Residential Tenancies Act
The Landlord and Tenant Board
168. (1) The Ontario Rental Housing Tribunal is continued under the name
Landlord and Tenant Board in English and Commission de la location immobiliere in French. 2006, c. 17, s. 168 (1).
(2) The Board has exclusive jurisdiction to determine all applications under this
Act and with respect to all matters in which jurisdiction is conferred on it by this Act. 2006, c. 17, s. 168 (2).
169. (1) The members of the Board shall be appointed by the Lieutenant Governor in Council. 2006, c. 17, s. 169 (1).
Remuneration and expenses
(2) The members of the Board who are not members of the public service of Ontario
shall be paid the remuneration fixed by the Lieutenant Governor in Council and the
reasonable expenses incurred in the course of their duties under this Act, as determined
by the Minister. 2006, c. 17, s. 169 (2).
Public servant members
(3) Members of the Board may be persons who are appointed or transferred under the
Public Service Act. 2006, c. 17, s. 169 (3).
Chair and vice-chair
170. (1) The Lieutenant Governor in Council shall appoint one member of the
Board as Chair and one or more members as vice-chairs. 2006, c. 17, s. 170 (1).
(2) The Chair may designate a vice-chair who shall exercise the powers and perform
the duties of the Chair when the Chair is absent or unable to act. 2006, c. 17, s. 170 (2).
Chair, chief executive officer
(3) The Chair shall be the chief executive officer of the Board. 2006, c. 17, s. 170 (3).
171. One member of the Board is sufficient to conduct a proceeding under this Act. 2006, c. 17, s. 171.
Conflict of interest
172. The members of the Board shall file with the Board a written declaration of any
interests they have in residential rental property, and shall be required to comply with any
conflict of interest guidelines or rules of conduct established by the Chair. 2006, c. 17, s. 172.
Expiry of term
173. Despite section 4.3 of the Statutory Powers Procedure Act, if the
term of office of a member of the Board who has participated in a hearing expires before
a decision is given, the term shall be deemed to continue for four weeks, but only for
the purpose of participating in the decision and for no other purpose. 2006, c. 17, s. 173.
Power to determine law and fact
174. The Board has authority to hear and determine all questions of law and fact
with respect to all matters within its jurisdiction under this Act. 2006, c. 17, s. 174.
Members, mediators not compellable
175. No member of the Board or person employed as a mediator by the Board shall be
compelled to give testimony or produce documents in a civil proceeding with respect to matters
that come to his or her knowledge in the course of exercising his or her duties under this Act. 2006, c. 17, s. 175.
Rules and Guidelines Committee
176. (1) The Chair of the Board shall establish a Rules and Guidelines Committee
to be composed of the Chair, as Chair of the Committee, and any other members of the
Board the Chair may from time to time appoint to the Committee. 2006, c. 17, s. 176 (1).
Committee shall adopt rules
(2) The Committee shall adopt rules of practice and procedure governing the practice
and procedure before the Board under the authority of this section and section 25.1 of the
Statutory Powers Procedure Act. 2006, c. 17, s. 176 (2).
Committee may adopt guidelines
(3) The Committee may adopt non-binding guidelines to assist members in interpreting
and applying this Act and the regulations made under it. 2006, c. 17, s. 176 (3).
Means of adoption
(4) The Committee shall adopt the rules and guidelines by simple majority, subject
to the right of the Chair to veto the adoption of any rule or guideline. 2006, c. 17, s. 176 (4).
(5) The Board shall make its rules, guidelines and approved forms available to the
public. 2006, c. 17, s. 176 (5).
Information on rights and obligations
177. The Board shall provide information to landlords and tenants about their rights
and obligations under this Act. 2006, c. 17, s. 177.
178. Employees may be appointed for the purposes of the Board in accordance with the
regulations. 2006, c. 17, s. 178.
179. The Board may engage persons other than its members or employees to provide
professional, technical, administrative or other assistance to the Board and may establish
the duties and terms of engagement and provide for the payment of the remuneration and
expenses of those persons. 2006, c. 17, s. 179.
180. (1) At the end of each year, the Board shall file with the Minister an
annual report on its affairs. 2006, c. 17, s. 180 (1).
Further reports and information
(2) The Board shall make further reports and provide information to the Minister
from time to time as required by the Minister. 2006, c. 17, s. 180 (2).
Tabled with Assembly
(3) The Minister shall submit any reports received from the Board to the Lieutenant
Governor in Council and then shall table them with the Assembly if it is in session or,
if not, at the next session. 2006, c. 17, s. 180 (3).
Board may set, charge fees
181. (1) The Board, subject to the approval of the Minister, may set and charge fees,
(a) for making an application under this Act or requesting a review
of an order under section 21.2 of the Statutory Powers Procedure Act;
(b) for furnishing copies of forms, notices or documents filed with or
issued by the Board or otherwise in the possession of the Board; or
(c) for other services provided by the Board.
2006, c. 17, s. 181 (1).
(2) The Board may treat different kinds of applications differently in setting fees
and may base fees on the number of residential units affected by an application. 2006, c. 17, s. 181 (2).
Make fees public
(3) The Board shall ensure that its fee structure is available to the public. 2006, c. 17, s. 181 (3).
Fee refunded, review
182. The Board may refund a fee paid for requesting a review of an order under
section 21.2 of the Statutory Powers Procedure Act if, on considering the request,
the Board varies, suspends or cancels the original order. 2006, c. 17, s. 182.
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