s.115 — Application by new tenant

115 (1) A new tenant who was entitled to notice under section 114 may apply to the Board for an order, (a) determining the amount of rent that the new tenant may lawfully be charged until the prohibition in the order made under paragraph 6, 7 or 8 of subsection 30 (1) ends; (b) determining the amount of rent that the new tenant may lawfully be charged after the prohibition in the order made under paragraph 6, 7 or 8 of subsection 30 (1) ends; and (c) requiring the landlord to rebate to the new tenant any rent paid by the new tenant in excess of the rent that the tenant may lawfully be charged. (2) No order shall be made under subsection (1) unless the application is made not later than one year after the new tenancy agreement takes effect. (3) If, in an application under subsection (1), the Board finds that the landlord has not complied with section 114, the Board may order the landlord to pay to the Board an administrative fine not exceeding the greater of $10,000 and the monetary jurisdiction of the Small Claims Court. (4) If an application is made under subsection (1), the landlord shall file with the Board information as prescribed within the time prescribed. (5) Section 135 does not apply to a new tenant with respect to rent paid by the new tenant in excess of the rent that the tenant could lawfully be charged if an application could have been made under subsection (1) for an order requiring the rebate of the excess. Notice of Rent Increase