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This law was repealed on January 31, 2007 and is no longer in use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


PROCEDURE




Procedure


Expeditious procedures

171. The Tribunal 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. 1997, c. 24, s. 171.


Form of application

172. (1) An application shall be filed with the Tribunal in the form approved by the Tribunal, shall be accompanied by the prescribed information and shall be signed by the applicant.


Application filed by agent

(2) An applicant may give an agent written authorization to sign an application and, if the applicant does so, the Tribunal may require the agent to file a copy of the authorization. 1997, c. 24, s. 172.


Combining applications

173. (1) A tenant may combine several applications into one application.


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.


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. 1997, c. 24, s. 173.


Parties

174. (1) The parties to an application are the landlord and any tenants or other persons directly affected by the application.


Add or remove parties

(2) The Tribunal may add or remove parties as the Tribunal considers appropriate. 1997, c. 24, s. 174.


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Service


Service of application

175. (1) An applicant to the Tribunal shall give the other parties to the application a copy of the application within the time set out in the Rules.


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 Tribunal in respect of an application to the other parties to the application.


Certificate of service

(3) A party shall file with the Tribunal a certificate of service in the form approved by the Tribunal in the circumstances set out in the Rules. 1997, c. 24, s. 175.


Tribunal may extend, shorten time

176. (1) The Tribunal may extend or shorten the time requirements related to making an application under section 138 or under section 156 in accordance with the Rules.


Same

(2) The Tribunal 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. 1997, c. 24, s. 176.


File dispute

177. (1) A respondent wishing to dispute the following applications must do so by filing a dispute in writing with the Tribunal:

    1. An application to terminate a tenancy or to evict a person.

    2. A landlord's application for arrears of rent, compensation, damages or for the payment of money as a result of misrepresentation of income.

    3. A tenant's application under section 89 (compensation, overholding subtenant).

    4. A tenant's application under section 144.

    5. A tenant's application claiming that a landlord unreasonably withheld consent to an assignment or subletting of a rental unit.


Same

(2) The time for filing a dispute shall be,

    (a) in the case of an application to terminate a tenancy or to evict a person, five days after the applicant has served the notice of hearing on the respondent; and

    (b) in the case of any other application, within the time provided for in the Rules. 1997, c. 24, s. 177.


How notice or document given

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

    (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.


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.


Mail

(3) A notice or document given by mail shall be deemed to have been given on the fifth day after mailing. 1997, c. 24, s. 178.


How notice or document given to Tribunal

179. (1) A notice or document is sufficiently given to the Tribunal,

    (a) by hand delivering it to the Tribunal 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.


Same

(2) A notice or document given to the Tribunal 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. 1997, c. 24, s. 179.


Time

180. Time shall be computed in accordance with the Rules. 1997, c. 24, s. 180.


Tribunal may mediate

181. (1) The Tribunal may attempt to mediate a settlement of any matter that is the subject of an application if the parties consent to the mediation.


Settlement may override Act

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


Exception

(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 is equal to the greater of,

    (a) a rent increase up to the maximum rent permitted under section 135;

    (b) the sum of the guideline and 4 per cent of the previous year's lawful rent.


Successful mediation

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


Hearing

(5) If there is no mediated settlement, the Tribunal shall hold a hearing. 1997, c. 24, s. 181.


Money paid to Tribunal

182. (1) The Tribunal may, subject to the regulations, require a respondent to pay a specified sum into the Tribunal within a specified time where the Tribunal considers it appropriate to do so.


Rules re money paid

(2) The Tribunal may establish procedures in its rules for the payment of money into and out of the Tribunal.


Refuse to consider evidence, money not paid

(3) The Tribunal may refuse to consider the evidence and submissions of a respondent if the respondent fails to pay the specified sum within the specified time. 1997, c. 24, s. 182.


Tribunal may refuse to proceed if money owing

182.1 (1) Upon receiving information that an applicant owes money to the Tribunal 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 Tribunal 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 Tribunal 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 Tribunal 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. 2000, c. 26, Sched. K, s. 6 (25).


Definition

(2) In subsection (1),
"fine, fee or costs" does not include money that is paid in trust to the Tribunal pursuant to an order of the Tribunal and that may be paid out to either the tenant or the landlord when the application is disposed of. 2000, c. 26, Sched. K, s. 6 (25).


Where Tribunal may dismiss

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


Same

(2) The Tribunal may dismiss a proceeding without holding a hearing if the Tribunal finds that the applicant filed documents that the applicant knew or ought to have known contained false or misleading information. 1997, c. 24, s. 183.


SPPA applies

184. (1) The Statutory Powers Procedure Act applies with respect to all proceedings before the Tribunal. 1997, c. 24, 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 137 or 143 or an application solely under paragraph 1 of subsection 138 (1). 1997, c. 24, s. 184 (2); 2001, c. 9, Sched. J, s. 4 (7).


Exception

(3) Subsection 5.1 (3) of the Statutory Powers Procedure Act does not apply to an application under section 137, 138 or 143. 2001, c. 9, Sched. J, s. 4 (8).


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Joinder and severance of applications


Applications joined

185. (1) Despite the Statutory Powers Procedure Act, the Tribunal may direct that two or more applications be joined or heard together if the Tribunal believes it would be fair to determine the issues raised by them together. 1997, c. 24, s. 185 (1); 2001, c. 9, Sched. J, s. 4 (9).


Applications severed

(2) The Tribunal may order that applications that have been joined be severed or that applications that had been ordered to be heard together be heard separately. 1997, c. 24, s. 185 (2).


Application severed

185.1 The Tribunal 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 173 in the application;

    (b) the application is made by more than one tenant under subsection 173 (2); or

    (c) the Tribunal believes it would be appropriate to deal separately with different matters included in the application. 2001, c. 9, Sched. J, s. 4 (10).


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Amendment and withdrawal of applications


Amend application

186. (1) An applicant may amend an application at any time in a proceeding on notice, with the consent of the Tribunal.


Withdraw application

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


Same, harassment

(3) An applicant may withdraw an application under paragraph 7 of subsection 32 (1) only with the consent of the Tribunal.


Same

(4) An applicant may withdraw an application after the hearing begins with the consent of the Tribunal. 1997, c. 24, s. 186.


Other powers of Tribunal

187. (1) The Tribunal may, before, during or after a hearing,

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

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

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

    (d) permit or direct a party to file additional evidence with the Tribunal which the Tribunal 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 Tribunal considers it appropriate to do so and if amending the application would not be unfair to any party. 1997, c. 24, s. 187 (1); 2000, c. 26, Sched. K, s. 6 (26).


Same

(2) In making its determination, the Tribunal may consider any relevant information obtained by the Tribunal 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. 1997, c. 24, s. 187 (2).


Same

(3) If a party fails to comply with a direction under clause (1) (d), the Tribunal 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. 1997, c. 24, s. 187 (3).


Parties may view premises with Tribunal

(4) If the Tribunal intends to view premises under clause (1) (e), the Tribunal shall give the parties an opportunity to view the premises with the Tribunal. 1997, c. 24, s. 187 (4).


Findings of Tribunal

188. In making findings on an application, the Tribunal 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. 1997, c. 24, s. 188.


Correction of deemed rent

189. In any application made under this Act in which rent for a rental unit is in issue, the Tribunal may correct an error in deeming the amount of rent, the date it took effect or the inclusion of a service in rent and may take into account the rent, the effective date or the service that ought to have been deemed if,

    (a) the amount of rent or date it took effect was deemed to be lawful or the service was deemed to be included in the rent by the operation of the Rent Control Act, 1992 or the Residential Rent Regulation Act; and

    (b) the Tribunal is satisfied that an error or omission in a document filed by a landlord or tenant led to the error in the deeming. 1997, c. 24, s. 189.


Conditions in order

190. (1) The Tribunal may include in an order whatever conditions it considers fair in the circumstances.


Order re costs

(2) The Tribunal may order a party to an application to pay the costs of another party.


Same

(3) The Tribunal may order that its costs of a proceeding be paid by a party or a paid agent or counsel to a party.


Same

(4) The amount of an order for costs shall be determined in accordance with the Rules. 1997, c. 24, s. 190.


Order payment

191. (1) The Tribunal 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."


Payment of order by instalments

(2) If the Tribunal 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 Tribunal 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.


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.


Same

(4) An order providing for monthly instalments shall not provide for more than 12 monthly instalments. 1997, c. 24, s. 191.


Default orders

192. (1) The Tribunal may make an order with respect to any of the following applications without holding a hearing if the application is not disputed:

    1. An application to terminate a tenancy or to evict a person, other than,

      i. an application based in whole or in part on a notice of termination under section 65, or

      ii. an application based in whole or in part on a notice of termination under subsection 62 (1) grounded on an illegal act, trade, business or occupation described in clause 62 (3) (a).

    2. A landlord's application for arrears of rent, compensation, damages or for the payment of money as a result of misrepresentation of income.

    3. A tenant's application under section 89 (compensation, overholding subtenant).

    4. A tenant's application under section 144 (money collected illegally).

    5. A tenant's application claiming that a landlord unreasonably withheld consent to an assignment or subletting of a rental unit. 1997, c. 24, s. 192 (1); 2000, c. 26, Sched. K, s. 6 (27).


Default order officer

(1.1) The Tribunal may designate one or more employees of the Tribunal as default order officers for the purposes of subsection (1.2). 2000, c. 26, Sched. K, s. 6 (28).


Delegation

(1.2) Despite subsection 157 (2), a default order officer may make an order under subsection (1) in accordance with the Rules. 2000, c. 26, Sched. K, s. 6 (28).


Deemed order of Tribunal

(1.3) An order made under subsection (1.2) shall be deemed to be an order of the Tribunal. 2000, c. 26, Sched. K, s. 6 (28).


Setting order aside

(2) The respondent may, within 10 days after the order is issued, make a motion to the Tribunal on notice to the applicant to have the order set aside. 1997, c. 24, s. 192 (2).


Same

(3) An order under subsection (1) is stayed when a motion to have the order set aside is received by the Tribunal and shall not be enforced under this Act or as an order of a court during the stay. 1997, c. 24, s. 192 (3).


Same

(4) The Tribunal may set aside the order if satisfied that the respondent was not reasonably able to participate in the proceeding and the Tribunal shall then proceed to hear the merits of the application. 1997, c. 24, s. 192 (4).


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Monetary jurisdiction; deduction of rent; interest


Monetary jurisdiction of Tribunal

193. (1) The Tribunal may, where it otherwise has the jurisdiction, order the payment to any given person of an amount of money up to $10,000 or the monetary jurisdiction of the Small Claims Court in the area where the residential complex is located, whichever is greater.


Same

(2) A person entitled to apply under this Act but whose claim exceeds the Tribunal's 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 Tribunal could have exercised if the proceeding had been before the Tribunal and within its monetary jurisdiction.


Same

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


Order may provide deduction from rent

(4) 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.


Same

(5) Nothing in subsection (4) limits the right of the tenant to collect at any time the full amount owing or any balance outstanding under the order.


Post-judgment interest

(6) The Tribunal may set a date on which payment of money ordered by the Tribunal 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. 1997, c. 24, s. 193.


Notice of decision

194. (1) The Tribunal shall send each party who participated in the proceeding, or the party's counsel or agent, a copy of its order, including the reasons if any have been given, in accordance with section 178.


Same

(2) Section 18 of the Statutory Powers Procedure Act does not apply to proceedings under this Act. 1997, c. 24, s. 194.


Order final, binding

195. Except where this Act provides otherwise, an order of the Tribunal is final, binding and not subject to review except under section 21.2 of the Statutory Powers Procedure Act. 1997, c. 24, s. 195.


Appeal rights

196. (1) Any person affected by an order of the Tribunal may appeal the order to the Divisional Court within 30 days after being given the order, but only on a question of law.


Tribunal to receive notice

(2) A person appealing an order under this section shall give to the Tribunal any documents relating to the appeal.


Tribunal may be heard by counsel

(3) The Tribunal is entitled to be heard by counsel or otherwise upon the argument on any issue in an appeal.


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 Tribunal with the opinion of the Divisional Court.


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. 1997, c. 24, s. 196.


Tribunal may appeal Court decision

197. The Tribunal is entitled to appeal a decision of the Divisional Court on an appeal of a Tribunal order as if the Tribunal were a party to the appeal. 1997, c. 24, s. 197.


Substantial compliance sufficient

198. Substantial compliance with this Act respecting the contents of forms, notices or documents is sufficient. 1997, c. 24, s. 198.


Electronic documents

198.1 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. 2000, c. 26, Sched. K, s. 6 (29).


Contingency fees, limitation

199. (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.


Same

(2) An agreement that provides for a fee prohibited by subsection (1) is void. 1997, c. 24, s. 199.


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