Chapter 2: Legal framework

Residential Tenancies Act Regulations Rules of Practice Interpretation guidelines Case law Relevant texts

Residential Tenancies Act (RTA) Enacted by the Ontario Legislature Can only be changed by the Ontario Legislature Divided into parts from I to XIX Divided into sections numbered consecutively through the whole Act from 1 to 241 We write “s. 7” and say “section seven” We write “ss. 91(2)” and say “subsection 91, two” RTA is found in Appendix A of the textbook

Regulations Regulations under an act are enacted by the Ontario Cabinet Regulations cannot override the act, but they override any other source of law other than the act Regulations are also divided into parts and sections To be valid, regulations must be authorized by the RTA –For example s. 241(1) 22 provides that the cabinet can make a regulation prescribing services … for the purpose of s.123(1) –In s. 16, O.Reg.516/06 prescribes those services The regulations are found in Appendix B

Rules of Practice The board makes the rules Rules address such issues as: –Serving documents –Filing disputes –Extending or shortening time limits –Amending applications The rules are found in Appendix C

Interpretation guidelines The board issues “non-binding” interpretation guidelines –Suggesting how the RTA, regulations and rules should be interpreted and applied Guidelines cover such issues as: –Rescheduling or adjourning applications –Awards of costs –Issues in various eviction applications The guidelines are found in Appendix D

Case law The board makes decisions about specific cases The board publishes some decisions it thinks are helpful in knowing how it will apply the RTA Decisions of one member do not bind another member Decisions of the ORHT can also be relevant

Case law The RTA includes many sections that came from the Landlord and Tenant Act Decisions of the Ontario courts on the sections that were adopted in the RTA can also be relevant Decisions of County Court or Ontario Court (General Division) do not bind the board Decisions of the Divisional Court or the Court of Appeal bind the board Decisions of other countries with an English legal system can be persuasive

Relevant texts Legal texts can also be persuasive sources of law Legal texts often assemble case law on certain issues, and the authors often say what they think is correct when the case differs Legal texts sometimes comment on issues where there are yet no reported decisions