Limits on Board's Review Powers
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O. Reg. 178/26: LIMITS ON BOARD'S REVIEW POWERS, Under: Residential Tenancies Act, 2006, S.O. 2006, c. 17
Residential Tenancies Act, 2006
LIMITS ON BOARD’S REVIEW POWERS
Consolidation Period: From July 1, 2026 to the e-Laws currency date.
No amendments.
This is the English version of a bilingual regulation.
When review on request is permissible
1. (1) For the purposes of subsection 209 (2) of the Act, the power of the Board to review all or part of its decision or order on a person’s request applies only if the Board determines that one of the following circumstances applies:
1. The person was a party to the proceeding but was not reasonably able to participate for a reason listed in subsection (2).
2. The decision or order is the consequence of a serious error listed in subsection (3).
3. The person has obtained evidence that,
i. was not before the Board during the proceeding,
ii. could not have been obtained by the person before the decision or order was made, and
iii. would likely have affected the result of the proceeding had it been before the Board.
(2) Paragraph 1 of subsection (1) is limited to the following reasons:
1. The party did not receive adequate notice of the hearing or of the issues to be decided at the hearing.
2. The party’s inability to participate was wholly or partly attributable to the Board.
3. The party was misled by another party to the proceeding.
4. The party was affected by a serious emergency, such as,
i. a serious illness, a serious injury or hospitalization, or
ii. the serious illness, serious injury, hospitalization or death of an immediate family member.
5. The party was incarcerated or incapable.
6. The occurrence of a natural disaster or other similar circumstance.
(3) Paragraph 2 of subsection (1) is limited to the following serious errors:
1. The Board acted outside of its jurisdiction or committed a material breach of procedural fairness.
2. The Board made an error of law, fact or mixed fact and law.
3. The Board ordered a remedy that is significantly outside of the range of usual and proportionate remedies for the type of proceeding.
4. The terms of the decision or order are unenforceable.
2. Omitted (provides for coming into force of provisions of this Regulation).