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:
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.