13 PART XII BOARD PROCEEDINGS

Definitions

182.4 In this Part, “housing charges”, “member” and “regular monthly housing charges” have the same meanings as in Part V.1. 2013, c. 3 s. 39.

Expeditious procedures

183. The Board shall adopt the most expeditious method of determining the questions arising in a proceeding that affords to all persons directly affected by the proceeding an adequate opportunity to know the issues and be heard on the matter. 2006, c. 17 s. 183.

SPPA applies

184. (1) The Statutory Powers Procedure Act applies with respect to all proceedings before the Board. 2006, c. 17 s. 184 (1).

Exception

184. (2) Subsection 5.1 (2) of the Statutory Powers Procedure Act does not apply with respect to an application under section 132 or 133 or an application solely under paragraph 1 of subsection 126 (1). 2006, c. 17 s. 184 (2).

Exception

184. (3) Subsection 5.1 (3) of the Statutory Powers Procedure Act does not apply to an application under section 126, 132 or 133. 2006, c. 17 s. 184 (3).

Form of application

185. (1) An application shall be filed with the Board in the form approved by the Board, shall be accompanied by the prescribed information and shall be signed by the applicant. 2006, c. 17 s. 185 (1).

Application filed by representative

185. (2) An applicant may give written authorization to sign an application to a person representing the applicant under the authority of the Law Society Act and, if the applicant does so, the Board may require such representative to file a copy of the authorization. 2006, c. 17 s. 261 (3).

Combining applications

186. (1) A tenant may combine several applications into one application. 2006, c. 17 s. 186 (1).

Same

186. (2) Two or more tenants of a residential complex may together file an application that may be filed by a tenant if each tenant applying in the application signs it. 2006, c. 17 s. 186 (2).

Same

186. (3) A landlord or a non-profit housing co-operative may combine several applications relating to a given tenant or member into one application, but a landlord may not combine an application for a rent increase with any other application. 2013, c. 3 s. 40.

Parties

187. (1) The parties to an application are the landlord, or the non-profit housing co-operative, and any tenants, or members of the non-profit housing co-operative, or other persons directly affected by the application. 2013, c. 3 s. 41.

Add or remove parties

187. (2) The Board may add or remove parties as the Board considers appropriate. 2013, c. 3 s. 41.

Service

Service of application

188. (1) An applicant to the Board shall give the other parties to the application a copy of the application within the time set out in the Rules. 2006, c. 17 s. 188 (1).

Service of notice of hearing

188. (2) Despite the Statutory Powers Procedure Act, an applicant shall give a copy of any notice of hearing issued by the Board in respect of an application to the other parties to the application. 2006, c. 17 s. 188 (2).

Certificate of service

188. (3) A party shall file with the Board a certificate of service in the form approved by the Board in the circumstances set out in the Rules. 2006, c. 17 s. 188 (3).

Repeal of section 188

Note: On a day named by proclamation of the Lieutenant Governor, section 188 is repealed and the following substituted:

Notice by Board

188. (1) The Board shall do the following with respect to an application made to the Board:

1. Give the parties other than the applicant a copy of the application within the time set out in the Rules.

2. In such circumstances as may be prescribed, give the prescribed parties such documents or information as may be prescribed. 2011, c. 6, Sched. 3, s. 1.

Exception

188. (2) This section does not apply with respect to an application that can be made without notice. 2011, c. 6, Sched. 3, s. 1.

See: 2011, c. 6, Sched. 3, ss. 1, 4 (2).

Notice by Board

189. (1) Where an application is made to the Board, the Board shall notify the respondent in writing that an application has been made and, where possible, shall provide the respondent with information relating to the hearing and such other information as is prescribed. 2006, c. 17 s. 189 (1).

Exception

189. (2) Subsection (1) does not apply in the circumstances prescribed. 2006, c. 17 s. 189 (2).

Repeal of section 189

Note: On a day named by proclamation of the Lieutenant Governor, section 189 is repealed and the following substituted:

Notice from applicant

189. (1) Instead of doing what would otherwise be required under paragraph 1 of subsection 188 (1), the Board may, in the circumstances set out in the Rules, order the applicant to give a copy of the application to the other parties. 2011, c. 6, Sched. 3, s. 1.

Same

189. (2) Despite the Statutory Powers Procedure Act, the Board may, in the circumstances set out in the Rules, order the applicant to give a copy of any notice of hearing issued by the Board to the other parties. 2011, c. 6, Sched. 3, s. 1.

Certificate of service

(3) Where an order is made under subsection (1) or (2), the applicant shall, in the circumstances set out in the Rules, file with the Board a certificate of service in the form approved by the Board. 2011, c. 6, Sched. 3, s. 1.

See: 2011, c. 6, Sched. 3, ss. 1, 4 (2).

Board may extend, shorten time

190. (1) The Board may extend or shorten the time requirements related to making an application under section 126, subsection 159 (2) or section 226 in accordance with the Rules. 2006, c. 17 s. 190 (1).

Same

190. (2) The Board may extend or shorten the time requirements with respect to any matter in its proceedings, other than the prescribed time requirements, in accordance with the Rules. 2006, c. 17 s. 190 (2).

How notice or document given

191. (1) A notice or document is sufficiently given to a person other than the Board,

(a) by handing it to the person;

(b) if the person is a landlord, by handing it to an employee of the landlord exercising authority in respect of the residential complex to which the notice or document relates;

(c) if the person is a tenant, subtenant or occupant, by handing it to an apparently adult person in the rental unit;

(d) by leaving it in the mail box where mail is ordinarily delivered to the person;

(e) if there is no mail box, by leaving it at the place where mail is ordinarily delivered to the person;

(f) by sending it by mail to the last known address where the person resides or carries on business; or

(g) by any other means allowed in the Rules. 2006, c. 17 s. 191 (1).

Same, Part V.1

191. (1.1) Despite subsection (1), for the purposes of Part V.1, a notice or document is sufficiently given to a person other than the Board,

(a) by handing it to the person;

(b) by handing it to an apparently adult person in the member unit;

(c) by leaving it in the mail box where mail is ordinarily delivered to the person;

(d) if there is no mail box, by sliding it under the door of the member unit or through a mail slot in the door or leaving it at the place where mail is ordinarily delivered to the person;

(e) by sending it by mail to the last known address where the person resides or carries on business;

(f) if the person is a non-profit housing co-operative,

(i) by delivering it personally or sending it by mail to,

(A) the head office of the co-operative as shown on the records of the Ministry of Finance, or

(B) the co-operative’s business office, or

(ii) by handing it to a manager or co-ordinator of the co-operative exercising authority in respect of the residential complex, as defined in Part V.1, to which the notice or document relates; or

(g) by any other means allowed in the Rules. 2013, c. 3 s. 42.

When notice deemed valid

191. (2) A notice or document that is not given in accordance with this section shall be deemed to have been validly given if it is proven that its contents actually came to the attention of the person for whom it was intended within the required time period. 2006, c. 17 s. 191 (2).

Mail

191. (3) A notice or document given by mail shall be deemed to have been given on the fifth day after mailing. 2006, c. 17 s. 191 (3).

How notice or document given to Board

192. (1) A notice or document is sufficiently given to the Board,

(a) by hand delivering it to the Board at the appropriate office as set out in the Rules;

(b) by sending it by mail to the appropriate office as set out in the Rules; or

(c) by any other means allowed in the Rules. 2006, c. 17 s. 192 (1).

Same

192. (2) A notice or document given to the Board by mail shall be deemed to have been given on the earlier of the fifth day after mailing and the day on which the notice or the document was actually received. 2006, c. 17 s. 192 (2).

Time

193. Time shall be computed in accordance with the Rules. 2006, c. 17 s. 193.

Board may mediate

194. (1) The Board may attempt to mediate a settlement of any matter that is the subject of an application or agreed upon by the parties if the parties consent to the mediation. 2006, c. 17 s. 194 (1).

Settlement may override Act

194. (2) Despite subsection 3 (1) and subject to subsection (3), a settlement mediated under this section may contain provisions that contravene any provision under this Act. 2006, c. 17 s. 194 (2).

Restriction

194. (3) The largest rent increase that can be mediated under this section for a rental unit that is not a mobile home or a land lease home or a site for either is equal to the sum of the guideline and 3 per cent of the previous year’s lawful rent. 2006, c. 17 s. 194 (3).

Successful mediation

194. (4) If some or all of the issues with respect to an application are successfully mediated under this section, the Board shall dispose of the application in accordance with the Rules. 2006, c. 17 s. 194 (4).

Hearing

194. (5) If there is no mediated settlement, the Board shall hold a hearing. 2006, c. 17 s. 194 (5).

Money paid to Board

195. (1) Where the Board considers it appropriate to do so, the Board may, subject to the regulations,

(a) require a respondent to pay a specified sum into the Board within a specified time; or

(b) permit a tenant who is making an application for an order under paragraph 1 of subsection 29 (1) to pay all or part of the rent for the tenant’s rental unit into the Board. 2006, c. 17 s. 195 (1).

Rules re money paid

195. (2) The Board may establish procedures in the Rules for the payment of money into and out of the Board. 2006, c. 17 s. 195 (2).

No payment after final order

195. (3) The Board shall not, under subsection (1), authorize or require payments into the Board after the Board has made its final order in the application. 2006, c. 17 s. 195 (3).

Effect of failure to pay under cl. (1) (a)

195. (4) If a respondent is required to pay a specified sum into the Board within a specified time under clause (1) (a) and fails to do so, the Board may refuse to consider the evidence and submissions of the respondent. 2006, c. 17 s. 195 (4).

Effect of payment under cl. (1) (b)

195. (5) Payment by a tenant under clause (1) (b) shall be deemed not to constitute a default in the payment of rent due under a tenancy agreement or a default in the tenant’s obligations for the purposes of this Act. 2006, c. 17 s. 195 (5).

Board may refuse to proceed if money owing

196. (1) Upon receiving information that an applicant owes money to the Board as a result of having failed to pay any fine, fee or costs,

(a) if the information is received on or before the day the applicant submits an application, an employee in the Board shall, in such circumstances as may be specified in the Rules, refuse to allow the application to be filed;

(b) if the information is received after the application has been filed but before a hearing is held, the Board shall stay the proceeding until the fee, fine or costs have been paid and may discontinue the application in such circumstances as may be specified in the Rules;

(c) if the information is received after a hearing with respect to the application has begun, the Board shall not issue an order until the fine, fee or costs have been paid and may discontinue the application in such circumstances as may be specified in the Rules. 2006, c. 17 s. 196 (1); 2013, c. 3 s. 43 (1).

Definition

196. (2) In subsection (1),

“fine, fee or costs” does not include money that is paid in trust to the Board pursuant to an order of the Board and that may be paid out to any party when the application is disposed of. 2013, c. 3 s. 43 (2).

Where Board may dismiss

197. (1) The Board may dismiss an application without holding a hearing or refuse to allow an application to be filed if, in the opinion of the Board, the matter is frivolous or vexatious, has not been initiated in good faith or discloses no reasonable cause of action. 2006, c. 17 s. 197 (1).

Same

197. (2) The Board may dismiss a proceeding without holding a hearing if the Board finds that the applicant filed documents that the applicant knew or ought to have known contained false or misleading information. 2006, c. 17 s. 197 (2).

Joinder and severance of applications

Applications joined

198. (1) Despite the Statutory Powers Procedure Act, the Board may direct that two or more applications be joined or heard together if the Board believes it would be fair to determine the issues raised by them together. 2006, c. 17 s. 198 (1).

Applications severed

198. (2) The Board may order that applications that have been joined be severed or that applications that had been ordered to be heard together be heard separately. 2006, c. 17 s. 198 (2).

Application severed

199. The Board may order that an application be severed and each severed part dealt with as though it were a separate application under this Act if,

(a) two or more applications are combined under section 186 in the application;

(b) the application is made by more than one tenant under subsection 186 (2); or

(c) the Board believes it would be appropriate to deal separately with different matters included in the application. 2006, c. 17 s. 199.

Amendment and withdrawal of applications

Amend application

200. (1) An applicant may amend an application to the Board in accordance with the Rules. 2006, c. 17 s. 200 (1).

Withdraw application

200. (2) Subject to subsection (3), an applicant may withdraw an application at any time before the hearing begins. 2006, c. 17 s. 200 (2).

Same, harassment

200. (3) An applicant may withdraw an application under paragraph 4 of subsection 29 (1) only with the consent of the Board. 2006, c. 17 s. 200 (3).

Same

200. (4) An applicant may withdraw an application after the hearing begins with the consent of the Board. 2006, c. 17 s. 200 (4).

Other powers of Board

201. (1) The Board may, before, during or after a hearing,

(a) conduct any inquiry it considers necessary or authorize an employee in the Board to do so;

(b) request a provincial inspector or an employee in the Board to conduct any inspection it considers necessary;

(c) question any person, by telephone or otherwise, concerning the dispute or authorize an employee in the Board to do so;

(d) permit or direct a party to file additional evidence with the Board which the Board considers necessary to make its decision;

(e) view premises that are the subject of the hearing; or

(f) on its own motion and on notice to the parties, amend an application if the Board considers it appropriate to do so and if amending the application would not be unfair to any party. 2006, c. 17 s. 201 (1); 2013, c. 3 s. 44.

Same

201. (2) In making its determination, the Board may consider any relevant information obtained by the Board in addition to the evidence given at the hearing, provided that it first informs the parties of the additional information and gives them an opportunity to explain or refute it. 2006, c. 17 s. 201 (2).

Same

201. (3) If a party fails to comply with a direction under clause (1) (d), the Board may,

(a) refuse to consider the party’s submissions and evidence respecting the matter regarding which there was a failure to comply; or

(b) if the party who has failed to comply is the applicant, dismiss all or part of the application. 2006, c. 17 s. 201 (3).

Parties may view premises with Board

201. (4) If the Board intends to view premises under clause (1) (e), the Board shall give the parties an opportunity to view the premises with the Board. 2006, c. 17 s. 201 (4).

Findings of Board

202. (1) In making findings on an application, the Board shall ascertain the real substance of all transactions and activities relating to a residential complex or a rental unit and the good faith of the participants and in doing so,

(a) may disregard the outward form of a transaction or the separate corporate existence of participants; and

(b) may have regard to the pattern of activities relating to the residential complex or the rental unit. 2006, c. 17 s. 202.

Exception

202. (2) Subsection (1) does not apply to an application made under Part V.1. 2013, c. 3 s. 45.

Determinations related to housing assistance

203. The Board shall not make determinations or review decisions concerning,

(a) eligibility for rent-geared-to-income assistance as defined in section 38 of the Housing Services Act, 2011 or the amount of geared-to-income rent payable under that Act; or

(b) eligibility for, or the amount of, any prescribed form of housing assistance. 2006, c. 17 s. 203; 2011, c. 6, Sched. 1, s. 188 (3).

Determinations related to non-profit housing co-operative housing charges

203.1 The Board shall not make determinations or review decisions in respect of non-profit housing co-operatives concerning,

(a) housing charges that have been established by a resolution of the members of a non-profit housing co-operative or, where authorized by the by-laws of the co-operative, by the board of directors of the co-operative;

(b) eligibility for, or the amount of, any subsidy established for the regular monthly housing charges; or

(c) eligibility for, or the amount of, any subsidy awarded to a member. 2013, c. 3 s. 46.

Conditions in order

204. (1) The Board may include in an order whatever conditions it considers fair in the circumstances. 2006, c. 17 s. 204 (1).

Order re costs

204. (2) The Board may order a party to an application to pay the costs of another party. 2006, c. 17 s. 204 (2).

Same

204. (3) The Board may order that its costs of a proceeding be paid by a party or the party’s paid representative. 2006, c. 17 s. 204 (3); 2006, c. 17 s. 261 (4).

Same

204. (4) The amount of an order for costs shall be determined in accordance with the Rules. 2006, c. 17 s. 204 (4).

Same

204. (5) Subsections (2) to (4) apply despite section 17.1 of the Statutory Powers Procedure Act. 2006, c. 17 s. 204 (5).

Order payment

205. (1) The Board may include in an order one of the following provisions:

1. “The landlord or the tenant shall pay to the other any sum of money that is owed as a result of this order.”

2. “The non-profit housing co-operative or the member shall pay to the other any sum of money that is owed as a result of this order.” 2013, c. 3 s. 47.

Payment of order by instalments

205. (2) If the Board makes an order for a rent increase above the guideline and the order is made three months or more after the first effective date of a rent increase in the order, the Board may provide in the order that if a tenant owes any sum of money to the landlord as a result of the order, the tenant may pay the landlord the amount owing in monthly instalments. 2006, c. 17 s. 205 (2).

Same

205. (3) If an order made under subsection (2) permits a tenant to pay the amount owing by instalments, the tenant may do so even if the tenancy is terminated. 2006, c. 17 s. 205 (3).

Same

205. (4) An order providing for monthly instalments shall not provide for more than 12 monthly instalments. 2006, c. 17 s. 205 (4).

Agreement to settle matter

206. (1) Where a landlord has made an application under section 69 for an order terminating a tenancy and evicting the tenant based on a notice of termination under section 59 or an application for payment of arrears of rent, or both, the Board may make an order including terms of payment without holding a hearing if,

(a) the parties have reached a written agreement resolving the subject-matter of the application;

(b) the agreement has been signed by all parties; and

(c) the agreement is filed with the Board before the hearing has commenced. 2006, c. 17 s. 206 (1).

Contents of order

206. (2) In an order under subsection (1), the Board may, based on the agreement reached by the parties, order,

(a) payment of any arrears and NSF cheque charges or related administration charges that are owing;

(b) payment of the fee paid by the landlord for the application to the Board; and

(c) payment of any rent that becomes due during the period in which the arrears are required to be paid. 2006, c. 17 s. 206 (2).

Restriction

206. (3) In an order under subsection (1), the Board shall not order that the tenancy be terminated or include a provision allowing for an application under section 78. 2006, c. 17 s. 206 (3).

Request by landlord

206. (4) A landlord may file a request to reopen the application if the tenant fails to comply with the terms of the order and shall, in the request, indicate which terms were not complied with and the manner in which the tenant failed to meet the terms of the order. 2006, c. 17 s. 206 (4).

Request by landlord or tenant

206. (5) A landlord or tenant may file a request to reopen the application within 30 days after the order was made on the basis that the other party coerced them or deliberately made false or misleading representations which had a material effect on the agreement and the order issued under subsection (1). 2006, c. 17 s. 206 (5).

Timing

206. (6) A request under subsection (4) shall not be made later than 30 days after a failure of the tenant to meet a term of the order. 2006, c. 17 s. 206 (6).

Copy of request, notice of hearing

206. (7) The party filing the request must give the other parties to the application a copy of the request to reopen the application and the notice of hearing within the time set out in the Rules. 2006, c. 17 s. 206 (7).

Condition

206. (8) If a request to reopen is made under subsection (4), the Board shall not proceed to hear the merits of the application unless the Board is satisfied that the tenant failed to comply with a term of the order. 2006, c. 17 s. 206 (8).

Same

206. (9) If a request to reopen is made under subsection (5), the Board shall not proceed to hear the merits of the application unless the Board is satisfied that there was coercion or deliberate false or misleading representations which had a material effect on the agreement and the order issued under subsection (1). 2006, c. 17 s. 206 (9).

Application to non-profit housing co-operatives

206. (10) Where a non-profit housing co-operative has made an application under section 94.7 for an order terminating the occupancy of a member unit and evicting the member based on a notice of termination under paragraph 3 of subsection 94.2 (1) or has made that application and has also applied at the same time for payment of arrears of regular monthly housing charges, the Board may make an order including terms of payment without holding a hearing if,

(a) the parties have reached a written agreement resolving the subject matter of the application;

(b) the agreement has been signed by all parties; and

(c) the agreement is filed with the Board before the hearing has commenced. 2013, c. 3 s. 48.

Same

206. (11) Subsections (2) to (9) apply with necessary modifications to an application under subsection (10) and for that purpose,

(a) “tenant” shall be read as “member”;

(b) “landlord” shall be read as “non-profit housing co-operative”;

(c) “tenancy” shall be read as “occupancy” and “a tenancy” shall be read as “an occupancy”;

(d) “rent” shall be read as “the regular monthly housing charges”; and

(e) “section 78” shall be read as “section 94.11”. 2013, c. 3 s. 48.

Hearing officers

206.1 (1) The Board may designate one or more employees in the Board as hearing officers for the purposes of this section to exercise the powers and duties of the Board as its delegate. 2011, c. 6, Sched. 3, s. 2; 2013, c. 3 s. 49.

Powers of hearing officer

206.1 (2) Subject to any restrictions in the regulations, a hearing officer may do the following with respect to an application described in subsection (3):

1. Hold a hearing.

2. Make an order that the Board could make, including an order made other than in connection with a hearing. 2011, c. 6, Sched. 3, s. 2.

Applications

206.1 (3) The applications with respect to which subsection (2) applies are the following:

1. An application for which the respondent does not appear at the time scheduled for the hearing.

2. An application specified in the Rules. 2011, c. 6, Sched. 3, s. 2.

Order of Board

206.1 (4) An order made by a hearing officer under paragraph 2 of subsection (2) is an order of the Board for the purposes of this Act. 2011, c. 6, Sched. 3, s. 2.

Monetary jurisdiction; deduction of rent; interest

Monetary jurisdiction of Board

207. (1) The Board may, where it otherwise has the jurisdiction, order the payment to any given person of an amount of money up to the greater of $10,000 and the monetary jurisdiction of the Small Claims Court. 2006, c. 17 s. 207 (1).

Same

207. (2) A person entitled to apply under this Act but whose claim exceeds the Board’s monetary jurisdiction may commence a proceeding in any court of competent jurisdiction for an order requiring the payment of that sum and, if such a proceeding is commenced, the court may exercise any powers that the Board could have exercised if the proceeding had been before the Board and within its monetary jurisdiction. 2006, c. 17 s. 207 (2).

Same

207. (3) If a party makes a claim in an application for payment of a sum equal to or less than the Board’s monetary jurisdiction, all rights of the party in excess of the Board’s monetary jurisdiction are extinguished once the Board issues its order. 2006, c. 17 s. 207 (3).

Minimum amount

207. (4) The Board shall not make an order for the payment of an amount of money if the amount is less than the prescribed amount. 2006, c. 17 s. 207 (4).

Order may provide deduction from rent or regular monthly housing charges

207. (5) If a landlord or non-profit housing co-operative is ordered to pay a sum of money to a person who is a tenant of the landlord or a member of the co-operative at the time of the order, the order may provide that if the landlord or co-operative fails to pay the amount owing, the tenant or member may recover that amount plus interest by deducting a specified sum from the tenant’s rent or the member’s regular monthly housing charges paid to the landlord or co-operative for a specified number of rental periods or, in the case of a member, months. 2013, c. 3 s. 50 (1).

Same

207. (6) Nothing in subsection (5) limits the right of the tenant or member to collect at any time the full amount owing or any balance outstanding under the order. 2013, c. 3 s. 50 (1).

Post-judgment interest

207. (7) The Board may set a date on which payment of money ordered by the Board must be made and interest shall accrue on money owing only after that date at the post-judgment interest rate under section 127 of the Courts of Justice Act. 2006, c. 17 s. 207 (7).

Definition — “member”

207. (8) In subsections (5) and (6),

“member” means a member as defined in the Co-operative Corporations Act. 2013, c. 3 s. 50 (2).

Notice of decision

208. (1) The Board shall send each party who participated in the proceeding, or the person who represented the party, a copy of its order, including the reasons if any have been given, in accordance with section 191. 2006, c. 17 s. 208 (1); 2006, c. 17 s. 261 (5).

Same

208. (2) Section 18 of the Statutory Powers Procedure Act does not apply to proceedings under this Act. 2006, c. 17 s. 208 (2).

Order final, binding

209. (1) Except where this Act provides otherwise, and subject to section 21.2 of the Statutory Powers Procedure Act, an order of the Board is final and binding. 2006, c. 17 s. 209 (1).

Power to review

209. (2) Without limiting the generality of section 21.2 of the Statutory Powers Procedure Act, the Board’s power to review a decision or order under that section may be exercised if a party to a proceeding was not reasonably able to participate in the proceeding. 2006, c. 17 s. 209 (2).

Appeal rights

210. (1) Any person affected by an order of the Board may appeal the order to the Divisional Court within 30 days after being given the order, but only on a question of law. 2006, c. 17 s. 210 (1).

Board to receive notice

210. (2) A person appealing an order under this section shall give to the Board any documents relating to the appeal. 2006, c. 17 s. 210 (2).

Board may be heard by counsel

210. (3) The Board is entitled to be heard by counsel or otherwise upon the argument on any issue in an appeal. 2006, c. 17 s. 210 (3).

Powers of Court

210. (4) If an appeal is brought under this section, the Divisional Court shall hear and determine the appeal and may,

(a) affirm, rescind, amend or replace the decision or order; or

(b) remit the matter to the Board with the opinion of the Divisional Court. 2006, c. 17 s. 210 (4).

Same

210. (5) The Divisional Court may also make any other order in relation to the matter that it considers proper and may make any order with respect to costs that it considers proper. 2006, c. 17 s. 210 (5).

Board may appeal Court decision

211. The Board is entitled to appeal a decision of the Divisional Court on an appeal of a Board order as if the Board were a party to the appeal. 2006, c. 17 s. 211.

Substantial compliance sufficient

212. Substantial compliance with this Act respecting the contents of forms, notices or documents is sufficient. 2006, c. 17 s. 212.

Electronic documents

213. Any document referred to in this Act and specified in the regulations or in the Rules may be created, signed, filed, provided, issued, sent, received, stored, transferred, retained or otherwise dealt with electronically if it is done in accordance with the regulations or the Rules. 2006, c. 17 s. 213.

Contingency fees, limitation

214. (1) No agent who represents a landlord, tenant, non-profit housing co-operative or member of a non-profit housing co-operative in a proceeding under this Act or who assists a landlord, tenant, non-profit housing co-operative or member of a non-profit housing co-operative in a matter arising under this Act shall charge or take a fee based on a proportion of any amount which has been or may be recovered, gained or saved, in whole or in part, through the efforts of the agent, where the proportion exceeds the prescribed amount. 2013, c. 3 s. 51.

Same

214. (2) An agreement that provides for a fee prohibited by subsection (1) is void. 2006, c. 17 s. 214 (2).