The Residential Tenancies Commission

... provides the opportunity for a fair hearing.

by Alvin M. Zivot, Q. C.
Chief commissioner
Residential Tenancies Commission

The Commission is a separate and distinct body from that of the Branch and is located at 211-254 Edmonton St., in Winnipeg. We also have offices in Brandon, and in Thompson. 

The Commission consists of: 

The Chief Commissioner - a full-time position, appointed by Order-in-Council for a 5-year term, located in Winnipeg.

Nine Deputy Commissioners - part-time, appointed by Order-in-Council for 2-year terms. The Deputy Commissioners have the authority to exercise the powers and perform the duties of the Chief Commissioner. They are at present located in Winnipeg, Altona, Brandon and the Pas. The Commissioner and the Deputies have been or are currently practising lawyers.

Four civil servant employees carry out the day-to-day operations of the Commission. The Commission members, however, are appointed by Order-in-Council and are not civil servants. 

Hearings are before a panel of 3: one landlord representative, one tenant representative and a neutral Commissioner (either the Chief Commissioner of one of the Deputies). Hearings are chaired by the neutral Commissioner who also casts the deciding vote if there is a tie. Hearings outside of Winnipeg are held at the nearest judicial district. 

Commission decisions are appealable to the Court of Appeal, but only on a question of error in law or jurisdiction. A Court of Appeal judge must first grant leave or permission to appeal to the Court of Appeal. Section 179 of the Residential Tenancies Act states, however, that no appeal lies from a decision or Order of the Commission made in a matter arising under Part 9 (the section dealing with Rent Regulation). The Commission's decision here is final. 

The Commission has the powers of commissioners under Part V of the Manitoba Evidence Act. The Commission therefore, has the power to issue subpoenas requiring the appearance of witnesses or documents. All parties giving evidence before the hearing panel give verbal evidence sworn or affirmed under oath. This does not apply to parties giving evidence under Part 9 of the Act relating to application by landlords for an increase of rent over the government guidelines. 

The Commission holds hearings on every appeal. All hearings are "De Novo" or new hearings. The parties to an appeal can not rely on any evidence or documents submitted before the Branch, and parties have to re-submit all previous evidence and any new evidence before the Commission so that the landlords and tenants will have another opportunity to be heard. In this manner the hearing panel is not influenced by prior evidence or the decision made by the Residential Tenancies Branch. 

At the Branch, the Director, or a hearing officer through the Director's authority, may make decisions and issue orders. The Commission, however, has no authority under The Residential Tenancies Act to make an Order unless a hearing is held before a panel of three. Approximately 5% of the decisions and orders of the Residential Tenancies Branch are appealed to the Commission annually. 

Since September 1, 1992, the date The Residential Tenancies Act was proclaimed, the Commission has received 2,590 appeals. There have been 106 applications for Leave to Appeal to the Court of Appeal and 5 have been granted. Of the 5, 2 were dismissed by the Court of Appeal in favour of the Commission, 2 were deemed abandoned and 1 is pending. 

I would like to quote from an article written by Professor Ed Ratushney, Q.C., a leading authority in Canada on administrative tribunals, who teaches administrative law and practice at the Ottawa Law School: "Administrative hearings must be conducted in accordance with the legal requirements of fairness; however, that fairness may be provided informally and expeditiously." In other words, the administrative process permits the legal "rules of natural justice", or the principle of fairness, to be applied with flexibility. 

While keeping this principle in mind, we attempt to conduct our hearings in such a manner so that no matter who wins, both parties will come away from the hearing with the feeling that they were given a full opportunity to present their cases and that they received a fair hearing. 

1. All Commission Hearings are informal; 
2. The parties to an appeal may have a reasonable opportunity to examine all material filed with the commission that is relevant to the appeal. 
3. Either party appearing before the Commission may be asked to speak first at the hearing. 
4. Parties appearing before the Commission, with the exception of legal council, may dress informally. 
5. No formal rules of evidence are required for the hearing process; the Commissioner may admit any evidence which he or she considers reasonable. 
6. All hearings at the Commission are open to the public unless otherwise ordered by the Commission. 
7. Preliminary motions or objections shall be filed with the Commission at least five days prior to the hearing, including any applications for closed hearings. 
8. If parties wish to file written material, they shall do so with the Commission at least five days prior to the hearing date. Four copies of all material shall be filed with the Commission. 
9. Complete disclosure of all documents and reports shall be made before the hearing. Party filing shall give copies to all parties five days prior to the hearing date. Four copies of all material shall be filed with the Commission. 
10. Section 161 (2) of the Act states that an appeal in writing shall be filedwith the Commission within fourteen days after the person receives a copy of the decision or order of the Director, or within such further time as the Residential Tenancies permits. 
11. Section 161 (2. 1) of the Residential Tenancies Act states that an Appeal under Section 154(1)2 respecting a contravention of subsection 32(5), or under subsection 154(1)9 respecting an Order or Possession, shall be filed in writing with the Residential Tenancies Commission within seven days after the person receives a copy of the decision or order of the Director, or within such further time as the Residential Tenancies Commission permits. 
12. An appeal will be by the way of a new hearing. (Hearing De Novo) 
13. The Commission will not hear claims that have not previously been heard at the Residential Tenancies Branch. Any new claims must be made at the Branch. 
14. The Act does not authorize the awarding of costs to council. 
15. The Commission will not allow an adjournment after a hearing date has been set, except in exceptional circumstances. 
16. The Commission will attempt to render decisions within 21 working days of hearing an appeal. The Commission will provide written reasons to any party requesting same. 
17. The Commission may conduct a hearing orally, including by telephone, or in writing, or partly orally and partly in writing. 

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