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Tenant Protection Act index page for this old law


This law was repealed on January 31, 2007 and is no longer in use

Ontario Tenant Protection Act
PART VIII

ONTARIO RENTAL HOUSING TRIBUNAL




Ontario Rental Housing Tribunal, ORHT


Tribunal established

157. (1) A tribunal to be known as the Ontario Rental Housing Tribunal in English and Tribunal du logement de l'Ontario in French is hereby established.


Tribunal's jurisdiction

(2) The Tribunal 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.


Access to rent information

(3) The Registrar under the Rent Control Act, 1992 shall give to the Tribunal all information contained in the Rent Registry under that Act and the Tribunal shall provide any of that information to members of the public on request.


Transitional

(4) The Director of Rent Control under the Rent Control Act, 1992 shall give to the Tribunal, for its use, all records held by the Director that may be of assistance to the Tribunal in carrying out its powers and duties under this Act. 1997, c. 24, s. 157.


Composition

158. (1) The members of the Tribunal shall be appointed by the Lieutenant Governor in Council.


Remuneration and expenses

(2) The members of the Tribunal 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.


Public servant members

(3) Members of the Tribunal may be persons who are appointed or transferred under the Public Service Act. 1997, c. 24, s. 158.


Chair and vice-chair

159. (1) The Lieutenant Governor in Council shall appoint one member of the Tribunal as chair and one or more members as vice-chairs.


Same

(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.


Chair, chief executive officer

(3) The Chair shall be the chief executive officer of the Tribunal. 1997, c. 24, s. 159.


Quorum

160. One member of the Tribunal is sufficient to conduct a proceeding under this Act. 1997, c. 24, s. 160.


Conflict of interest

161. The members of the Tribunal shall file with the Tribunal 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. 1997, c. 24, s. 161.


Power to determine law and fact

162. The Tribunal has authority to hear and determine all questions of law and fact with respect to all matters within its jurisdiction under this Act. 1997, c. 24, s. 162.


Members, mediators not compellable

163. No member of the Tribunal or person employed as a mediator by the Tribunal 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. 1997, c. 24, s. 163.


Rules and Guidelines Committee

164. (1) The Chair of the Tribunal shall establish a Rules and Guidelines Committee to be composed of the Chair, as Chair of the Committee, and any other members of the Tribunal the Chair may from time to time appoint to the Committee.


Committee shall adopt rules

(2) The Committee shall adopt rules of practice and procedure governing the practice and procedure before the Tribunal under the authority of this section and section 25.1 of the Statutory Powers Procedure Act.


Committee may adopt guidelines

(3) The Committee may adopt non-binding guidelines to assist members in interpreting and applying the Act and the regulations made under it.


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.


Make public

(5) The Tribunal shall make its rules, guidelines and approved forms available to the public.


Transitional

(6) The Minister of Municipal Affairs and Housing may establish temporary rules of practice and procedure and guidelines for the Tribunal and those rules and guidelines shall be in force as rules and guidelines of the Tribunal until the Rules and Guidelines Committee adopts rules and guidelines for the Tribunal. 1997, c. 24, s. 164.


Information on rights and obligations

165. The Tribunal shall provide information to landlords and tenants about their rights and obligations under this Act. 1997, c. 24, s. 165.


Employees

166. Employees may be appointed for the purposes of the Tribunal in accordance with the regulations. 1997, c. 24, s. 166.


Professional assistance

167. The Tribunal may engage persons other than its members or employees to provide professional, technical, administrative or other assistance to the Tribunal and may establish the duties and terms of engagement and provide for the payment of the remuneration and expenses of those persons. 1997, c. 24, s. 167.


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Reports


Annual report

168. (1) At the end of each year, the Tribunal shall file with the Minister an annual report on its affairs.


Further reports and information

(2) The Tribunal shall make further reports and provide information to the Minister from time to time as required by the Minister.


Tabled with Assembly

(3) The Minister shall submit any reports received from the Tribunal 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. 1997, c. 24, s. 168.


Tribunal may set, charge fees

169. (1) The Tribunal, 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 Tribunal or otherwise in the possession of the Tribunal; or

    (c) for other services provided by the Tribunal.


Same

(2) The Tribunal may treat different kinds of applications differently in setting fees and may base fees on the number of residential units affected by an application.


Make fees public

(3) The Tribunal shall ensure that its fee structure is available to the public. 1997, c. 24, s. 169.


Fee refunded, review

170. The Tribunal 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 Tribunal varies, suspends or cancels the original order. 1997, c. 24, s. 170.


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