A Hearing is called by the Rental Officer under the provisions of Section 77 of the Residential Tenancies Act ("the Act").
The Rental Officer conducting the Hearing has been appointed under Section 72 of the Act and by Statutory Appointment of the Cabinet of the Government of Nunavut.
The purpose of the Hearing is to allow each party to present his/her case to the Rental Officer so that the Rental Officer can properly determine the facts of the matter and decide the issue in accordance with the law.
Some helpful information concerning the hearing:
1. You may speak for yourself at the Hearing or you may have someone speak for you. If you choose to have a lawyer appear on your behalf you will be responsible for your own legal costs.
2. The Hearing is called to deal only with the specific issues discussed in the application.
3. If you are making an allegation or an accusation against someone you should be prepared to demonstrate the validity of your allegation if it is disputed. You should have all necessary evidence with you at the Hearing as adjournments will not be granted without good cause.
4. Section 83(1) of the Act states that "after holding a Hearing and having regard to all of the circumstances, where the Rental Officer is satisfied that:
a) an Order or decision that could have been applied for is justified, he may make that Order or decision:
or
b) another Order or decision that could have been applied for is justified, he may make that Order or decision."
Section 83(2) of the Act states that "a Rental Officer may include in any Order or decision the terms and conditions he considers proper in all the circumstances."
5. Section 74(2) of the Act states that the "Rental Officer must give written reasons for any Order or decision issued, and a copy of the Order or decision and the reasons shall be served on the Landlord and Tenant affected.
6. The Order made by the Rental Officer may be filed in the Nunavut Court of Justice. The successful party may file the Order if the Order is to be enforced or monies collected through Garnishment or other enforcement methods. (Section 86 R.T.A.)
7. A Landlord or Tenant affected by an Order of a Rental Officer may, within fourteen (14) days after being served a copy of the Order, appeal the Order by Originating Notice to the Nunavut Court of Justice, as per Section 87 and following of the Act.
8. Should you require your Order or decision filed in another province or territory, the appropriate Reciprocal Enforcement of Judgements Act may need to be consulted. This process may require a lawyer as they are available to attend the Court where the Judgement is to be filed.
Procedure
When situations cannot be resolved amongst parties, filing an application with the Residential Tenancies Office is the next appropriate step. Below is an outline of what occurs once you’ve filed an application.
1. Complete the Application to a Rental Officer form
- Complete all sections of the form including name, address and telephone number of the Respondent (other party).
- Include as much information you feel is necessary to support your claim, include sections of the Residential Tenancies Act that you feel have been violated.
- Make copies for yourself and to serve on the Respondent (other party)
2. Forward a copy of the Application to a Rental Officer form to the Residential Tenancies Office by any of the following methods:
- In Person
- By Fax
- E-mail (scanned and included as an attachment)
- Canada Post
- Courier
3. There is no preference on the method of delivery to this office, but if the matter is urgent, you may wish to use a faster method.3. Serve a filed copy of the Application to a Rental Officer to the Respondent (other party) within 14 days of filing the application with the Residential Tenancies Office.This is mandatory and is required by the Residential Tenancies Act. If you do not serve the other party within 14 days you may have to start the process over.
4. If you are able to resolve the matter you can withdraw your Application to a Rental Officer at any time.
5. If the Rental Officer decides to hold a hearing, you should be aware that any Order or Decision by the Rental Officer is a legal order and is binding on both parties. The Rental Officer may or may not support your case and may rule in favour of the other party.
6. A landlord or tenant affected by an order of a Rental Officer may appeal the order with the Nunavut Court of Justice. All appeals must be filed within 14 days after the order is made.
7. If the other party does not comply by the order, you may file a copy of the order with the Nunavut Court of Justice. Please contact the Nunavut Court of Justice for more information.
If you fail to comply with an order or decision of a Rental Officer or violate section 91 of the Residential Tenancies Act, you could be found guilty of an offence and could be liable upon summary conviction to a fine not exceeding $2,000.
The Residential Tenancies Office was created by the Residential Tenancies Act
to help landlords and tenants by:
- Providing information
- Investigating problems and trying to work out a solution that works for both parties
- Holding hearings to listen to evidence
- Making orders to resolve problems between landlords and tenants
Most problems can be resolved quickly between the landlord and tenant, but some require adjudication. If you want the Rental Officer to help with your problem, you can make an application. An application form for both landlords and tenants can be found on this website.
- When your application is received, the Rental Officer can:
- Inquire into the matter, which may involve an inspection of the rental premises
- Talk to any person who might have relevant information
- Try to help the landlord and tenant work out the problem through mediation
- Hold a hearing to gather more information from both people
- Make an order that can be enforced by the Nunavut Court of Justice
The Rental Officer’s hearings are simple and are often held over the telephone. You do not need a lawyer, however you can hire one if you wish. If you get papers from the Residential Tenancies Office saying that there will be a hearing, you must attend.
If you do not attend the hearing, the Rental Officer could make a decision without hearing your side of the story. The Hearing Notice will explain where to attend the hearing and when it is scheduled. Remember to bring any relevant documents to support what you are saying.
If the hearing is by telephone, it is important that you either fax or e-mail your documents to the Residential Tenancies Office before the hearing starts. If you cannot attend the hearing, call the Residential Tenancies Office right away to ask for the hearing to be rescheduled.
If the Rental Officer makes an order or decision, you have to follow it. But if you believe that the order or decision is wrong, you can appeal to the Nunavut Court of Justice. You must file an appeal with the Nunavut Court of Justice within 14 days of receiving the order or decision, as well as provide a copy of the Notice to Appeal to the Rental Officer and the other party involved.
The Judge can decide whether to delay the order or decision until the appeal is heard. The Judge may hear any evidence during the appeal. The Judge can agree to allow the appeal and change or cancel the order or decision, or the Judge could dismiss your appeal.
You contact us at:
Residential Tenancies Office
1106 Inuksugait Plaza (4th Floor)
P.O. Box 1000, Station 590
Iqaluit, Nunavut
X0A 0H0
Phone: (867) 975-6314
Toll Free: 1 -(844) 975-6314
Fax: (867) 975-6367
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
