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This law was repealed on January 31, 2007 and is no longer in use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
ONTARIO RENTAL HOUSING TRIBUNAL
Ontario Rental Housing Tribunal, ORHT
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.
(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.
(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.
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.
(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.
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.
(5) The Tribunal shall make its rules, guidelines and approved forms available to the public.
(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.
166. Employees may be appointed for the purposes of the Tribunal in accordance
with the regulations. 1997, c. 24, s. 166.
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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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.
(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
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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