Other Powers of the Board
Interpretation Guideline G13

Interpretation Guidelines are intended to assist the parties in understanding the Board's usual interpretation of the law, to provide guidance to Members and promote consistency in decision-making. However, a Member is not required to follow a Guideline and may make a different decision depending on the facts of the case.


Section 201 of the Residential Tenancies Act, 2006 (the RTA) states:

Other powers of Board

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

Same

(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.

Same

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

Parties may view premises with Board

(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.

This Guideline is intended to provide guidance on powers of the Board under section 201 of the RTA. The Board does not gather evidence for or on behalf of the parties. The parties are responsible for bringing all relevant evidence and witnesses they wish the Member to consider to the hearing. However, the Board may, on its own initiative or at the request of a party, decide to exercise its discretion under section 201 to conduct an inquiry, question a person, view premises, amend an application or permit or direct a party to file additional evidence. This discretion will generally be exercised where the information at issue is relevant and necessary to the application and there is no other way to obtain the information or no other evidence that may be utilized in its place. The discretion under section 201 should be considered in light of section 171 of the RTA which states "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."

Each subsection is reviewed in turn.

a. Conduct any inquiry it considers necessary or authorize an employee of the Board to do so.

b. Request a provincial inspector or an employee of the Board to conduct any inspection it considers necessary.

c. Question any person, by telephone or otherwise, concerning the dispute or authorize an employee of 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.

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.

Subsection 201(2) provides that 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.



January 31, 2007
sjto.ca/ltb