12 PART XI THE LANDLORD AND TENANT BOARD

Board

168. (1) The Ontario Rental Housing Tribunal is continued under the name Landlord and Tenant Board in English and Commission de la location immobilière in French. 2006, c. 17 s. 168 (1).

Board’s jurisdiction

168. (2) The Board has exclusive jurisdiction to determine all applications under this Act and with respect to all matters in which jurisdiction is conferred on it by this Act. 2006, c. 17 s. 168 (2).

Composition

169. (1) The members of the Board shall be appointed by the Lieutenant Governor in Council. 2006, c. 17 s. 169 (1).

Remuneration and expenses

169. (2) The members of the Board who are not public servants employed under Part III of the Public Service of Ontario Act, 2006 shall be paid the remuneration fixed by the Lieutenant Governor in Council and the reasonable expenses incurred in the course of their duties under this Act, as determined by the Minister. 2006, c. 17 s. 169 (2); 2006, c. 35, Sched. C, s. 118 (1).

Public servant members

169. (3) Members of the Board may be persons who are employed under Part III of the Public Service of Ontario Act, 2006. 2006, c. 17 s. 169 (3); 2006, c. 35, Sched. C, s. 118 (2).

Chair and vice-chair

170. (1) The Lieutenant Governor in Council shall appoint one member of the Board as Chair and one or more members as vice-chairs. 2006, c. 17 s. 170 (1).

Same

170. (2) The Chair may designate a vice-chair who shall exercise the powers and perform the duties of the Chair when the Chair is absent or unable to act. 2006, c. 17 s. 170 (2).

Chair, chief executive officer

170. (3) The Chair shall be the chief executive officer of the Board. 2006, c. 17 s. 170 (3).

Quorum

171. One member of the Board is sufficient to conduct a proceeding under this Act. 2006, c. 17 s. 171.

Conflict of interest

172. The members of the Board shall file with the Board a written declaration of any interests they have in residential rental property or in a non-profit housing co-operative, and shall be required to comply with any conflict of interest guidelines or rules of conduct established by the Chair. 2013, c. 3 s. 33.

Expiry of term

173. Despite section 4.3 of the Statutory Powers Procedure Act, if the term of office of a member of the Board who has participated in a hearing expires before a decision is given, the term shall be deemed to continue for four weeks, but only for the purpose of participating in the decision and for no other purpose. 2006, c. 17 s. 173.

Power to determine law and fact

174. The Board has authority to hear and determine all questions of law and fact with respect to all matters within its jurisdiction under this Act. 2006, c. 17 s. 174.

Members, mediators not compellable

175. No member of the Board or person employed as a mediator by the Board shall be compelled to give testimony or produce documents in a civil proceeding with respect to matters that come to his or her knowledge in the course of exercising his or her duties under this Act. 2006, c. 17 s. 175.

Rules and Guidelines Committee

176. (1) The Chair of the Board shall establish a Rules and Guidelines Committee to be composed of the Chair, as Chair of the Committee, and any other members of the Board the Chair may from time to time appoint to the Committee. 2006, c. 17 s. 176 (1).

Committee shall adopt rules

176. (2) The Committee shall adopt rules of practice and procedure governing the practice and procedure before the Board under the authority of this section and section 25.1 of the Statutory Powers Procedure Act. 2006, c. 17 s. 176 (2).

Committee may adopt guidelines

176. (3) The Committee may adopt non-binding guidelines to assist members in interpreting and applying this Act and the regulations made under it. 2006, c. 17 s. 176 (3).

Means of adoption

176. (4) The Committee shall adopt the rules and guidelines by simple majority, subject to the right of the Chair to veto the adoption of any rule or guideline. 2006, c. 17 s. 176 (4).

Make public

176. (5) The Board shall make its rules, guidelines and approved forms available to the public. 2006, c. 17 s. 176 (5).

Information on rights and obligations

177. (1) The Board shall provide information to landlords, tenants, non-profit housing co-operatives and members of non-profit housing co-operatives about their rights and obligations under this Act. 2013, c. 3 s. 34.

Definition

177. (2) In subsection (1),

“member” has the same meaning as in Part V.1. 2013, c. 3 s. 34.

Employees

178. Such employees as are considered necessary for the proper conduct of the affairs of the Board may be appointed under Part III of the Public Service of Ontario Act, 2006. 2013, c. 3 s. 35.

Professional assistance

179. The Minister may engage persons other than members of or employees in the Board to provide professional, technical, administrative or other assistance to the Board and may establish the duties and terms of engagement and provide for the payment of the remuneration and expenses of those persons. 2013, c. 3 s. 35.

Reports

Annual report

180. (1) At the end of each year, the Board shall file with the Minister an annual report on its affairs. 2006, c. 17 s. 180 (1).

Further reports and information

180. (2) The Board shall make further reports and provide information to the Minister from time to time as required by the Minister. 2006, c. 17 s. 180 (2).

Tabled with Assembly

180. (3) The Minister shall submit any reports received from the Board to the Lieutenant Governor in Council and then shall table them with the Assembly if it is in session or, if not, at the next session. 2006, c. 17 s. 180 (3).

Board may set, charge fees

181. (1) The Board, subject to the approval of the Minister, may set and charge fees,

(a) for making an application under this Act or requesting a review of an order under section 21.2 of the Statutory Powers Procedure Act;

(b) for furnishing copies of forms, notices or documents filed with or issued by the Board or otherwise in the possession of the Board; or

(c) for other services provided by the Board. 2006, c. 17 s. 181 (1).

Same

181. (2) The Board may treat different kinds of applications differently in setting fees and may base fees on the number of residential units affected by an application. 2006, c. 17 s. 181 (2).

Make fees public

181. (3) The Board shall ensure that its fee structure is available to the public. 2006, c. 17 s. 181 (3).

Fee waiver or deferral for low-income individuals

181.1 (1) The Board may, in accordance with the Rules, waive or defer all or part of a fee charged under section 181. 2013, c. 3 s. 36.

Purpose

181.1 (2) The purpose of subsection (1) is to authorize the Board to waive or defer fees charged under section 181 for low-income individuals in appropriate circumstances. 2013, c. 3 s. 36.

Fee refunded, review

182. A fee paid for requesting a review of an order under section 21.2 of the Statutory Powers Procedure Act may be refunded if, on considering the request, the Board varies, suspends or cancels the original order. 2013, c. 3 s. 37.

Money appropriated by Legislature

182.1 The money required for the purposes of the Board shall be paid out of the money appropriated for that purpose by the Legislature. 2013, c. 3 s. 38.

Status of money paid to Board

Revenues paid into CRF

182.2 (1) The revenues of the Board, other than money that is paid to the Board in trust under this Act, shall be paid into the Consolidated Revenue Fund. 2013, c. 3 s. 38.

Trust money to Board paid to Minister

182.2 (2) Despite Part I of the Financial Administration Act,

(a) the Board shall pay to the Minister money paid to the Board in trust under this Act; and

(b) the Minister may maintain in his or her name one or more accounts with an entity referred to in subsection 2 (2) of the Financial Administration Act, and place the money paid to the Minister under clause (a) into any of those accounts, subject to the same trusts on which the money was paid to the Board. 2013, c. 3 s. 38.

Payment out of money held in trust

182.2 (3) Where money has been paid to the Board in trust and no provision is made for paying it out elsewhere in this Act, it shall be paid out to the person entitled to receive it, together with interest at the prescribed rate. 2013, c. 3 s. 38.

Surplus interest

182.2 (4) Interest earned on money paid to the Board in trust that exceeds the interest earned at the prescribed rate vests in the Crown and shall be deposited in the Consolidated Revenue Fund. 2013, c. 3 s. 38.

No liability re interest above prescribed rate

182.2 (5) No claim shall be made for or on account of interest earned on money paid to the Board in trust under this Act that exceeds the interest earned on that money at the prescribed rate. 2013, c. 3 s. 38.

Definition

182.2 (6) In this section,

“money paid to the Board in trust” does not include fines, fees or costs paid to the Board. 2013, c. 3 s. 38.

Delegation of powers

182.3 (1) Any power conferred on the Minister under section 179 or 182.2 may be delegated by the Minister to the Chair or to a public servant employed under Part III of the Public Service of Ontario Act, 2006 and, when purporting to exercise a delegated power, the delegate shall be presumed conclusively to act in accordance with the delegation. 2013, c. 3 s. 38.

Subject to conditions, etc.

182.3 (2) A delegation under subsection (1) shall be in writing and may be subject to such limitations, conditions and requirements as are set out in it. 2013, c. 3 s. 38.

Subdelegation

182.3 (3) In a delegation under subsection (1), the Minister may authorize a person to whom a power is delegated to delegate to others the exercise of the delegated power, subject to such limitations, conditions and requirements as the person may impose. 2013, c. 3 s. 38.

Deeds and contracts

182.3 (4) Despite section 6 of the Executive Council Act, a deed or contract signed by a person empowered to do so under a delegation or subdelegation made under this section has the same effect as if signed by the Minister. 2013, c. 3 s. 38.