9 PART VIII SUITE METERS AND APPORTIONMENT OF UTILITY COSTS

Suite meters

137. (1) In this section,

“meter” has the same meaning as in Part III of the Energy Consumer Protection Act, 2010; (“compteur”)

“suite meter” has the same meaning as in Part III of the Energy Consumer Protection Act, 2010; (“compteur individuel”)

“suite meter provider” has the same meaning as in Part III of the Energy Consumer Protection Act, 2010. (“fournisseur de compteurs individuels”) 2010, c. 8, s. 39 (1).

Interruption in supply

137. (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 suite meter is installed if,

(a) the suite meter is installed by a suite meter provider;

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

(c) the landlord provides adequate notice to the tenant in accordance with the prescribed rules. 2010, c. 8, s. 39 (1).

Termination of obligation to supply electricity

137. (3) Subject to subsections (4) and (5), if a meter or a suite meter is installed in respect of a rental unit, a landlord who has the obligation under a tenancy agreement to supply electricity to the rental unit may terminate that obligation by,

(a) obtaining the written consent of the tenant in the form approved by the Board;

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

(c) reducing the rent, in the prescribed circumstances and in accordance with the prescribed rules, by an amount that accounts for the cost of electricity consumption and related costs. 2010, c. 8, s. 39 (1).

Information for tenants

137. (4) A landlord shall not terminate an obligation to supply electricity under subsection (3) unless, before obtaining the written consent of the tenant, the landlord has provided the tenant with the prescribed information. 2010, c. 8, s. 39 (1).

Limitation

137. (5) Where the primary source of heat in the unit is generated by means of electricity, a landlord may terminate an obligation to supply electricity under subsection (3) in the prescribed circumstances, solely if the landlord meets the prescribed conditions. 2010, c. 8, s. 39 (1).

Revising agreements

137. (6) The tenant may, within the prescribed time and in the prescribed circumstances, request that the landlord adjust the rent reduction provided under subsection (3) based on the prescribed rules and the landlord shall adjust the rent and provide a rebate based on the prescribed rules. 2010, c. 8, s. 39 (1).

Information for prospective tenants

137. (7) Except under the prescribed circumstances, if a suite 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 in the form approved by the Board:

1. The most recent information available to the landlord for the prescribed period from the suite meter provider 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. 2010, c. 8, s. 39 (1).

Other circumstances where information required

137. (8) If a meter or a suite meter is installed in respect of a rental unit, a landlord shall, before entering into a tenancy agreement with a prospective tenant for a rental unit, provide the prospective tenant with the information required under subsection (7) or with such portion of the information required under subsection (7) as may be prescribed, in such other circumstances as are prescribed. 2010, c. 8, s. 39 (1).

Electricity conservation and efficiency obligations

137. (9) If a suite meter is installed in respect of a rental unit and the obligation of the landlord to supply electricity has been terminated, the landlord shall, in accordance with the prescribed rules,

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

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

(c) ensure that other prescribed requirements relating to electricity conservation and efficiency are complied with. 2010, c. 8, s. 39 (1).

Same, other prescribed circumstances

137. (10) If a meter or a suite meter is installed in respect of a rental unit, a landlord shall comply with the electricity conservation and efficiency obligations referred to in subsection (9) in such other circumstances as are prescribed. 2010, c. 8, s. 39 (1).

Tenant’s application

137. (11) 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 this section. 2010, c. 8, s. 39 (1).

Order, general

137. (12) If the Board determines in an application under subsection (11) that a landlord has breached an obligation under subsection (2), (6), (7), (8), (9) or (10), the Board may do one or more of the following:

1. Order an abatement of rent.

2. 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.

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

4. Order that the rent charged be reduced by a specified amount and order the appropriate rebate.

5. Make any other order that it considers appropriate. 2010, c. 8, s. 39 (1).

Order, breach of subs. (3), (4) or (5)

137. (13) If the Board determines in an application under subsection (11) that a landlord has breached an obligation under subsection (3), (4) or (5), the Board may, in addition to the remedies set out in subsection (12), do one or more of the following:

1. Terminate the tenancy.

2. Order that the landlord assume the obligation to supply electricity to the rental unit and set the new rent that can be charged. 2010, c. 8, s. 39 (1).

Eviction with termination order

137. (14) If the Board makes an order terminating a tenancy under paragraph 1 of subsection (13), the Board may order that the tenant be evicted, effective not earlier than the termination date specified in the order. 2010, c. 8, s. 39 (1).

Determination re capital expenditures

137. (15) Except under the prescribed circumstances, for the purpose of section 126, a capital expenditure is not an eligible capital expenditure if,

(a) a meter or a suite 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 or the more efficient use 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 or the more efficient use of electricity. 2010, c. 8, s. 39 (1).

Charges, fees and security deposits

137. (16) Where a meter or suite meter is installed in respect of a rental unit and the tenant is responsible for the payment for the supply of electricity, sections 134 and 135 have no application to charges, fees or security deposits that are required to be paid for the supply of electricity and any amount paid for the supply of electricity shall not be considered to be an amount of consideration or a service that falls within the definition of “rent” in subsection 2 (1). 2010, c. 8, s. 39 (1).

Interference with a vital service, reasonable enjoyment

137. (17) Where a meter or a suite meter is installed in respect of a rental unit and the tenant is responsible for the payment for the supply of electricity and a landlord, landlord’s agent or a suite meter provider is attempting to enforce the rights or obligations afforded them under this section or under section 31 of the Electricity Act, 1998, electricity is deemed not to be a vital service within the meaning of section 21 and any interference with the supply of electricity is deemed not to be an interference with the tenant’s reasonable enjoyment within the meaning of sections 22 and 235. 2010, c. 8, s. 39 (1).

Lease provisions void

137. (18) A provision in a tenancy agreement which purports to provide that a tenant has consented or will consent to the termination of the obligation of the landlord to supply electricity to the rental unit on a future date or otherwise purports to provide terms which are inconsistent with the provisions contained in this section is void. 2010, c. 8, s. 39 (1).

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, with the written consent of the tenant, charge the tenant a portion of the cost of the utility in accordance with the prescribed rules if,

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

(b) the rent for the rental unit is reduced in accordance with the prescribed rules. 2010, c. 8, s. 39 (1).

Not a service

138. (2) If a landlord charges a tenant a portion of the cost of a utility in accordance with subsection (1), the utility shall not be considered a service that falls within the definition of “rent” in subsection 2 (1). 2010, c. 8, s. 39 (1).

Termination of tenancy prohibited

138. (3) If a landlord charges a tenant a portion of the cost of a utility in accordance with subsection (1), 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. 2010, c. 8, s. 39 (1).

Information for prospective tenants

138. (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 for the prescribed 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. 2010, c. 8, s. 39 (1).

Utility conservation and efficiency obligations

138. (5) If a landlord charges a tenant a portion of the cost of a utility, the landlord shall, in accordance with the prescribed rules,

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

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

(c) ensure that other prescribed requirements relating to conservation and efficient use of the utility are complied with. 2010, c. 8, s. 39 (1).

Tenant’s application

138. (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 this section. 2010, c. 8, s. 39 (1).

Order, general

138. (7) If the Board determines in an application under subsection (6) that a landlord has breached an obligation under subsection (4) or (5), the Board may do one or more of the following:

1. Order an abatement of rent.

2. 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.

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

4. Order that the rent charged be reduced by a specified amount and order the appropriate rebate.

5. Make any other order that it considers appropriate. 2010, c. 8, s. 39 (1).

Order, breach of subs. (1)

138. (8) If the Board determines in an application under subsection (6) that a landlord has breached an obligation under subsection (1), the Board may, in addition to the remedies set out in subsection (7), do one or more of the following:

1. Terminate the tenancy.

2. Order that the landlord assume the obligation to supply the utility to the rental unit and set the new rent that can be charged. 2010, c. 8, s. 39 (1).

Eviction with termination order

138. (9) If the Board makes an order terminating a tenancy under paragraph 1 of subsection (8), the Board may order that the tenant be evicted, effective not earlier than the termination date specified in the order. 2010, c. 8, s. 39 (1).

Determination re capital expenditures

138. (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 or more efficient use 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 or more efficient use of the utility. 2010, c. 8, s. 39 (1).