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Residential Tenancies Act
Part XII


Board Proceedings


Expeditious procedures

183. The Board shall adopt the most expeditious method of determining the questions arising in a proceeding that affords to all persons directly affected by the proceeding an adequate opportunity to know the issues and be heard on the matter. 2006, c. 17, s. 183.


SPPA applies

184. (1) The Statutory Powers Procedure Act applies with respect to all proceedings before the Board. 2006, c. 17, s. 184 (1).


Exception

(2) Subsection 5.1 (2) of the Statutory Powers Procedure Act does not apply with respect to an application under section 132 or 133 or an application solely under paragraph 1 of subsection 126 (1). 2006, c. 17, s.184 (2).


Exception

(3) Subsection 5.1 (3) of the Statutory Powers Procedure Act does not apply to an application under section 126, 132 or 133. 2006, c. 17, s. 184 (3).


Form of application

185. (1) An application shall be filed with the Board in the form approved by the Board, shall be accompanied by the prescribed information and shall be signed by the applicant. 2006, c. 17, s. 185 (1).


Application filed by agent

(2) An applicant may give an agent written authorization to sign an application and, if the applicant does so, the Board may require the agent to file a copy of the authorization. 2006, c. 17, s. 185 (2).

Note: This amendment applies only if Bill 14 (Access to Justice Act, 2006), introduced on October 27, 2005, receives Royal Assent. On the later of the day subsection (2) comes into force and the day subsection 2 (6) of Schedule C to Bill 14 comes into force, subsection (2) is repealed and the following substituted:

Application filed by representative

(2) An applicant may give written authorization to sign an application to a person representing the applicant under the authority of the Law Society Act and, if the applicant does so, the Board may require such representative to file a copy of the authorization. 2006, c. 17, s.261 (3).

See: 2006, c. 17, s. 261 (1-3).


Combining applications

186. (1) A tenant may combine several applications into one application. 2006, c. 17, s. 186 (1).


Same

(2) Two or more tenants of a residential complex may together file an application that may be filed by a tenant if each tenant applying in the application signs it. 2006, c. 17, s. 186 (2).


Same

(3) A landlord may combine several applications relating to a given tenant into one application, so long as the landlord does not combine an application for a rent increase with any other application. 2006, c. 17, s. 186 (3).


Parties

187. (1) The parties to an application are the landlord and any tenants or other persons directly affected by the application. 2006, c. 17, s. 187 (1).


Add or remove parties

(2) The Board may add or remove parties as the Board considers appropriate. 2006, c. 17, s. 187 (2).



Service

Service of application

188. (1) An applicant to the Board shall give the other parties to the application a copy of the application within the time set out in the Rules. 2006, c. 17, s. 188 (1).


Service of notice of hearing

(2) Despite the Statutory Powers Procedure Act, an applicant shall give a copy of any notice of hearing issued by the Board in respect of an application to the other parties to the application. 2006, c. 17, s. 188 (2).


Certificate of service

(3) A party shall file with the Board a certificate of service in the form approved by the Board in the circumstances set out in the Rules. 2006, c. 17, s.188 (3).


Notice by Board

189. (1) Where an application is made to the Board, the Board shall notify the respondent in writing that an application has been made and, where possible, shall provide the respondent with information relating to the hearing and such other information as is prescribed. 2006, c. 17, s. 189 (1).


Exception

(2) Subsection (1) does not apply in the circumstances prescribed. 2006, c. 17, s.189 (2).


Board may extend, shorten time

190. (1) The Board may extend or shorten the time requirements related to making an application under section 126, subsection 159 (2) or section 226 in accordance with the Rules. 2006, c. 17, s. 190 (1).


Same

(2) The Board may extend or shorten the time requirements with respect to any matter in its proceedings, other than the prescribed time requirements, in accordance with the Rules. 2006, c. 17, s. 190 (2).


How notice or document given

191. (1) A notice or document is sufficiently given to a person other than the Board,

    (a) by handing it to the person;

    (b) if the person is a landlord, by handing it to an employee of the landlord exercising authority in respect of the residential complex to which the notice or document relates;

    (c) if the person is a tenant, subtenant or occupant, by handing it to an apparently adult person in the rental unit;

    (d) by leaving it in the mail box where mail is ordinarily delivered to the person;

    (e) if there is no mail box, by leaving it at the place where mail is ordinarily delivered to the person;

    (f) by sending it by mail to the last known address where the person resides or carries on business; or

    (g) by any other means allowed in the Rules.

2006, c. 17, s. 191 (1).


When notice deemed valid

(2) A notice or document that is not given in accordance with this section shall be deemed to have been validly given if it is proven that its contents actually came to the attention of the person for whom it was intended within the required time period. 2006, c. 17, s. 191 (2).


Mail

(3) A notice or document given by mail shall be deemed to have been given on the fifth day after mailing. 2006, c. 17, s. 191 (3).


How notice or document given to Board

192. (1) A notice or document is sufficiently given to the Board,

    (a) by hand delivering it to the Board at the appropriate office as set out in the Rules;

    (b) by sending it by mail to the appropriate office as set out in the Rules; or

    (c) by any other means allowed in the Rules.

2006, c. 17, s. 192 (1).


Same

(2) A notice or document given to the Board by mail shall be deemed to have been given on the earlier of the fifth day after mailing and the day on which the notice or the document was actually received. 2006, c. 17, s.192 (2).


Time

193. Time shall be computed in accordance with the Rules. 2006, c. 17, s. 193.


Board may mediate

194. (1) The Board may attempt to mediate a settlement of any matter that is the subject of an application or agreed upon by the parties if the parties consent to the mediation. 2006, c. 17, s. 194 (1).


Settlement may override Act

(2) Despite subsection 3 (1) and subject to subsection (3), a settlement mediated under this section may contain provisions that contravene any provision under this Act. 2006, c. 17, s. 194 (2).


Restriction

(3) The largest rent increase that can be mediated under this section for a rental unit that is not a mobile home or a land lease home or a site for either is equal to the sum of the guideline and 3 per cent of the previous year's lawful rent.†2006, c. 17, s. 194 (3).


Successful mediation

(4) If some or all of the issues with respect to an application are successfully mediated under this section, the Board shall dispose of the application in accordance with the Rules. 2006, c. 17, s. 194 (4).


Hearing

(5) If there is no mediated settlement, the Board shall hold a hearing. 2006, c. 17, s. 194 (5).


Money paid to Board

195. (1) Where the Board considers it appropriate to do so, the Board may, subject to the regulations,

    (a) require a respondent to pay a specified sum into the Board within a specified time; or

    (b) permit a tenant who is making an application for an order under paragraph 1 of subsection 29 (1) to pay all or part of the rent for the tenantís rental unit into the Board.

2006, c. 17, s. 195 (1).


Rules re money paid

(2) The Board may establish procedures in the Rules for the payment of money into and out of the Board. 2006, c. 17, s. 195 (2).


No payment after final order

(3) The Board shall not, under subsection (1), authorize or require payments into the Board after the Board has made its final order in the application. 2006, c. 17, s. 195 (3).


Effect of failure to pay under cl. (1) (a)

(4) If a respondent is required to pay a specified sum into the Board within a specified time under clause (1) (a) and fails to do so, the Board may refuse to consider the evidence and submissions of the respondent. 2006, c. 17, s. 195 (4).


Effect of payment under cl. (1) (b)

(5) Payment by a tenant under clause (1) (b) shall be deemed not to constitute a default in the payment of rent due under a tenancy agreement or a default in the tenantís obligations for the purposes of this Act. 2006, c. 17, s. 195 (5).


Board may refuse to proceed if money owing

196. (1) Upon receiving information that an applicant owes money to the Board as a result of having failed to pay any fine, fee or costs,

    (a) if the information is received on or before the day the applicant submits an application, an employee of the Board shall, in such circumstances as may be specified in the Rules, refuse to allow the application to be filed;

    (b) if the information is received after the application has been filed but before a hearing is held, the Board shall stay the proceeding until the fee, fine or costs have been paid and may discontinue the application in such circumstances as may be specified in the Rules;

    (c) if the information is received after a hearing with respect to the application has begun, the Board shall not issue an order until the fine, fee or costs have been paid and may discontinue the application in such circumstances as may be specified in the Rules.

2006, c. 17, s. 196 (1).


Definition

(2) In subsection (1),

"fine, fee or costs" does not include money that is paid in trust to the Board pursuant to an order of the Board and that may be paid out to either the tenant or the landlord when the application is disposed of. 2006, c. 17, s. 196 (2).


Where Board may dismiss

197. (1) The Board may dismiss an application without holding a hearing or refuse to allow an application to be filed if, in the opinion of the Board, the matter is frivolous or vexatious, has not been initiated in good faith or discloses no reasonable cause of action. 2006, c. 17, s. 197 (1).


Same

(2) The Board may dismiss a proceeding without holding a hearing if the Board finds that the applicant filed documents that the applicant knew or ought to have known contained false or misleading information. 2006, c. 17, s. 197 (2).



Joinder and severance of applications

Applications joined

198. (1) Despite the Statutory Powers Procedure Act, the Board may direct that two or more applications be joined or heard together if the Board believes it would be fair to determine the issues raised by them together. 2006, c. 17, s. 198 (1).


Applications severed

(2) The Board may order that applications that have been joined be severed or that applications that had been ordered to be heard together be heard separately. 2006, c. 17, s. 198 (2).


Application severed

199. The Board may order that an application be severed and each severed part dealt with as though it were a separate application under this Act if,

    (a) two or more applications are combined under section 186 in the application;

    (b) the application is made by more than one tenant under subsection 186 (2); or

    (c) the Board believes it would be appropriate to deal separately with different matters included in the application.

2006, c. 17, s. 199.



Amendment and withdrawal of applications

Amend application

200. (1) An applicant may amend an application to the Board in accordance with the Rules. 2006, c. 17, s. 200 (1).


Withdraw application

(2) Subject to subsection (3), an applicant may withdraw an application at any time before the hearing begins. 2006, c. 17, s. 200 (2).


Same, harassment

(3) An applicant may withdraw an application under paragraph 4 of subsection 29 (1) only with the consent of the Board. 2006, c. 17, s. 200 (3).


Same

(4) An applicant may withdraw an application after the hearing begins with the consent of the Board. 2006, c. 17, s. 200 (4).


Other powers of Board

201. (1) The Board may, before, during or after a hearing,

    (a) conduct any inquiry it considers necessary or authorize an employee of the Board to do so;

    (b) request a provincial inspector or an employee of the Board to conduct any inspection it considers necessary;

    (c) question any person, by telephone or otherwise, concerning the dispute or authorize an employee of the Board to do so;

    (d) permit or direct a party to file additional evidence with the Board which the Board considers necessary to make its decision;

    (e) view premises that are the subject of the hearing; or

    (f) on its own motion and on notice to the parties, amend an application if the Board considers it appropriate to do so and if amending the application would not be unfair to any party.

2006, c. 17, s. 201 (1).


Same

(2) In making its determination, the Board may consider any relevant information obtained by the Board in addition to the evidence given at the hearing, provided that it first informs the parties of the additional information and gives them an opportunity to explain or refute it. 2006, c. 17, s. 201 (2).


Same

(3) If a party fails to comply with a direction under clause (1) (d), the Board may,

    (a) refuse to consider the party's submissions and evidence respecting the matter regarding which there was a failure to comply; or

    (b) if the party who has failed to comply is the applicant, dismiss all or part of the application.

2006, c. 17, s. 201 (3).


Parties may view premises with Board

(4) If the Board intends to view premises under clause (1) (e), the Board shall give the parties an opportunity to view the premises with the Board. 2006, c. 17, s. 201 (4).


Findings of Board

202. In making findings on an application, the Board shall ascertain the real substance of all transactions and activities relating to a residential complex or a rental unit and the good faith of the participants and in doing so,

    (a) may disregard the outward form of a transaction or the separate corporate existence of participants; and

    (b) may have regard to the pattern of activities relating to the residential complex or the rental unit.

2006, c. 17, s. 202.


Determinations related to housing assistance

203. The Board shall not make determinations or review decisions concerning,

    (a) eligibility for rent-geared-to-income assistance as defined in the Social Housing Reform Act, 2000 or the amount of geared-to-income rent payable under that Act; or

    (b) eligibility for, or the amount of, any prescribed form of housing assistance.

2006, c. 17, s. 203.


Conditions in order

204. (1) The Board may include in an order whatever conditions it considers fair in the circumstances. 2006, c. 17, s. 204 (1).


Order re costs

(2) The Board may order a party to an application to pay the costs of another party. 2006, c. 17, s. 204 (2).


Same

(3) The Board may order that its costs of a proceeding be paid by a party or a paid agent or counsel to a party.† 2006, c. 17, s.204 (3).

Note: On the later of the day subsection (3) comes into force and the day subsection 2 (6) of Schedule C to Bill 14 comes into force, subsection (3) is amended by striking out "a paid agent or counsel to a party" and substituting "the party's paid representative". This amendment applies only if Bill 14 (Access to Justice Act, 2006), introduced on October 27, 2005, receives Royal Assent. See: 2006, c. 17, s.261 (1, 2, 4).

Same

(4) The amount of an order for costs shall be determined in accordance with the Rules. 2006, c. 17, s. 204 (4).


Same

(5) Subsections(2) to (4) apply despite section 17.1 of the Statutory Powers Procedure Act. 2006, c. 17, s. 204 (5).


Order payment

205. (1) The Board may include in an order the following provision:

    "The landlord or the tenant shall pay to the other any sum of money that is owed as a result of this order."

2006, c. 17, s. 205 (1).


Payment of order by instalments

(2) If the Board makes an order for a rent increase above the guideline and the order is made three months or more after the first effective date of a rent increase in the order, the Board may provide in the order that if a tenant owes any sum of money to the landlord as a result of the order, the tenant may pay the landlord the amount owing in monthly instalments. 2006, c. 17, s. 205 (2).


Same

(3) If an order made under subsection (2) permits a tenant to pay the amount owing by instalments, the tenant may do so even if the tenancy is terminated. 2006, c. 17, s. 205 (3).


Same

(4) An order providing for monthly instalments shall not provide for more than 12 monthly instalments. 2006, c. 17, s. 205 (4).


Agreement to settle matter

206. (1) Where a landlord has made an application under section 69 for an order terminating a tenancy and evicting the tenant based on a notice of termination under section 59 or an application for payment of arrears of rent, or both, the Board may make an order including terms of payment without holding a hearing if,

    (a) the parties have reached a written agreement resolving the subject-matter of the application;

    (b) the agreement has been signed by all parties; and

    (c) the agreement is filed with the Board before the hearing has commenced.

2006, c. 17, s. 206 (1).


Contents of order

(2) In an order under subsection (1), the Board may, based on the agreement reached by the parties, order,

    (a) payment of any arrears and NSF cheque charges or related dministration charges that are owing;

    (b) payment of the fee paid by the landlord for the application to the Board; and

    (c) payment of any rent that becomes due during the period in which the arrears are required to be paid.

2006, c. 17, s. 206 (2).


Restriction

(3) In an order under subsection (1), the Board shall not order that the tenancy be terminated or include a provision allowing for an application under section 78. 2006, c. 17, s. 206 (3).


Request by landlord

(4) A landlord may file a request to reopen the application if the tenant fails to comply with the terms of the order and shall, in the request, indicate which terms were not complied with and the manner in which the tenant failed to meet the terms of the order. 2006, c. 17, s. 206 (4).


Request by landlord or tenant

(5) A landlord or tenant may file a request to reopen the application within 30 days after the order was made on the basis that the other party coerced them or deliberately made false or misleading representations which had a material effect on the agreement and the order issued under subsection (1). 2006, c. 17, s. 206 (5).


Timing

(6) A request under subsection (4) shall not be made later than 30 days after a failure of the tenant to meet a term of the order. 2006, c. 17, s. 206 (6).


Copy of request, notice of hearing

(7) The party filing the request must give the other parties to the application a copy of the request to reopen the application and the notice of hearing within the time set out in the Rules. 2006, c. 17, s. 206 (7).


Condition

(8) If a request to reopen is made under subsection (4), the Board shall not proceed to hear the merits of the application unless the Board is satisfied that the tenant failed to comply with a term of the order. 2006, c. 17, s. 206 (8).


Same

(9) If a request to reopen is made under subsection (5), the Board shall not proceed to hear the merits of the application unless the Board is satisfied that there was coercion or deliberate false or misleading representations which had a material effect on the agreement and the order issued under subsection (1). 2006, c. 17, s. 206 (9).



Monetary jurisdiction; deduction of rent; interest

Monetary jurisdiction of Board

207. (1) The Board may, where it otherwise has the jurisdiction, order the payment to any given person of an amount of money up to the greater of $10,000 and the monetary jurisdiction of the Small Claims Court. 2006, c. 17, s. 207 (1).


Same

(2) A person entitled to apply under this Act but whose claim exceeds the Boardís monetary jurisdiction may commence a proceeding in any court of competent jurisdiction for an order requiring the payment of that sum and, if such a proceeding is commenced, the court may exercise any powers that the Board could have exercised if the proceeding had been before the Board and within its monetary jurisdiction. 2006, c. 17, s. 207 (2).


Same

(3) If a party makes a claim in an application for payment of a sum equal to or less than the Boardís monetary jurisdiction, all rights of the party in excess of the Board's monetary jurisdiction are extinguished once the Board issues its order. 2006, c. 17, s. 207 (3).


Minimum amount

(4) The Board shall not make an order for the payment of an amount of money if the amount is less than the prescribed amount. 2006, c. 17, s. 207 (4).


Order may provide deduction from rent

(5) If a landlord is ordered to pay a sum of money to a person who is a current tenant of the landlord at the time of the order, the order may provide that if the landlord fails to pay the amount owing, the tenant may recover that amount plus interest by deducting a specified sum from the tenant's rent paid to the landlord for a specified number of rental periods. 2006, c. 17, s. 207 (5).


Same

(6) Nothing in subsection (5) limits the right of the tenant to collect at any time the full amount owing or any balance outstanding under the order. 2006, c. 17, s. 207 (6).


Post-judgment interest

(7) The Board may set a date on which payment of money ordered by the Board must be made and interest shall accrue on money owing only after that date at the post-judgment interest rate under section 127 of the Courts of Justice Act. 2006, c. 17, s. 207 (7).


Notice of decision

208. (1) The Board shall send each party who participated in the proceeding, or the partyís counsel or agent, a copy of its order, including the reasons if any have been given, in accordance with section 191. 2006, c. 17, s.208 (1).

Note: On the later of the day subsection (1) comes into force and the day subsection 2 (6) of Schedule C to Bill 14 comes into force, subsection (1) is amended by striking out "the party's counsel or agent" and substituting "the person who represented the party". This amendment applies only if Bill 14 (Access to Justice Act, 2006), introduced on October 27, 2005, receives Royal Assent. See: 2006, c. 17, s. 261 (1, 2, 5).

Same

(2) Section 18 of the Statutory Powers Procedure Act does not apply to proceedings under this Act. 2006, c. 17, s. 208 (2).


Order final, binding

209. (1) Except where this Act provides otherwise, and subject to section 21.2 of the Statutory Powers Procedure Act, an order of the Board is final and binding. 2006, c. 17, s. 209 (1).


Power to review

(2) Without limiting the generality of section 21.2 of the Statutory Powers Procedure Act, the Boardís power to review a decision or order under that section may be exercised if a party to a proceeding was not reasonably able to participate in the proceeding. 2006, c. 17, s. 209 (2).


Appeal rights

210. (1) Any person affected by an order of the Board may appeal the order to the Divisional Court within 30 days after being given the order, but only on a question of law. 2006, c. 17, s. 210 (1).


Board to receive notice

(2) A person appealing an order under this section shall give to the Board any documents relating to the appeal. 2006, c. 17, s. 210 (2).


Board may be heard by counsel

(3) The Board is entitled to be heard by counsel or otherwise upon the argument on any issue in an appeal. 2006, c. 17, s. 210 (3).


Powers of Court

(4) If an appeal is brought under this section, the Divisional Court shall hear and determine the appeal and may,

    (a) affirm, rescind, amend or replace the decision or order; or

    (b) remit the matter to the Board with the opinion of the Divisional Court.

2006, c. 17, s. 210 (4).


Same

(5) The Divisional Court may also make any other order in relation to the matter that it considers proper and may make any order with respect to costs that it considers proper. 2006, c. 17, s. 210 (5).


Board may appeal Court decision

211. The Board is entitled to appeal a decision of the Divisional Court on an appeal of a Board order as if the Board were a party to the appeal. 2006, c. 17, s. 211.


Substantial compliance sufficient

212. Substantial compliance with this Act respecting the contents of forms, notices or documents is sufficient. 2006, c. 17, s. 212.


Electronic documents

213. Any document referred to in this Act and specified in the regulations or in the Rules may be created, signed, filed, provided, issued, sent, received, stored, transferred, retained or otherwise dealt with electronically if it is done in accordance with the regulations or the Rules. 2006, c. 17, s. 213.


Contingency fees, limitation

214. (1) No agent who represents a landlord or a tenant in a proceeding under this Act or who assists a landlord or tenant in a matter arising under this Act shall charge or take a fee based on a proportion of any amount which has been or may be recovered, gained or saved, in whole or in part, through the efforts of the agent, where the proportion exceeds the prescribed amount. 2006, c. 17, s. 214 (1).


Same

(2) An agreement that provides for a fee prohibited by subsection (1) is void. 2006, c. 17, s. 214 (2).



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