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FAQ's - Rental Appeals - Island Regulatory and Appeals Commission (IRAC),
Prince Edward Island, Canada
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Frequently Asked
Questions
Rental of Residential Property Act Appeals |
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1. |
How do I file an appeal with the Commission? |
You must file a
Notice
of Appeal
document. The portion of Notice of Appeal applicable to the Notice of Appeal document states:
21.0 Methods of
Filing
1. A
document may be filed with the Commission by any of the following
methods:
(a) delivering a
copy to the Commission office; (b) mailing a
copy to the Commission office; (c) transmitting
a copy to the Commission via fax or e-mail; or (d) such other
manner as the Commission may determine.
2. A document must
be filed with the Commission during business hours between 8:30 a.m.
and 4:00 p.m., every day except a holiday. A document received by
the Commission after 4:00 p.m. or on a holiday shall be deemed to
have been filed on the next day that is not a holiday.
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2. |
Can I appeal a decision of the Office of the Director of Residential
Rental Property (the Director)?
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Yes, you can appeal a decision of the Director
to the Island Regulatory and Appeals Commission (the Commission),
provided that:
(a) you appeared, or had been represented, at the hearing before the Director; and
(b) the Notice of Appeal is filed no later than 20 days after the date of the Order.
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3. |
I was not present, or represented, at the hearing
before the Director. Can I still appeal?
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No, you cannot. The Rental of Residential Property Act requires that you be present or represented at the hearing before the Director in order to be eligible for an appeal to the Commission.
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4. |
I received my Order from the Director in the mail today.
How is the 20 day appeal period calculated?
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Pursuant to subsection 33 (3) the
Rental of Residential Property Act:
"33 (3)
Where a document is delivered by
ordinary mail, it is deemed to have been delivered on the third day
after the date of mailing."
Example:
An Order from the Director is dated March 1st and was mailed
the same day.
It is
deemed to have been delivered by March 4th.
The 20 day appeal period begins on March 4th so the Notice of
Appeal must be filed by March 23rd.
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5. |
Does the 20 day appeal period include weekends and holidays?
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Yes, the 20 day appeal period does include
weekends and holidays.
If the last day for filing the Notice of Appeal falls either on a
weekend or a holiday, section 23 of the
Interpretation Act, states
as follows:
"23 (2)
Where the time for doing an act falls or expires on a holiday, the
time is extended to the next day that is not a holiday".
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6. |
Is there a cost to file an appeal?
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There is no charge to file a
Rental of Residential Property Act appeal with the Commission.
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7. |
Do I need to use the Commission's Notice of
Appeal form when I file an appeal?
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The Notice of Appeal form is required and must
be signed by you.
Using the
form will help you comply with the requirements of the notice of
appeal set out in section 25 of the
Rental of Residential Property Act.
A copy of the Notice of Appeal form in PDF format, can be obtained by clicking
here.
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8. |
Can I fax my completed Notice of Appeal to the
Commission?
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You may fax your signed Notice of Appeal to the
Commission.
The fax
number is (902) 566-4076.
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9. |
Can I email my completed Notice of Appeal form to
the Commission?
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Yes, you can email the
Notice of Appeal form to
info@irac.pe.ca. However you must ensure that the emailed
form is signed.
You may scan
a signed Notice of Appeal and email the scanned version.
If you email an unsigned but otherwise complete Notice of
Appeal, you must afterwards follow up with a signed Notice of Appeal
by fax, email or personal delivery.
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10. |
Can I send my completed Notice of Appeal to the
Commission by ordinary mail?
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Yes, but allow plenty of extra time for
delivery. Do not rely on typical or usual delivery times. If you
send your Notice of Appeal form to the Commission by ordinary mail,
you must accept the risk that the Commission may not receive your
Notice of Appeal within the 20 day appeal period and the Commission
will then be unable to hear your appeal.
If you are approaching the end of the 20 day appeal period,
personal delivery or faxing your signed and completed Notice of
Appeal form is crucial to preserve your right to appeal.
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11. |
I feel that a section of the
Rental of
Residential Property Act is unfair.
Can I still file an appeal?
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Yes, you may file an appeal; however, you must
be aware that the Commission does not have the legal authority to
change any provision of the
Act.
The Commission's role is to determine whether the
Act was
correctly applied when the Director made his/her decision.
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12. |
Do I need to inform the other party that I have
filed an appeal?
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You must serve all parties by providing them
with a copy of the Notice of Appeal. The process is described in
section 33 of the
Rental of Residential Property Act.
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13. |
If I file an appeal, does that stop the Sheriff
from taking possession of the rental premises?
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When you file an appeal, the Order from the
Director is briefly put in abeyance (on hold) until the
Commission makes its decision.
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14. |
How much time will it take for the Commission to
hear my appeal? |
As every appeal is different, the length of the appeal process
varies. However, section 25 (2) of the
Rental of Residential Property Act states:
"(2) Appeals made to the Commission shall be heard by
it within thirty days of receipt of the appeal."
It is strongly recommended that you start preparing your case
immediately as the hearing can take place within days of the Notice
of Appeal being filed.
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15. |
I have filed an appeal, so what is the next step? |
Commission staff will provide a copy of the
Notice of Appeal to the Director and the Director in turn will
provide Commission staff with a photocopy of the file.
A panel of Commissioners is selected
and a hearing date and time is set.
Commission staff will mail to both
parties a Notice of Appeal Hearing and a Proposed Exhibit List
(which consists of the file plus the Notice of Appeal).
A copy of these documents is also
provided to the panel.
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16. |
I have filed an appeal with the Commission
but I would like to see if the
other party and I could resolve our
differences.
Can the Commission help
with this?
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While Commission staff cannot provide
legal advice, the Commission encourages the parties to try to
resolve their differences prior to the hearing.
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17.
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Can I withdraw my appeal?
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You can withdraw your
appeal.
The withdrawal must be in writing,
signed and delivered to the Commission before the time and date
set by the Commission staff.
Commission staff will inform the
other party.
In withdrawing an appeal, please be
aware that the Order of the Director will be valid and can be
acted upon by the other party.
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18. |
What happens if I cannot appear at the Appeal
hearing in person?
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It is the Commission's preference for parties
to appear in person.
However, if circumstances warrant it, the Commission will allow a
party to participate by speakerphone.
Alternatively, you can have a person represent you at the
hearing.
Please contact
Commission staff prior to the hearing to discuss this matter in more
detail.
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19.
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What happens if I do not appear at the hearing?
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If you do not attend, or have a representative
appear on your behalf, the Commission may proceed in your absence.
If you filed the appeal, the Commission will
consider your non-appearance as an abandonment of the appeal and
will decide that the Director's Order is valid and in full force and
effect.
If you are responding to the appeal, there is
no statutory requirement for you to appear.
However, if you do not appear you will not be able to respond
to the evidence presented at the hearing, or provide evidence at the
hearing.
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20.
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How do I prepare for the hearing?
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Prior to the hearing, you should carefully
review the Notice of Appeal Hearing and Proposed Exhibit List
received from Commission staff to ensure that the file is complete.
You need to come prepared to the hearing with
all of the evidence you have that relates to your arguments.
If you intend to submit
further documentary evidence, please ensure that you have six copies
of each item for submission to the Commission.
Your witnesses should be made aware of the
date, time and location of the hearing.
In some cases, parties find it useful to
prepare a written summary of the evidence and arguments that they
wish to present at the hearing.
PLEASE NOTE:
The Commission is not an investigative body.
Any request by you to the Commission to contact a witness, or
seek out additional evidence, will not be granted.
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21. |
What if I have additional evidence that I want to present?
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A rental appeal to the Commission is an appeal by way of a re-hearing. The Commission will consider the evidence contained in the Proposed Exhibit List as well as new evidence presented by you. This evidence can take the form of oral testimony and documents (for example: receipts, printed photographs, letters, etc.).
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22.
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How is the hearing conducted?
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The hearing is conducted before a panel of at
least two Commissioners. It is recorded in order to ensure an
accurate record of the proceedings.
Parties and/or witnesses are
not permitted to record the
proceedings.
The Panel Chair's opening remarks will instruct
the parties as to the format of the hearing.
The format includes:
(a)
a
review of the Proposed List of Exhibits and hear any objections;
(b) all
parties and their witnesses will be sworn in or affirm their
testimony;
(c)
opening statements;
(d)
presentation of evidence and submission of further evidence;
(e)
cross-examination of parties and witnesses; and
(f)
closing statements.
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23.
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Do I need a lawyer to represent me on an appeal?
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You are not required to have a lawyer at a
Rental of Residential Property Act appeal.
However, you are entitled to hire a lawyer to advise or
represent you.
You are
responsible for paying your lawyer's fees.
The Canadian legal system recognizes
that a person has the right to legal representation when
appearing before a court or tribunal.
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24.
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How long will my hearing last?
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Most appeals take less than a complete morning.
It is important that parties prepare for the hearing in
advance and present evidence that only relates to the issue at hand.
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25.
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Is the hearing open to the
public?
Is it broadcast over the internet?
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All hearings before the Commission are open to
the public and a Notice of the hearing is posted on the Commission's
website.
Unlike some
other hearings heard by the Commission, appeal hearings under the
Rental of Residential Property Act are usually not broadcast on the
internet.
However, there
have been cases where the Commission has broadcast a hearing which
has a greater public interest.
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26.
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Can a witness testify in private?
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No. A witness presents his or her testimony at
the public hearing.
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27.
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Can I speak to,
or send mail or email to, the Commission panel members for my
appeal? |
During the
hearing, you may speak to the panel about relevant matters to your
appeal. However, it is not appropriate to contact the
Commission panel members outside
the hearing room. This is to avoid any possibility of bias or
impression of preferential treatment. You should contact
Commission staff if you need assistance or have questions. |
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28. |
The Commission heard my appeal a week ago and I just thought of something
important to add concerning my appeal. Can I send a letter containing this information to
the Commission? |
No, unless the Commission requests written submissions or further information
from the parties following the hearing, the Commission makes its decision based on the
evidence and submissions presented at the hearing. It is important to carefully prepare
for the hearing. |
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29. |
Can I get a transcript of the hearing?
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The Commission does not provide written
transcripts of its hearings.
However, on request, a digital recording of the hearing can
be provided at a nominal charge.
You may use this digital recording to obtain an official
transcript at your own expense.
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30.
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How long will I have to wait for the written
decision?
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The Commission strives to issue its written
decision within 30 days of the hearing.
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31.
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Does the Commission make its decisions available
to the public?
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Yes. All
Rental of Residential Property Act
appeal decisions are published on the Commission's website.
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32. |
What can I do if
I don't agree with the Commission's decision? |
You can appeal to the Supreme Court of Prince
Edward Island. Attached to the Commission's Order is a Notice
explaining the procedure to follow.
NOTICE
Sections 26.(2), 26.(3), 26.(4) and
26.(5) of the
Rental of Residential Property Act
provide as follows:
26.(2) A lessor or
lessee may, within fifteen days of the decision of the
Commission, appeal to the court on a question of law only.
(3) The rules of
court governing appeals apply to
an appeal under subsection (2).
(4) Where the
Commission has confirmed,
reversed or varied an order of
the Director and no appeal has
been taken within the time
specified in subsection (2), the
lessor or lessee may file the
order in the court.
(5) Where an order is
filed pursuant to subsection
(4), it may be enforced as if it
were an order of the court.
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Any questions relating to
the appeal process of the Supreme Court of
Prince Edward Island should be directed to the
Court.
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33.
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Whom can I contact at the Commission?
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If you have any questions concerning
Rental of Residential Property Act appeals, please contact:
Susan Jefferson Commission Administrator
5th Floor, National Bank Tower 134 Kent Street, PO Box 577
Charlottetown, PE C1A
7L1 Tel. (902) 892-3501 Or PEI toll-free @ 1-800-501-6268
Fax (902) 566-4076
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Last
Reviewed or Updated :
January 25, 2021
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