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Residential Tenancies Act
Part VIII


Smart Meters and Apportionment of Utility Costs


Smart meters

137. (1) In this section,

"smart meter" has the same meaning as in the Electricity Act, 1998. 2006, c. 17, s. 137 (1).


Interruption in supply

(2) A landlord who has the obligation under a tenancy agreement to supply electricity may interrupt the supply of electricity to a rental unit when a smart meter is installed if,

    (a) the smart meter is installed by a person licensed under the Ontario Energy Board Act, 1998 to install smart meters;

    (b) the supply of electricity is interrupted only for the minimum length of time necessary to install the smart meter; and

    (c) the landlord provides adequate notice to the tenant in accordance with the prescribed rules.

2006, c. 17, s. 137 (2).


Termination of obligation to supply electricity

(3) Subject to subsection (4), if a smart meter is installed in respect of a rental unit by a person licensed under the Ontario Energy Board Act, 1998 to install smart meters, a landlord who has the obligation under a tenancy agreement to supply electricity to the rental unit may, without the consent of the tenant, terminate that obligation by,

    (a) providing adequate notice of the termination of the obligation to the tenant in accordance with the prescribed rules; and

    (b) reducing the rent, in accordance with the prescribed rules, by an amount that accounts for the cost of electricity consumption and related costs.

2006, c. 17, s. 137 (3).


Limitation

(4) A landlord shall not terminate an obligation to supply electricity under subsection (3) earlier than 12 months, or such longer period as may be prescribed, after the installation of the smart meter. 2006, c. 17, s. 137 (4).


Information for prospective tenants

(5) If a smart meter is installed in respect of a rental unit, the landlord shall, before entering into a tenancy agreement with a prospective tenant for the unit, provide the prospective tenant with the following information:

    1. The most recent information available to the landlord for a 12-month period from the Smart Metering Entity, as defined in the Electricity Act, 1998, concerning electricity consumption in the rental unit.

    2. If the rental unit was vacant during any part of the period to which the information referred to in paragraph 1 applies, a statement of the period that the rental unit was vacant.

    3. Such other information as is prescribed.

2006, c. 17, s. 137 (5).


Other circumstances where information required

(6) A landlord shall, before entering into a tenancy agreement with a prospective tenant for a rental unit, provide the prospective tenant with the information referred to in subsection (5) in such other circumstances as are prescribed. 2006, c. 17, s. 137 (6).


Electricity conservation obligations

(7) If a smart meter is installed in respect of a rental unit, the landlord shall,

    (a) ensure that any appliances provided for the rental unit by the landlord satisfy the prescribed requirements relating to electricity conservation;

    (b) ensure that other aspects of the rental unit satisfy the prescribed requirements relating to electricity conservation; and

    (c) ensure that other prescribed requirements relating to electricity conservation are complied with.

2006, c. 17, s. 137 (7).


Tenant's application

(8) A tenant or a former tenant of a rental unit may apply to the Board in the prescribed circumstances for an order determining whether the landlord has breached an obligation under subsection (7). 2006, c. 17, s. 137 (8).


Order

(9) If the Board determines in an application under subsection (8) that a landlord has breached an obligation under subsection (7), the Board may do one or more of the following:

    1. Terminate the tenancy.

    2. Order an abatement of rent.

    3. Authorize a repair or replacement that has been or is to be made, or work that has been or is to be done, and order its cost to be paid by the landlord to the tenant.

    4. Order the landlord to do specified repairs or replacements or other work within a specified time.

    5. Make any other order that it considers appropriate.

2006, c. 17, s. 137 (9).


Advance notice of breaches

(10) In determining the remedy under subsection (9), the Board shall consider whether the tenant or former tenant advised the landlord of the alleged breaches before applying to the Board. 2006, c. 17, s. 137 (10).


Eviction with termination order

(11) If the Board makes an order terminating a tenancy under paragraph 1 of subsection (9), the Board may order that the tenant be evicted, effective not earlier than the termination date specified in the order. 2006, c. 17, s. 137 (11).


Determination re capital expenditures

(12) For the purpose of section 126, a capital expenditure is not an eligible capital expenditure if,

    (a) a smart meter was installed in respect of a residential complex before the capital expenditure was made;

    (b) the capital expenditure failed to promote the conservation of electricity; and

    (c) the purpose for which the capital expenditure was made could reasonably have been achieved by making a capital expenditure that promoted the conservation of electricity.

2006, c. 17, s. 137 (12).


Apportionment of utility costs

138. (1) A landlord of a building containing not more than six rental units who supplies a utility to each of the rental units in the building may, without the consent of the tenants, charge each tenant a portion of the cost of the utility in accordance with the prescribed rules if,

    (a) the landlord provides adequate notice to the tenants in accordance with the prescribed rules; and

    (b) the rent for each rental unit is reduced in accordance with the prescribed rules.

2006, c. 17, s. 138 (1).


Not a service

(2) If a landlord charges a tenant a portion of the cost of a utility in accordance with subsection (1) or with the consent of the tenant, the utility shall not be considered a service that falls within the definition of "rent" in subsection 2 (1). 2006, c. 17, s. 138 (2).


Termination of tenancy prohibited

(3) If a landlord charges a tenant a portion of the cost of a utility in accordance with subsection (1) or with the consent of the tenant, the landlord shall not serve a notice of termination under section 59 or make an application to the Board for an order under section 69 or 87 if the notice or application is based on the tenant's failure to pay the utility charge. 2006, c. 17, s. 138 (3).


Information for prospective tenants

(4) If a landlord charges tenants a portion of the cost of a utility, the landlord shall, before entering into a tenancy agreement with a prospective tenant, provide the prospective tenant with the following information:

    1. The portion of the cost of the utility that is applicable to the rental unit that would be occupied by the prospective tenant, expressed as a percentage of the total cost of the utility.

    2. The total cost of the utility for the building in the most recent 12-month period for which the landlord has information on the cost of the utility.

    3. If any part of the building was vacant during any part of the period to which the information referred to in paragraph 2 applies, a statement of which part of the building was vacant and of the period that it was vacant.

    4. Such other information as is prescribed.

2006, c. 17, s. 138 (4).


Utility conservation obligations

(5) If a landlord charges tenants a portion of the cost of a utility, the landlord shall,

    (a) ensure that any appliances provided by the landlord satisfy the prescribed requirements relating to conservation of the utility; and

    (b) ensure that other aspects of the rental unit and building satisfy the prescribed requirements relating to conservation of the utility.

2006, c. 17, s. 138 (5).


Tenant's application

(6) A tenant or a former tenant of a rental unit may apply to the Board in the prescribed circumstances for an order determining whether the landlord has breached an obligation under subsection (5). 2006, c. 17, s. 138 (6).


Order

(7) If the Board determines in an application under subsection (6) that a landlord has breached an obligation under subsection (5), the Board may do one or more of the following:

    1. Terminate the tenancy.

    2. Order an abatement of rent.

    3. Authorize a repair or replacement that has been or is to be made, or work that has been or is to be done, and order its cost to be paid by the landlord to the tenant.

    4. Order the landlord to do specified repairs or replacements or other work within a specified time.

    5. Make any other order that it considers appropriate.

2006, c. 17, s. 138 (7).


Advance notice of breaches

(8) In determining the remedy under subsection (7), the Board shall consider whether the tenant or former tenant advised the landlord of the alleged breaches before applying to the Board. 2006, c. 17, s. 138 (8).


Eviction with termination order

(9) If the Board makes an order terminating a tenancy under paragraph 1 of subsection (7), the Board may order that the tenant be evicted, effective not earlier than the termination date specified in the order. 2006, c. 17, s. 138 (9).


Determination re capital expenditures

(10) For the purpose of section 126, a capital expenditure is not an eligible capital expenditure if,

    (a) the landlord charged tenants a portion of the cost of a utility before the capital expenditure was made;

    (b) the capital expenditure failed to promote the conservation of the utility; and

    (c) the purpose for which the capital expenditure was made could reasonably have been achieved by making a capital expenditure that promoted the conservation of the utility.

2006, c. 17, s. 138 (10).



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