The LTB s Rules of Practice set out the procedural rules that must be followed under the Residential Tenancies Act, 2006 (the RTA ).

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1 THE LANDLORD AND TENANT BOARD'S RULES OF PRACTICE There are two parts to the Rules of Practice of the Landlord and Tenant Board ( LTB ). Part I is the Social Justice Tribunals Ontario (SJTO) Common Rules, which also apply in other tribunals within SJTO. Part II is the Landlord and Tenant Board Specific Rules which apply only within the LTB. Both parts should be read together. The LTB s Rules of Practice set out the procedural rules that must be followed under the Residential Tenancies Act, 2006 (the RTA ). Landlord and Tenant Board's Rules of Practice Table of Contents I) Social Justice Tribunals Ontario Common Rules Introduction... 3 How to Use These Rules... 3 A1 Application... 4 A2 Definitions... 4 A3 Interpretation... 4 A4 Tribunal Powers... 4 A5 Accommodation of Human Rights Code Related Needs... 4 A6 Language... 4 A7 Courtesy and Respect... 5 A8 Abuse of Process... 5 A9 Representatives... 5 A10 Litigation Guardians... 5 II) Landlord and Tenant Board Specific Rules R1 General Rules... 8 R2 Initiative of the LTB... 9 R3 Communications with the LTB... 9 R4 Computation of Time R5 Serving a Document on Another Party R6 Filing Documents with the LTB... 13

2 R7 French Language Services R8 Application Screening Rules R9 Refusing to Accept or Proceed with an Application R10 Service of Application and Notice of Hearing R11 Certificates of Service R12 Rescheduling a Hearing R13 Mediation by the LTB R14 Settlements Reached Without LTB Mediation R15 Extending and Shortening Time R16 Amending Applications R17 Withdrawing an Application R18 Serving an Application R19 Disclosure Rules R20 Pre-Hearing Conferences R21 Electronic Hearings R22 Written Hearings R23 Requiring a Witness to Attend a Hearing R24 Restricting Public Access to the Hearing R25 Record of Proceedings R26 Orders and Reasons R27 Ordering Costs to a Party or LTB Costs R28 Amending an Order R29 Review of Orders R30 Order Void or Stayed R31 Paying Money Into and Out of the LTB R32 Legal Representatives Acting as Advocates & Witnesses in the Same Proceeding R33 The L1/L9 Information Update as of the Hearing Day R34 Non Profit Housing Co-operatives R35 Fee Waiver R36 Case Management Hearings Appendix A: ServiceOntario Centres Appendix B: Witness Fees July 1, 2015 Page 2

3 I) SOCIAL JUSTICE TRIBUNALS ONTARIO COMMON RULES Introduction Social Justice Tribunals Ontario (SJTO) is a cluster of seven adjudicative tribunals with a mandate to resolve applications and appeals under eight statutes relating to child and family services oversight, youth justice, human rights, residential tenancies, disability support and other social assistance, and special education. The SJTO is committed to providing quality dispute resolution across the cluster including ensuring that its procedures are transparent and understandable. Identifying common procedures and values across the SJTO and, where appropriate, harmonizing those procedures improves access to justice and fosters consistency in the application of fundamental principles of fairness. These Common Rules are grounded in the core adjudicative values and principles of the SJTO which govern the work of the cluster. The Common Rules provide a consistent overarching framework of common procedures that will continue to evolve. How to Use These Rules 1. The SJTO Common Rules apply to all cases in any SJTO tribunal and form part of the rules and procedures of each tribunal. 2. For more specific rules please refer to the rules and procedures of: Child and Family Services Review Board Custody Review Board Human Rights Tribunal Landlord and Tenant Board Ontario Special Education Tribunal English Ontario Special Education Tribunal French Social Benefits Tribunal July 1, 2015 Page 3

4 PART A - ADJUDICATIVE VALUES AND INTERPRETIVE PRINCIPLES A1 A2 Application The Common Rules apply to the proceedings of the SJTO. The Common Rules form part of the rules of each SJTO tribunal. Definitions "rules and procedures" includes rules, practice directions, policies, guidelines and procedural directions; "tribunal" means any SJTO tribunal or board. A3 A4 A5 A6 Interpretation A3.1 The rules and procedures of the tribunal shall be liberally and purposively interpreted and applied to: (b) (c) promote the fair, just and expeditious resolution of disputes, allow parties to participate effectively in the process, whether or not they have a representative, ensure that procedures, orders and directions are proportionate to the importance and complexity of the issues in the proceeding. A3.2 Rules and procedures are not to be interpreted in a technical manner. A3.3 Rules and procedures will be interpreted and applied in a manner consistent with the Human Rights Code. Tribunal Powers A4.1 The tribunal may exercise any of its powers at the request of a party, or on its own initiative, except where otherwise provided. A4.2 The tribunal may vary or waive the application of any rule or procedure, on its own initiative or on the request of a party, except where to do so is prohibited by legislation or a specific rule. Accommodation of Human Rights Code Related Needs A5.1 A party, representative, witness or support person is entitled to accommodation of Human Rights Code Related Needs by the tribunal and should notify the tribunal as soon as possible if accommodation is required. Language A6.1 Individuals may provide written materials to the tribunal in either English or French. A6.2 Individuals may participate in tribunal proceedings in English, French, American Sign Language (ASL) or Quebec Sign Language (QSL). A6.3 A person appearing before the tribunal may use an interpreter. Interpretation services will be provided, upon request, in accordance with tribunal policy. July 1, 2015 Page 4

5 A7 A8 A9 Courtesy and Respect A7.1 All persons participating in proceedings before or communicating with the tribunal must act in good faith and in a manner that is courteous and respectful of the tribunal and other participants in the proceeding. Abuse of Process A8.1 The tribunal may make such orders or give such directions in proceedings before it as it considers proper to prevent abuse of its processes. A8.2 Where the tribunal finds that a person has persistently instituted vexatious proceedings or conducted a proceeding in a vexatious manner, the tribunal may find that person to be a vexatious litigant and dismiss the proceeding as an abuse of process for that reason. It may also require a person found to be a vexatious litigant to obtain permission from the tribunal to commence further proceedings or take further steps in a proceeding. Representatives A9.1 Parties may be self-represented, represented by a person licensed by the Law Society of Upper Canada or by an unlicensed person where permitted by the Law Society Act and its regulations and by-laws. A9.2 Individuals representing a party before a tribunal have duties to both the tribunal and the party they are representing. Representatives must provide contact information to the tribunal and be available to be contacted promptly. Representatives are responsible for conveying tribunal communications and directions to their client. Representatives should be familiar with tribunal rules and procedures, communicate the tribunal's expectations to their client, and provide timely responses to the other parties and the tribunal. A9.3 Where a representative begins or ceases to act for a client, the representative must immediately advise the tribunal and the other parties in writing, and provide up-to-date contact information for the party and any new representative. Where a representative ceases to act for a client the tribunal may issue directions to ensure fairness to all parties and to prevent undue delay of proceedings. A9.4 The tribunal may disqualify a representative from appearing before it where the representative's continued appearance would lead to an abuse of process. A10 Litigation Guardians A10.1 This Rule applies where a person seeks to be a litigation guardian for a party. It does not apply where no litigation guardian is required as a result of the nature of the proceeding. A10.2 Persons are presumed to have the mental capacity to manage and conduct their case and to appoint and instruct a representative. July 1, 2015 Page 5

6 Litigation Guardian Declarations A10.3 A litigation guardian for a minor under the age of 18 is required to file a signed declaration in the form designated by the tribunal, confirming: (b) (c) (d) (e) (f) (g) the litigation guardian's consent to serve in this role; the minor s date of birth; the nature of the relationship to the minor; that any other person with custody or legal guardianship of the minor has been provided with a copy of the materials in the proceeding and a copy of the SJTO practice direction on litigation guardians; that the litigation guardian has no interest that conflicts with those of the person represented; an undertaking to act in accordance with the responsibilities of a litigation guardian as set out in Rule A10.8; and that the litigation guardian is at least 18 years of age and understands the nature of the proceeding. A10.4 A litigation guardian for a person who lacks mental capacity to participate in the tribunal proceeding must file a signed declaration in the form designated by the tribunal, confirming: (b) (c) (d) (e) (f) (g) (h) (i) the litigation guardian's consent to serve in this role; the nature of the litigation guardian's relationship to the person represented; reasons for believing that the person is not mentally capable of participating in the proceeding; the nature and extent of the disability causing the mental incapacity; that no other person has authority to be the person s litigation guardian in the proceeding; that any person who holds power of attorney or guardianship for the person for other matters has been provided with a copy of the materials in the proceeding and a copy of the SJTO practice direction on litigation guardians; that the litigation guardian has no interest that conflicts with the interests of the person represented; an undertaking to act in accordance with the responsibilities of a litigation guardian as set out in Rule A10.8; and that the litigation guardian is at least 18 years of age and understands the nature of the proceeding. Naming and Removing a Litigation Guardian A10.5 Upon the filing of a complete declaration as required by this Rule and unless refused or removed by the Tribunal, the person may act as litigation guardian for the party. A10.6 The Tribunal will review the declaration and may direct submissions by the parties on whether the litigation guardian should be refused pursuant to Rule A10.7. July 1, 2015 Page 6

7 A10.7 Upon review of the declaration, or at any later time in the proceeding, the Tribunal may refuse or remove a litigation guardian on its own initiative or at the request of any person because: (b) (c) (d) (e) (f) the litigation guardian has an interest that conflicts with the interests of the person represented; the appointment conflicts with the substitute decision making authority of another person; the person has capacity to conduct or continue the proceeding; the litigation guardian is unable or unwilling to continue in this role; a more appropriate person seeks to be litigation guardian; or no litigation guardian is needed to conduct the proceeding. Responsibilities of Litigation Guardians A10.8 A litigation guardian shall diligently attend to the interests of the person represented and shall take all steps necessary for the protection of those interests including: (b) (c) (d) to the extent possible, informing and consulting with the person represented about the proceedings; considering the impact of the proceeding on the person represented; deciding whether to retain a representative and providing instructions to the representative; and assisting in gathering evidence to support the proceeding and putting forward the best possible case to the tribunal. A10.9 No one may be compensated for serving as a litigation guardian unless provided for by law or a pre-existing agreement. A10.10 When a minor who was represented by a litigation guardian turns 18, the role of the litigation guardian will automatically end. July 1, 2015 Page 7

8 II) LANDLORD AND TENANT BOARD SPECIFIC RULES R1 General Rules In applications under Part V.1 of the RTA (Non-Profit Housing Co-operatives): tenant means member ; (b) tenancy means occupancy and a tenancy means an occupancy ; (c) landlord means non-profit housing co-operative ; (d) rental unit means member unit ; (e) residential complex means "a building or related group of buildings in which one or more member units are located and includes all common areas and services and facilities available for the use of its residents; (f) rent means regular monthly housing charges. Legislation: Section 4 of the Statutory Powers Procedure Act (the SPPA ) Section 183 of the Residential Tenancies Act, 2006 (the RTA ) 1.1 Removed and replaced. Please see SJTO Common Rules. 1.2 Where a provision of the RTA or the SPPA, or of a regulation under either of them, applies directly to a particular issue, that provision will determine the issue, regardless of any Rule to the contrary. If there is any situation in which one of these Rules would produce one result, but a specific provision of the RTA, the regulations or the SPPA would produce a different result, the legislation or regulations would apply. In other words, the RTA, the SPPA and the regulations prevail over these Rules. 1.3 Where something is not provided for in these Rules, the practice may be decided by referring to a similar provision in these Rules. These Rules cannot deal with every situation. This Rule contemplates that an LTB Member would seek guidance from other Rules on analogous subjects in deciding how to proceed. 1.4 Removed and replaced. Please see SJTO Common Rules. 1.5 Where the LTB waives a Rule, it shall give reasons for doing so in the order or decision. Please also see SJTO Common Rules. 1.6 After the application is filed, a party may waive service by the LTB or by another party of a Notice of Hearing or any other document. Under subsection 4(1) of the SPPA, a party may waive any procedural requirement of the governing legislation. This Rule deals with only some of the procedural requirements to which subsection 4(1) would apply. It deals with a situation such as scheduling the hearing of a set aside motion, which will be heard very quickly if the landlord agrees to waive service of the Notice of Hearing. There are other rules in the RTA and in the Rules which require the LTB to give a document to a party after July 1, 2015 Page 8

9 the application has begun. Parties are allowed to waive service of these documents because they wish to expedite the proceedings or because they have been advised of them at the hearing or by telephone. R2 Initiative of the LTB Legislation: Sections 16.1, 23 and 25.1 of the Statutory Powers Procedure Act (the SPPA ) A number of provisions in the SPPA authorize the LTB to take procedural steps without a request from a party. For example, under section 16.1, the LTB may make any interim decision or order in the proceedings, and impose conditions on the decision or order. Under section 23, the LTB may make orders or directions which are proper to prevent abuse of its process. 2.1 Removed and replaced. Please see the SJTO Common Rules. 2.2 The LTB may decide the procedure to be followed for an application and may make specific procedural directions or orders at any time and may impose such conditions as are appropriate and fair. LTB Members should make procedural directions or orders to assist the parties and bring the proceedings to a fair and expeditious conclusion. The LTB Member may decide that a procedural ruling should be made only with specific conditions, so long as those conditions are fair to all parties. For example, an adjournment may be granted, but the LTB Member may require that the respondent pay a sum of money into the LTB, or order that one party pay another party s costs, or direct that there may not be an adjournment of the next hearing date, except in the most extraordinary circumstances. R3 Communications with the LTB 3.1 A party shall not attempt to speak directly to an LTB Member outside the hearing. The principle is that no party should give any evidence or submissions to a decisionmaker, except in the presence of the other parties at a hearing to avoid the perception of bias. Ordinarily, any communication with the LTB in the absence of the other parties will have to be through an employee of the LTB. However, an LTB Member has the discretion to permit a party to speak to the LTB Member in the hearing room in the absence of the other parties in limited circumstances relating to procedural matters only. For example, if a party attends the hearing on the day scheduled for the hearing after the matter has been disposed of in the party s absence, an LTB Member may still allow the party to explain in the hearing room why they were unable to attend on time. 3.2 The LTB may direct a party or representative communicating with the LTB to provide a copy or notice of the communication to each other party. July 1, 2015 Page 9

10 In some cases, a communication with the LTB should be disclosed to the other party. For example, if a party tells LTB staff that an adjournment will be requested in advance of the hearing, they may be ordered to tell the other party. [The party should use one of the methods of service permitted by section 191 of the RTA or Rule 5.1, unless the LTB specifies another method.] R4 Computation of Time Legislation: Section 193 of the Residential Tenancies Act, 2006 (the RTA ) Sections such as 44, 59, 77 and 116 have deadlines for certain actions Related Rules: Many Rules have deadlines for which it is necessary to count days. Section 193 of the RTA provides that: "Time shall be computed in accordance with the Rules." It is important that parties understand the way in which the LTB will count days in order to know the deadlines for giving documents to other parties such as applications and motions, and filing other documents with the LTB, etc. These Rules are also important for landlords to understand since they apply to deadlines not related to an application, such as the time for giving a notice of termination or a notice of rent increase. 4.1 Subject to Rule 1.2, the time between two events is computed by excluding the day on which the first event occurs and including the day on which the second event occurs. For example, if a landlord is counting 14 days that are required between the date a notice of termination will be given to a tenant, and the date of termination to be set out in the notice, they would not count the date the notice will be given (the first event ) but will include the proposed date of termination (the second event ). All weekend days and other holidays are counted. Thus, a notice given on the 10th of the month could be effective as early as the 24th. Business Days and Non-Business Days 4.2 The following days are referred to as non-business days in these Rules: Saturday or Sunday; (b) a day proclaimed by the Governor General or Lieutenant Governor as a public holiday; (c) New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, the civic holiday in August, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day and Boxing Day; (d) if New Year's Day, Canada Day or Remembrance Day fall on a Saturday or Sunday, the following Monday; and (e) if Christmas Day falls on a Saturday or Sunday, then the following Monday and Tuesday, and if on a Friday, then the following Monday. July 1, 2015 Page 10

11 A business day is a day that the LTB is open to the public for the filing of documents and conducting its business. This definition of non-business days is provided to assist the understanding of the following Rules. 4.3 If the time limit for filing a notice or document falls on a non-business day, the notice or document may be filed on the next business day. For example, the deadline for filing a motion to set aside an ex parte order is ten days after the date the order is issued. Where the 10-day deadline falls on a Saturday or Sunday, the motion may be filed on the following Monday. 4.4 A notice or document may be given to another person on a non-business day and, in the case of a notice, it may become effective on a non-business day. A party is permitted to give a document to another party on a non-business day. For example, a notice may be served on a Saturday, and days are counted from the Sunday. If the days counted to compute the effective date of a notice were to end on a Sunday, it would be effective on that day, even though it is a non-business day. This is somewhat different than the rules of court, but they recognize that some documents given under the RTA do not relate to proceedings, but to such situations as giving a notice of termination or a notice of rent increase. 4.5 Despite Rule 1.5, Rules 4.1 to 4.4 may not be waived or varied. Rule 1.5 allows the LTB to waive or vary any of these Rules in the circumstances of the application. However, the Rules concerning computation of time cannot be waived by the LTB in any circumstances. R5 Serving a Document on Another Party Legislation: Section 191 of the Residential Tenancies Act, 2006 (the RTA ) Related Rules: Rules 4.1 to 4.5 (Computation of Time) Rules 10.1 to 10.8 (Serving the Application or Motion & Notice of Hearing) Rules 11.1 to 11.4 (Certificates of Service) Section 191 of the RTA provides that a party may give another person a document by various means listed in subsection (1), including handing it to the person, mailing it to them, leaving it in a mail box or a place where mail is ordinarily delivered. It refers to giving a document to a person rather than a party because it includes all documents mentioned in the RTA, such as notices of termination and rent increase, which are not related to applications when they are given. Clause 191(1)(g) deems any other means allowed in the Rules to be sufficient service of the document. These Rules also set out when a document is considered to have been given to another person, depending upon the method of service used. For service by mail, subsection 191(3) of the RTA provides that service is effective five days after mailing. Other Permitted Methods of Service July 1, 2015 Page 11

12 5.1 A person may give a notice or document to another person by any of the following methods: by courier to that person; (b) if there is a fax machine where the person carries on business or in the residence of the person, by fax; (c) for service on a person who occupies the rental unit, by placing it under the door of the unit or through a mail slot in the door; (d) for service on a tenant of a notice under section 27of the RTA, by any permitted method of service or posting it on the door of the rental unit; (e) (f) if the document is an application or was created after the application was filed, by hand delivery, mail, courier or fax to the representative for a party; or if the document is an application or was created after the application was filed, by any method directed or permitted by the LTB in writing. Where a notice or document is given by a method other than the methods of service permitted by subsection 191(1) of the RTA or this rule, that notice or document will be deemed to have been validly given if it is proven that the information in the notice or document came to the attention of the person for whom it was intended. LTB Permitting Other Methods of Service 5.2 The LTB may give written directions to a party, either on its own initiative or at that party s request, regarding one or both of the following: who shall be served with the application or any other document; or (b) how an application or document shall be served. If a party is unsure about how the requirements of the RTA should be interpreted in a particular case, they may ask in writing for the LTB to issue written directions. The party may also want directions because they have had difficulty in serving documents on another party according to the methods permitted by the RTA and these Rules. Such a party may ask in writing that the LTB issue written directions to serve the documents by another method, as permitted by Rule 5.1. Finally, the LTB may, on its own initiative, direct service on additional parties who should have been served or direct the method of service if there has been some problem to date. Using Courier Delivery 5.3 If a notice or document is delivered to another person by courier, it is deemed to be given on the day following the day it was given to the courier but, if that is a non-business day, it is deemed to be given on the next business day. This Rule recognizes that couriers usually deliver documents the next day. If the party who mailed the document can prove that the other party received it earlier than the deemed date, see Rule 5.6. For example, if a party paid for same day courier service, and the delivery occurred on the same day the document was given to the courier, it would be found to be given that day. July 1, 2015 Page 12

13 Using Xpresspost 5.4 A notice or document given by Xpresspost is deemed to be given by mail. Using Fax Although Xpresspost is marketed as a courier-like service, a notice or document given by this method is deemed to be given by mail. Subsection 191(3) of the RTA specifies that a notice or document that is given by mail is deemed to have been given on the fifth day after mailing. 5.5 If a notice or document is given to another person by fax, it will be found to be given on the date imprinted on the fax. If a fax is received by 11:59 P.M. on Monday, it will be found to have been given on Monday. After midnight, it will be found to be given on Tuesday. Earlier Receipt 5.6 If the person who gave a notice or document to another person can prove that the person received it on an earlier date than the date deemed by the RTA or these Rules, the LTB will find that it was given on the earlier date. This Rule would apply if, at a hearing, the date of service is an issue. If the other party admits receiving the document earlier than five days after mailing, this would be accepted. If the party who gave the document can show in some other way that the other party received it earlier, the earlier date may be accepted. R6 Filing Documents with the LTB Legislation: Subsection 192(1) of the Residential Tenancies Act, 2006 (the RTA ) Related Rules: Rules 4.1 to 4.5 (Computation of Time) Subsection 192(1) of the RTA states that: "A notice or document is sufficiently given to the LTB, (b) (c) by hand delivering it to the LTB at the appropriate office as set out in the Rules; by sending it by mail to the appropriate office as set out in the Rules; or by any other means allowed in the Rules. 6.1 A document may be delivered in person to any LTB office or to a ServiceOntario Centre that accepts service on behalf of the LTB. For example, an application may be filed in person with the Toronto South Regional Office, even if the address to which it relates falls within the area that is the responsibility of the Toronto North Regional Office. The offices at which filing is permitted include all LTB offices. July 1, 2015 Page 13

14 A document delivered to a ServiceOntario Centre that accepts service on behalf of the LTB is considered filed under section 185 (under the authority of clause 192(1)(c) of the RTA). A ServiceOntario Centre is an office of the Ontario government which provides a wide range of general information about many ministries in one location. To determine if a ServiceOntario Centre accepts service on behalf of the LTB, call or toll free at This information is also available online at A document that is filed by mail, courier or fax shall be sent to the Regional Office responsible for the area in which the residential complex referred to in the document is located. A party should send a document to the LTB office that is processing or will process the application. Sending the document to any other office is sufficient according to Rule 6.3, but the best practice is to send it to the correct office, avoiding possible delays or filing errors. This Rule recognizes courier and fax as acceptable methods of filing under clause 192(1)(c) of the RTA. 6.3 A document is sufficiently given if sent by mail, courier or fax to any other office of the LTB, but not to a ServiceOntario Centre. While the best practice, as contemplated by Rule 6.2, is to file documents with the office responsible for their processing, the LTB will forward the documents to the responsible Regional Office as quickly as possible if they are sent to another office. Documents should not, however, be sent by mail, courier or fax to a ServiceOntario Centre. When a Document is Considered Received 6.4 If a party files a document by mail addressed to an LTB office, it is deemed to be filed on the fifth day following the day it was mailed or, if that is a non-business day, the next business day. Subsection 192(2) of the RTA provides that a notice or document given by mail to the LTB shall be deemed to have been given on the fifth day after mailing or, if earlier, the date it is actually received. The LTB may not waive a provision in the RTA. For example, if a document was mailed to the LTB on the 7th of the month, but was not delivered until the 20th, it is considered received on the 12th. This Rule clarifies that the five days is computed taking into account whether or not the fifth day is a business day. A business day is a day that is not a weekend day or statutory holiday (see Rule 4.2). In the example, if the 12th was a Saturday, the document would be considered filed on the 14th (Monday). However, if the document was actually received earlier, it would be found to be received on the earlier date (see subsection 192(2) of the RTA). 6.5 If a document is filed by fax into an LTB office, it will be considered received on the date imprinted by the fax machine. For example, if a document was received by fax at 11:59 P.M. on March 3rd, it will be considered to be received on March 3rd. However, it is the responsibility of the person filing the document to ensure that the fax transmission was in fact received by the LTB. No faxes should be sent to ServiceOntario Centres. July 1, 2015 Page 14

15 R7 French Language Services Legislation: The French Language Services Act (the FLSA ) The FLSA sets out general requirements for the provision of French language services in the province of Ontario. This Rule sets out the LTB s practice regarding its provision of these services. 7.1 Removed and replaced. Please see SJTO Common Rules. 7.2 Removed and replaced. Please see SJTO Common Rules. 7.3 Where a party is entitled to French language services, they must inform the LTB in writing as soon as possible before the hearing that they require French language services at the hearing. It is important for parties who intend to request French language services at an LTB hearing to do so as quickly as possible, so that the necessary arrangements can be made for an interpreter. 7.4 Where a party makes a request at a hearing for French language services, the LTB Member at the hearing will decide how to proceed. Where a party fails to request French language services until the day of the hearing, it will be up to the LTB to decide whether or not to adjourn the hearing to a later date so that arrangements can be made for an interpreter. 7.5 Removed and replaced. Please see SJTO Common Rules. 7.6 Where a party is entitled to and requests French language services at a LTB proceeding, the LTB will schedule a proceeding in French within a reasonable time. 7.7 Where a French-speaking Member or Hearing Officer is not available within a reasonable time, the LTB may schedule an English-speaking Member or Hearing Officer to conduct a proceeding, and will arrange for the services of an interpreter. When a party makes a request for French language services, the LTB attempts to schedule a proceeding in French. However, it is not always possible to provide this level of service within a reasonable time from the date the application was filed. In such cases, the LTB will schedule an English-speaking Member or Hearing Officer to conduct a proceeding and will ensure that an interpreter is present to assist the parties and the LTB Member or Hearing. 7.8 The LTB will provide all of its correspondence and decisions in French to a party who is entitled to and has requested French language services. Where a party has requested French language services, the LTB will ensure that the party receives all correspondence initiated by the LTB with respect to the application in French, including a French translation of the LTB s decision. July 1, 2015 Page 15

16 7.9 The LTB will not translate documents that are filed by parties or their representatives from French to English, nor from English to French Where a document is filed in either English or French, the LTB may order the person to also provide it in the other language, translated by a qualified translator at the person s expense, if the LTB considers it necessary for the fair determination of the matter. Where the LTB determines that it is necessary for a party to provide a translation of a document they have filed, the LTB should consider that the services of a certified translator can be quite costly. Where a party uses the services of an uncertified translator, however, the LTB may need to determine whether the translation is adequate. R8 Application Screening Rules Legislation: Section 185 of the Residential Tenancies Act, 2006 (the RTA ) Staff of the LTB will check applications when they are filed and inform the applicant if the application is incomplete, or if they note any errors that may potentially invalidate the application; the applicant will decide how they want to proceed. Although staff will review applications, it is always the applicant s responsibility to ensure that their application is complete, accurate and in compliance with the RTA. Ultimately it will be up to the LTB Member hearing the application to decide whether or not the application is valid. Applications that will be Refused 8.1 Where the RTA requires an application, other than an application made under section 126, to be accompanied by prescribed information, staff will not accept the application if the prescribed information is not filed at the same time. Subsection 185(1) of the RTA requires that an application be accompanied by the prescribed information. If the prescribed information is not filed along with the application, the application is not properly filed and it will be returned. The only exception is for applications for an above guideline rent increase, made under section 126 of the RTA. Staff will not check these applications for the required information before the application is filed. The process staff will follow is set out in Rules and below. 8.2 Staff will not accept a landlord s application for compensation for arrears, damages and/or misrepresentation of income where the landlord has indicated that the tenant is not in possession of the rental unit. An application for the payment of arrears (s.87), compensation for damages (s.89) and compensation for misrepresentation of income (s.90) can only be made to the LTB if the tenant is still in possession of the rental unit at the time the application is filed. July 1, 2015 Page 16

17 8.3 Staff will not accept an application to terminate the tenancy and evict the tenant for non-payment of rent if the application is being filed on or before the termination date in the landlord s notice of termination. The RTA states that an application to terminate a tenancy and evict a tenant cannot be made until the day following the termination date specified in the notice. If the application is filed on or before the termination date, it will be returned to the landlord and the landlord informed of the earliest date that they can file the application. 8.4 Staff will not accept an application to terminate the tenancy and evict the tenant based on a notice of termination under section 62, 64 or 67 of the RTA if the application is made before the seven-day remedy period specified in the notice expires. Where a notice of termination gives the tenant a seven-day period to remedy the notice, the application to terminate the tenancy and evict the tenant cannot be made before the 8th day. An application that is filed before the seven-day remedy period expires will be returned. 8.5 Staff will not accept an application to terminate the tenancy and evict the tenant if it is filed later than 30 days after the termination date specified in the notice, unless it is an application based on the tenant s failure to pay rent. Applications for an Above Guideline Rent increase (s.126 of the RTA) Staff will check an application made under section 126 to ensure that the landlord has included the following: (i) (ii) a completed application Form L5 Application for a Rent Increase Above the Guideline Order; if the application includes a claim under s.126(1)1: (b) a completed Schedule 1 Details of Operating Costs supporting documents (iii) if the application includes a claim under s.126(1)2: (b) (c) (d) (e) (f) three copies of a completed Schedule 2 Details of Capital Expenditures; three copies of a completed Information about Rental Units in the Complex form three copies of completed Capital Expenditures: Additional Details forms two additional copies of the L5 application form three copies of any supporting documents for the application a compact disk containing the information filed with the application in portable document format (iv) if the application includes a claim under s.126(1)3 (b) a completed Schedule 1 Details of Operating Costs supporting documents July 1, 2015 Page 17

18 Although staff will check the application to ensure that the necessary forms have been filled out and that supporting documents have been filed, they will not check to confirm that there are supporting documents for each cost claimed, nor will they confirm any of the amounts claimed by the landlord against the supporting documents. Further, staff will not check for calculation errors If the information listed in Rule is missing from an application made under section 126 of the RTA, staff will send the applicant a letter that: (i) (ii) lists the information that is missing, and informs the applicant that a hearing will not be scheduled until the missing information is received. After a landlord files an application for an above guideline rent increase, staff will check the application to ensure that the information set out in Rule has been filed. If anything is missing, staff will let the applicant know in writing. The LTB will not schedule a hearing for an application for an above guideline rent increase until all the required material has been filed. Applications with Potential Errors 8.6 Unless the application is made under section 126 of the RTA, staff will inform the applicant of any information that is missing or that may be inaccurate and give them an opportunity to correct or complete the information before the application is considered filed. These errors include errors or incomplete information in the name and address of the parties and rental unit; not clearly indicating which grounds are being applied for; clerical errors in calculating the amounts claimed in the application and the application not being signed. This rule does not apply to applications for an above guideline rent increase. The process LTB staff will follow for this type of application is set out in Rules and above. 8.7 If there is a potential error which may invalidate the Notice of Termination, staff will contact the applicant and ask them how they wish to proceed. (b) Staff will return an application by mail if the applicant does not inform the LTB how they wish to proceed within one business day from the time they were contacted. If a landlord filed an application by fax, mail or courier and an error is noted that could invalidate the Notice of Termination, staff will call the landlord to inform them of this error and ask them how they wish to proceed. If staff are unable to reach the landlord, they will leave a message explaining the error and asking that the landlord contact the LTB by the end of the following business day. Staff will also inform the landlord that if they do not do so, the application will be returned. 8.8 If the notice of termination specifies a termination date that is not at least the number of days required by the RTA for that type of notice, this error is considered to potentially invalidate the notice. July 1, 2015 Page 18

19 For example, if a termination notice is given for non-payment of rent, the termination date for a daily or weekly tenancy must be at least 7 days and 14 days for monthly or yearly tenancies. These types of timeframes cannot be extended by the LTB and thus, if the landlord has specified a termination date that is less than the number of days required, the notice would be invalid. 8.9 In addition to rule 8.8, other errors that potentially invalidate a notice of termination for non-payment of rent given under section 59 of the RTA may include: Failing to identify the tenant of the rental unit; (b) Failing to identify the rental unit; (c) Indicating an amount other than rent in the total amount the tenant owes; (d) Indicating inconsistent amounts that the tenant owes within the notice; (e) (f) Incorrectly calculating the amounts the tenant owes (in the table explaining how the arrears owing were calculated); Failing to sign or fill in the landlord s or agent s name in the signature field of the notice form; (g) Failing to provide contact information for the landlord or agent Errors that could potentially invalidate a notice of termination for reasons other than non-payment of rent under the RTA may include: Failing to identify the tenant of the rental unit; (b) Failing to identify the rental unit; (c) Failing to indicate the reason for termination on a notice form that has more than one reason; (d) Failing to provide any details in the notice of termination where the form requires details explaining the reason to be provided; (e) (f) Failing to give complete information in the notice as to how the tenant can remedy the problem where the notice of termination is under section 62, 64 or 67 of the RTA; Failing to sign or fill in the landlord s or agent s name in the signature field of the notice form; (g) Failing to provide contact information for the landlord or agent Notwithstanding Rules 8.6 to 8.10, it will always be the applicant s decision whether or not to make any changes to the application or file it as is Notwithstanding Rules 8.1 to 8.10, the applicant is ultimately responsible for ensuring that the application is complete, accurate and in compliance with the RTA. July 1, 2015 Page 19

20 R9 Refusing to Accept or Proceed with an Application Legislation: Section 196 of the Residential Tenancies Act, 2006 (the RTA ) Where the LTB learns of an applicant s failure to pay any fine, fee or costs payable to the LTB on or before the date that person submits a new application, section 196 of the RTA states that staff may refuse to accept the application in such circumstances as may be specified in the Rules. This Rule defines the circumstances where such refusal is appropriate. Where the LTB learns of an applicant s failure to pay any fee, fine or costs before a hearing has been held, the RTA states that the proceeding shall be stayed until the fee, fine or costs have been paid. Where the LTB learns of the applicant s failure to pay after a hearing has been held, the order shall not be issued until the fee, fine or costs have been paid. In addition to these provisions, the RTA allows the LTB to discontinue an application in such circumstances as may be specified in the Rules. These Rules establish those circumstances. 9.1 If an applicant has failed to pay to the LTB any fine, fee or costs, staff shall refuse to accept any new application from that person until the fine, fee or costs have been paid unless the issues raised in the new application are of an urgent nature. Although the RTA enables LTB staff to refuse to accept a new application from an applicant who has failed to pay a fee, fine or costs to the LTB, if the new application appears urgent staff will accept it. An application might be viewed as urgent if, for example, it deals with conduct which seriously impairs the safety of the landlord or other tenants or if it has been filed in an attempt to regain entry into a rental unit where the locks have been changed illegally. 9.2 With respect to Rule 9.1, applications for the following orders are not urgent: termination of a tenancy and eviction of a tenant under s. 69 due to rent arrears; (b) termination of a membership and eviction of a member under s due to nonpayment of housing charges; or (c) payment of arrears under s Where an employee of the LTB has accepted an application pursuant to Rule 9.1, the LTB may determine that the issues raised in the application are not sufficiently urgent to have justified accepting it, and: shall stay the proceeding, (b) shall inform the parties by notice that the applicant must pay the full amount owing by a specified date, not later than 15 days after the notice is issued, and (c) may discontinue the application if the full payment is not made by the specified date. Although staff may accept a new application from an applicant who owes money to the LTB in accordance with Rule 9.1, an LTB Member may find that the issues are not urgent. The LTB Member may make this finding with or without inviting submissions from the parties. Where the LTB Member finds that the application should not have been accepted, they will stay the proceeding and give the applicant a deadline by which July 1, 2015 Page 20

21 to pay the outstanding monies. Where the applicant fails to pay by the deadline, the LTB may discontinue the application. 9.4 Where the LTB learns that the applicant has failed to pay a fine, fee or costs before a hearing is commenced, the LTB shall inform the parties by notice that: the proceeding is stayed, (b) a hearing will not be held unless the applicant pays the fee, fine or costs by a specified date not later than 15 days after the notice is issued, and (c) the application may be discontinued if the full payment is not made by the specified date. This Rule limits the amount of time the LTB will hold on to a pending application once it is learned that the applicant owes money to the LTB as a result of their failure to pay a fine, fee or costs. The impact of the applicant s failure to pay, on both the LTB and the respondent, is such that reasonable measures must be taken promptly to ensure that the outstanding debt is satisfied before the application can proceed. 9.5 Where a hearing is commenced and the LTB learns, before the hearing is completed or before an order is issued, that the applicant has failed to pay a fine, fee or costs, the LTB: shall stay the proceeding, (b) shall inform the parties by notice that the hearing will not conclude or an order will not be issued unless the applicant pays the full amount owing by a specified date, not later than 15 days after the notice is issued, and (c) may discontinue the application if the full payment is not made by the specified date. Because an adjournment may result in a hearing being held over a number of days, it is possible that the LTB will learn that an applicant owes money to the LTB after the hearing has begun but before it is completed. In such cases, the LTB will stay the proceeding and give the applicant a deadline to pay the outstanding fee, fine or costs and may discontinue the application where the full amount is not paid by the specified deadline. 9.6 Where an applicant has failed to pay an outstanding fine, fee or costs by the deadline specified by the LTB, the LTB may discontinue the application without refunding the filing fee unless discontinuing the application would be inappropriate in the particular circumstances. The deadline specified by the LTB provides the applicant with a reasonable amount of time to pay the outstanding fine, fee or costs to the LTB. Although the LTB may discontinue the application where full payment is not received by the deadline, the LTB may decide that this would be inappropriate in light of the circumstances of the applicant(s) or respondent(s). July 1, 2015 Page 21

22 R10 Service of Application and Notice of Hearing 10.1 The LTB will serve the Notice of Hearing together with an application, motion, or request, and any relevant information sheets attached to the Notice of Hearing, on all parties within the times in the Rules The LTB may order the party filing the application, motion or request to serve a copy of the document together with the Notice of Hearing and any attached information sheets, on all other parties, specifically each respondent and all other applicants, in the following circumstances: a) the application asks for an above guideline rent increase; b) the application asks to vary the amount of a rent reduction; c) the application has been amended; d) the LTB has granted the party s request to shorten the time for service of the application, motion or request; e) the issues in dispute on the application, motion or request are time sensitive; f) the LTB is unable to send the application, motion or request to the other parties; or g) the LTB determines that an order for service by the filing party is fair, just and expeditious. Time for LTB Ordered Service Applications 10.3 Unless the LTB directs otherwise, where a party is ordered to serve an application and Notice of Hearing, service must be done as soon as possible, as required below: a) an application for an above guideline rent increase, transfer of a care home tenant or varying the amount of a rent reduction must be served at least 30 days before the hearing date on the Notice of Hearing; b) an application to end the tenancy and evict the tenant for any of the grounds listed below must be served at least 5 days before the hearing date on the Notice of Hearing: 1. impairing safety, 2. illegal act involving drugs, 3. wilful damage, 4. interference with reasonable enjoyment in a small building where the landlord lives in the building, or, 5. failure to vacate the superintendent unit. c) a tenant s rights application alleging illegal lockout or denial of access to possessions after eviction by the Sheriff must be served at least 5 days before the hearing date on the Notice of Hearing; or, d) all other applications must be served at least 10 days before the hearing date on the Notice of Hearing. July 1, 2015 Page 22