T-15.01, r. 2 - Regulation respecting the criteria for the fixing of rent

Section 1 Disposition versions

2012-09-01

1. Unless the context indicates otherwise, in this Regulation:

“capital expenditure” means spending on a building for major repairs and renovations or the offering of a new service, less:

(1)  any subsidy toward such expenditure granted by a department or agency of the Government of Canada or of Québec, by a municipality or by a public utility;

(2)  any compensation paid or payable by a third party as consideration for such expenditure or for the loss that caused it; (dépenses d’immobilisation)

“comparable dwelling” means an equivalent dwelling in the same or like building, having comparable services, accessories and dependencies and located in similar surroundings; (logement comparable)

“end of the lease” means the date preceding the beginning of the period for which the rent is to be determined; (terme du bail)

“estimated rent” means the rent assessed in relation to that for a comparable dwelling, where the dwelling:

(1)  is vacant;

(2)  is occupied by the lessor or his family;

(3)  is occupied by an employee whose work is related to the building;

(4)  is used for operating the building; (loyer estimé)

“income” means the amount of rent charged for a building and any estimated rent for the last month of a period considered, multiplied by 12, as well as any other operating income from the building during the reference period; (revenus)

“net income” means income generated by the building, less its operating expenses, for the reference period; (revenu net)

“operating expenses” means expenses incurred with respect to a building including the value of work done by the lessor if such be the case, comprised of the following:

(1)  property and services taxes;

(2)  fire and liability insurance;

(3)  energy costs;

(4)  maintenance costs;

(5)  service costs; and

(6)  management costs; (dépenses d’exploitation)

“preceding period” means the period of 12 consecutive months preceding the reference period; (période précédente)

“preferential rent” means the rent for a dwelling that is less than what is usually charged for a comparable dwelling where:

(1)  the tenant is the lessor’s relative or a person connected by marriage or a civil union, or the lessor’s employee;

(2)  the lessor supports or supported the tenant;

(3)  the dwelling is located in a building that was inherited and the amount of the rent is attributable to bad management by the deceased;

(4)  the lessor is a department or agency of the Gouvernement du Québec; (loyer de faveur)

“reference period”:

(1)  for leases expiring between 1 April and 31 December: the calendar year preceding the end of the lease;

(2)  for leases expiring between 1 January and 31 March: the second to last calendar year preceding the end of the lease; (période de référence)

“rent” means the monthly price for the enjoyment of a dwelling with its services, accessories and dependencies, whether or not they are covered by a contract separate from the lease; (loyer)

“service” means a service other than one whose price is payable upon each use or on a unit basis. (service)

O.C. 738-85, s. 1; O.C. 505-95, s. 1; O.C. 1506-97, s. 1.