursuant to an order made under subsection (1) the director shall disburse the funds to the persons to whom moneys are due under the order being enforced.

PART III

GENERAL

Application for approval of rehabilitation.

33(1)

Where a landlord proposes to repair, renovate and refurbish a building in which are situated residential premises which are or are to be rented, he may apply in the manner specified in the regulations for approval of the repair, renovation and refurbishing as rehabilitation of the building for the purposes of clause 2(2)(b) by serving on the Coordinator of Appeals at least one month before beginning the repair, renovation and refurbishing of the building an application for approval accompanied by full details of the plans therefor and such other material and information as may be required under the regulations.

Procedure on application.

33(2)

Upon receiving an application under this section, the Coordinator of Appeals shall

(a) refer the application and all accompanying material to a panel;

(b) fix a date, time and place for hearing the application; and

(c) serve on each party to the application a notice of the date, time and place of the hearing at least 10 days before the date thereof;

and the panel shall proceed with the matter and section 26 and subsection 27(2) apply with such modifications as the circumstances require, to the matter.

Determination by panel.

33(3)

Upon hearing an application under subsection (1), a panel shall consider the matters required under the regulations to be considered on such applications and if the panel determines

(a) that the repair, renovation and refurbishing of the building constitutes rehabilitation of the building to the extent set out in the regulations; and

(b) that the tenants of residential premises in the building will be treated in an acceptable manner having regard to the rehabilitation;

the panel shall by order approve the repair, renovation and refurbishing in accordance with plans referred to in the order as rehabilitation of the building for the purposes of clause 2(2)(b) either with or without conditions respecting the treatment of tenants in the building and fix, for the purposes of an order of exemption under subsection (7), a period in respect of the building, or a different period for each part of the building, of such length not exceeding five years as the panel may determine, for the exemption under clause 2(2)(b) in respect of the building or that part thereof, as the case may be, to which the landlord will be entitled upon the issue of an order of exemption under subsection (7) in respect of the building or that part thereof, as the case may be.

Alterations to plans.

33(4)

During the course of a hearing of an application under subsection (1), the landlord may submit alterations to the plans for the repair, renovation and refurbishing of the building to which the application relates and the panel may require alterations to the plans to be submitted by the landlord but where the alterations to the plans may affect the manner in which tenants in the building will be treated, the panel shall serve notices of the submission of the alterations on the tenants before continuing the hearings on the application.

Variation of order.

33(5)

Where a panel has approved the repair, renovation and refurbishing of a building as rehabilitation of the building for the purpose of clause 2(2)(b) the landlord may apply, either before or during the work of rehabilitation, for an order varying the plans approved or any conditions attached to the order or any period fixed by the order for the exemption under clause 2(2)(b), by sending to the Coordinator of Appeals an application for variation of the order and an application under this subsection shall be dealt with and proceeded with as though it were an application under subsection (1).

Application for exemption.

33(6)

Where a panel has approved the repair, renovation and refurbishing of a building as rehabilitation of a building for the purposes of clause 2(2)(b) and the rehabilitation of all or part of the building has been completed in conformity with the order approving the rehabilitation, the landlord may apply for the exemption under clause 2(2)(b) in respect of the building or that part of the building in respect of which the rehabilitation has been completed by serving on the Coordinator of Appeals an application for the exemption and such other material and information as may be required under the regulations and the Coordinator of Appeals in referring an application under this subsection to a panel as required under subsection (2) may refer the application to a different panel than the panel that granted the approval of the rehabilitation.

Order of exemption.

33(7)

Upon hearing an application under subsection (6), a panel shall consider the matters required under the regulations to be considered on such applications and if the panel determines that the rehabilitation of all or part of the building has been completed in conformity with the order approving the rehabilitation for the purposes of clauses 2(2)(b) it shall, by order, grant an exemption under clause 2(2)(b) in respect of the building, or that part thereof, as the case requires, for such period as has been fixed under subsection (3) in respect of the building or that part thereof, as the case requires, and, where an order under this subsection grants an exemption under clause 2(2)(b) for part only of a building, further orders may be made under and in accordance with this subsection by the same or other panels on subsequent applications granting exemptions for other parts of the building.

Notice of order.

33(8)

Where a panel makes an order under this section, it shall send copies of the order to the parties affected.

Prohibition on conversion to condominium.

33(9)

Where a panel has approved the repair, renovation and refurbishing of a building as rehabilitation of the building for the purpose of clause 2(2)(b), no person shall register or attempt to register a declaration under The Condominium Act in respect of the land on which the building is situated until the expiry of five years after the date of issue of an order of exemption issued under subsection (7) as the result of the completion of all work required to accomplish the rehabilitation approved.

Filing of notice in L.T.O.

33(10)

Where a panel has approved the repair, renovation and refurbishing of a building as rehabilitation of the building for the purposes of clause 2(2)(b), the Coordinator of Appeals shall file a notice in the appropriate land titles office giving notice that the registration of a declaration under The Condominium Act in respect of the land on which the building is situated is prohibited under subsection (9) and the notice shall set out the legal description of the land affected and the date upon which the approval of the rehabilitation was granted by the panel and shall bear the signature of the Coordinator of Appeals.

Endorsement on title.

33(11)

Upon the filing of a notice under subsection (9), the district registrar shall endorse a memorial of the notice on the certificate of title for the land affected and shall send notice of the filing on the registered owner of the land affected.

Effect of filing notice.

33(12)

Where a notice has been filed under subsection (10) in respect of land, the district registrar shall not accept for registration a declaration under The Condominium Act in respect of the land until a withdrawal of the notice has been filed.

Withdrawal of notice.

33(13)

Where five years have expired since the date of issue of an order of exemption issued under subsection (7) as a result of the completion of all work required to accomplish the rehabilitation of a building approved by a panel for the purposes of clause 2(2)(b), the Coordinator of Appeals shall execute a withdrawal of a notice filed under subsection (10) in respect of the land on which the building is situated and upon the withdrawal of the notice being filed in the appropriate land titles office, the district registrar shall cancel the memorial of the notice on the certificate of title for the land affected.

Statement for new landlord.

34(1)

Where the right, title or interest of a landlord in residential premises is acquired by a new landlord, the landlord from whom the right, title or interest was acquired shall serve on the new landlord a written statement stating the actual rent charged for each residential premises affected by the acquisition during the two years immediately preceding the date on which the new landlord acquires the right, title or interest and the amount of moneys remaining due and unpaid under any order issued under section 29 or 30 or under an order on an appeal from such an order.

Obligations of new landlord.

34(2)

Where the right, title or interest of a landlord in residential premises is acquired by a new landlord, all duties and obligations arising out of the payment of excess rents paid by tenants of the residential premises become the responsibility of the new landlord whether the excess rents were paid by the tenants before or after the date the new landlord acquired the right, title or interest, whether any order made respecting the excess rents was made before or after that date and whether or not any order was made under this Act respecting the excess rents but the new landlord is entitled to recover from the landlord from whom the right, title or interest was acquired the amount of excess rents that were refunded, rebated or paid by the new landlord and which were on account of excess rents paid by tenants before the new landlord acquired the right, title or interest.

Prohibition relating to landlords.

35(1)

No landlord, or any person acting on behalf of the landlord shall, directly or indirectly, with respect to any residential premises

(a) collect or attempt to collect from a tenant of the residential premises, a premium, commission, bonus, penalty or key deposit: or

(b) demand, receive or accept from a tenant of the residential premises any unreasonable consideration for furniture situated therein; or

(c) employ, use or attempt to employ or use any subterfuge with a view to avoiding or defeating any provision of this Act or the regulations or any order, determination or decision made under this Act; or

(d) impede, delay or obstruct a panel or any member thereof, or any rent regulation officer or the director in the performance of their duties and functions or the exercise of their powers under this Act.

Prohibitions relating to tenants.

35(2)

No tenant of residential premises shall

(a) sublet the residential premises for a rent that is greater than the rent that is lawfully charged by the landlord for the residential premises: or

(b) sublet any portion of the residential premises for a rent which together with all other rents payable for all other portions of the residential premises is a sum that is greater than the rent that is lawfully charged by the landlord for the residential premises: or

(c) charge any consideration, fee, premium, commission, bonus, penalty or key deposit for subletting the residential premises or any portion thereof, or for assigning a tenancy agreement for the residential premises.

Withholding information, etc.

35(3)

No person shall

(a) withhold any information, document, file, correspondence, account or record required by a panel or any member thereof, by any rent regulation officer or by the director for the purposes of this Act; or

(b) produce or submit to a panel or any member thereof, to a rent regulation officer or to the director any information, document, file, correspondence, account or record that is false or misleading.

Penalty.

36(1)

Any person who violates or fails or neglects to comply with any of the provisions of this Act or the regulations, or with an order, decision or determination of a rent regulation officer, a panel or the director, is guilty of an offence and liable on summary conviction to a fine of not less than $100. or more than $5,000.

Continuing offence.

36(2)

Where a violation of, or a failure or neglect to comply with subsection 17(3), 17(4) or 29(1) or section 18 or 35 continues for more than one day, the person violating or failing or neglecting to comply with the sections is guilty of a separate offence for each day that the violation or failure or neglect to comply continues.

Serving notice, etc.

37(1)

Where, under this Act or the regulations, a notice or other document is required to be served on any person, it may be served

(a) by personal service on the person; or

(b) by leaving it personally with an adult on the premises at the latest address of the person known to the person required to serve it:

(c) by mailing it by registered or certified mail addressed to the latest address of the person known to the person required to serve it; or

(d) to persons who are parties to an application, objection, appeal or proceeding and who are of any particular class, in the manner prescribed in the regulations for serving notices or documents on parties of that class and, where it is served on a class of parties in compliance with the regulations, it shall be conclusively deemed to have been served on every party in that class on the day on which compliance with the regulations is completed.

Substitutional service.

37(2)

Where, under this Act or regulations, a notice or other document is required to be served on any person, and the person required to serve the notice or other document is unable to serve it in accordance with clause (1)(a) or (b), and is unaware or uncertain of any recent address of the person on whom the notice or document is required to be served, the person required to serve the notice or document may apply ex parte to a judge of the Court of Queen's Bench for an order for substitutional service and the judge may, if he is satisfied that every reasonable effort has been made to serve the notice or document as required, grant an order for such substitutional service on the other person as he deems reasonable.

Sending notice, etc.

37(3)

Where, under this Act or the regulations, a notice or other document is required to be sent to any person, it may be sent

(a) by mailing it by ordinary first-class mail addressed to the latest address of the person known to the person required to send the notice or document, in which case it shall be conclusively deemed to have been received by the addressee on the third day after the day it was mailed; or

(b) by complying with any method of service set out in subsection (1).

Regulations.

38

For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make regulations ancillary thereto and not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by this section has the force of law; and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations.

(a) exempting certain residential premises or classes of residential premises including, without limiting the generality of the foregoing, a class defined by reference to the amount of rent payable for residential premises, from the application of all or part of the provisions of this Act;

(b) specifying the amount, if any, or the formula for determining the amount, if any, by which rent payable for residential premises for rental payment periods may be increased, on or after January 1, 1982, over the rent payable for the residential premises for any previous rental payment period;

(c) prescribing the nature or extent or both of repairs, renovations and refurbishing required to qualify as rehabilitation of a building for the purposes of clause 2(2)(b):

(d) prescribing the nature and content of written information that landlords or tenants are required to provide in respect of applications, objections, appeals or proceedings under particular provisions of this Act:

(e) prescribing matters required to be considered by rent regulation officers, panels or the director in respect of applications, objections, appeals or proceedings made under particular provisions of this Act;

(f) prescribing the manner of determining expenses incurred by a landlord in respect of the operation of residential premises and for that purpose defining expenses, and prescribing the nature of expenditures which are expenses, or which shall be deemed not to be expenses, incurred by a landlord in respect of the operation of residential premises:

(g) prescribing the limitations and conditions respecting adjustments to rents for residential premises where subsection 22(2) applies;

(h) fixing the annual rate at which interest shall be paid by a landlord under sections 29 and 30:

(i) prescribing forms for use under this Act, the contents thereof and the information to be disclosed therein:

(j) prescribing the manner for sending or serving any notice required to be sent or served under this Act to or on any particular class of parties to an application, objection, appeal or proceeding.

Director, etc. party to review.

39

Where any proceeding, order or decision before or of the director, a rent regulation officer, or a panel is being questioned or challenged in any proceeding in a court, the director, the rent regulation officer, or the panel, as the case may be, is a party to the proceeding and is entitled to appear in person or to be represented by counsel and to submit evidence and present argument in the proceeding.

Conflicts with other Acts.

40

Where a provision of this Act conflicts with or is repugnant to a provision of The Landlord and Tenant Act or The Condominium Act, the provision of this Act prevails over and supersedes the provision of The Landlord and Tenant Act or The Condominium Act.